IfROM THE UNITED STATES GOVERNMENT THROUGH THE SUPERINTENDENT OF DOCUMENTS iVo6 RevVstar'pro'hibits the withdrawal of this book for home use. 4005 Cornell University Library KF5952.A3 1918 Emergency legislation passed prior to De 3 1924 019 978 034 OJnrnfll Ham ^rl|noI Sltbrarg ^^1 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924019978034 ^•o- Dg^Pt. &p -Jo-sW «a.£. EMERGENCY LEGISLATION PASSED PRIOR TO DECEMBER, 1917 DEALING WITH THE CONTROL AND TAKING OF PRIVATE PROPERTY FOR THE PUBLIC USE, BENEFIT, OR WELFARE PRESIDENTIAL PROCLAMATIONS AND EXECUTIVE ORDERS . THEREUNDER, TO AND INCLUDING JANUARY 31. 1918 TO WHICH IS ADDED A REPRINT OF ANALAGOUS LEGISLATION SINCE 1775 COLLECTED, ANNOTATED, AND INDEXED UNDER THE DIRECTION OF THE ATTORNEY-GENERAL By J. REUBEN CLARK, Jr. MAJOR, JUDGE ADVOCATE GENERAL'S omCEHS' RESERVE CORPS [ASSIGNED TO SPECIAL DUTY WITH THE ATTORNEY GENERAL GS THE UNITED STATES) WASHINGTON GOVERNMENT PRINTING OFFICB 1(18 1^^ I V kl.-\o^Z\ TABLE OF CONTENTS. Page. "National Defense Act" [Chap. 134. An Act E'er making further and more effectual provision for the national defense, and for other pur- poses. Approved June 3, 1916, 39 Stats. 166] 1 " Naval Appropriation Act " [Chap. 417. An Act Making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for other purposes. Approved August 29, 1918, 39 Stats. 556] 6 " Council of National Defense Act " [Chap. 418. An Act Making appro- priations for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for other purposes. Approved August 29, 1916, 39 Stats. 619] 7 " Shiplpng Board Act " [Chap. 451. An Act To establish a United States Shipping Board for the purpose of encouraging, developing, and creat- ing a naval auxiliary and naval reserve and a merchant marine to meet the requirements of the commerce of the United States with its Ter- ritories and possessions and with foreign countries ; to regulate carriers by water engaged in the foreign and interstate commerce of the United States; and for other purposes. Approved September 7, 1916. 39 Stats. 728] 12 " Naval Emergency Fund Act " [Chap. 180. An Act Making appropria- tions for the naval service for the fiscal year ending June thirtieth, nineteen hundred and eighteen, and for other puropses. Approved March 4, 1917. 39 Stats. 1168] 13 " War Resolution " [Chap. 1. Joint Resolution Declaring that a state of war exists between the Imperial German Government and the Gov- ernment and the people of the United States and making provision to prosecute the same. Approved April 6, 1917, 40 Stats. 1] 18 " German Boat Resolution " [Chap. 13. Joint Resolution Authorizing the President to take over for the United States the possession and title of any vessel within its jurisdiction, which at the time of coming therein was owned in whole or in part by any corporation, citizen, or subject of any nation with which the United States may be at war, or was under register of any such nation, and for other purposes. Ap- proved May 12, 1917, 40 Stats. 75] 18 " Car Service Act " [Chap. 23. An Act To amend .an Act entitled ■' An Act to regulate commerce," as amended, in respect of car service, and for other purposes. Approved May 29, 1917, 40 Stats. 101] 19 " Emergency Shipping Fund Act " [Chap. 29. An Act Making appropria- tions to supply urgent deficiencies in appropriations for the Military and Naval Establishment on account of war expenses for the fiscal year ending June thirtieth, nineteen hundred imd seventeen, and for other purposes. Approved June 15, 1917, 40 Stats. 182] 21 " Espionage Act " [Chap. 30. An Act To punish acts of interference with the foreign relations, the neutrality, and the foreign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes. Approved June 15, 1917, 40 Stats. 217] 26 37639—18 III IV TABLE OF CONTENTS. Page. " Land Condemnation Act " [Chap. 35. An Act To authorize condemna- tion proceedings of lands for military purposes. Approved July 2, 1917. 40 Stats. 241] 35 " Aviation Act " [Chap. 40. An Act To authorize the President to in- crease temporarily the Signal Corps of the Army and to purchase, manufacture, maintain, repair, and operate airships, and to make appropriations therefor, and for other purposes. Approved July 24, 1917. 40 Stats. 243] 36 " Special Aviation Act " [Chap. 42. An Act Authorizing the President to take possession, oh behalf of the United States, for use as sites for permanent aviation stations for the Army and Navy and for aviation school purposes, of the whole of North Island in the harbor of San Diego, California, and for other purposes. Approved, July 27, 1917. 40 Stats. 247] ^ 40 " River and Harbor Act " [Chap. 49. An Act Making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. Approved August 8, 1917. 40 Stats. 250] 41 " Priority Shipment Act " [Chap. 51. An Act To amend the Act to regu- late commerce, as amended, and for other purposes. Approved August 10, 1917. 40 Stats. 272] 42 " Agricultural Act " [Chap. 52. An Act To provide further for the na- tional security and defense by stimulating agriculture and facilitating the distribution of agricultural products. Approved, August 10, 1917. 40 Stats. 278] 45 " Food Control Act " [Chap. 53. An Act To provide further for the national security and defense by encouraging the production, con- serving the supply, and controlling the distribution of food products and fuel. Approved, August 10, 1917. 40 Stats. 276] 49 " Air Station Act " [Chap. 77. An Act To provide for the acquisition of an air station site for the United States Navy. Approved, October 6, 1917. 40 Stats. 344] 83 " Urgent Deficiencies Act " [Chap. 79. An Act Making appropriations to supply urgent deficiencies in appropriations for the fiscal year end- ing June thirtieth, nineteen hundred and eighteen, and prior fiscal years, on account of war expenses, and for other purposes. Approved, October 6, 1917. 40 Stats. 345] 84 " Explosives Act " [Chap. 83. An Act To prohibit the manufacture, dis- tribution, storage, use, and possession in time of war of explosives, providing regulations for the safe manufacture, distribution, storage, use, and possession of the same, and for other purposes. Approved October 6, 1917. 40 Stats. 385] 87 " Patents Act " [Chap. 95. An Act To prevent the publication of inven- tions by the grant of patents that might be detrimental to the public safety or convey useful information to the enemy, to stimulate inven- tion, and provide adequate protection to owners of patents, and for other purposes. Approved October 6, 1917. 40 Stats. 394] 93 *' Trading with the Enemy Act " [Chap. 106. An Act To define, regulate, and punish trading with the enemy, and for other purposes. Approved October 6, 1917. 40 Stats. 411] 94 TABLE OP CONTENTS. V Past II. — Proclamations of President Under Cukeent Statutes. Page. Acquisition of Jamestowu Exposition site for Naval Purposes. June 28, 1917, No. 1379 127 Certain exports in time of war unlawful. July 9, 1917, No. 1385 130 Certain exports in time of war unlawful. August 27, 1917, No. 1391 132 Exports of Coin, Bullion, and Currency unlawful. September 7, 1917, No. 1392 135 License of Importers, Manufacturers and Refiners of Sugar, Sugar Syrups and Molasses. September 7, 1917, No. 1393 137 License of Commodities. October 8, 1917, No. 1396 139 Manufacture, etc., of Explosives in time of war unlawful. October 26, 1917, No. 1404 142 Licensing Bakers. November 7, 1917, No. 1406 143 License of Arsenic Industry. November 15, 1917, No. 1407 145 Certain further exports unlawful in time of war. November 28, 1917, No. 1410 147 Certain imports prohibited except under license. November 28, 1917, No. 1411 148 Vessels in ports of the United States. December 3, 1917, No. 1413 1 150 Limiting alcoholic content of malt liquor. December 8, 1917, No. 1416 151 Declaring establishment of reservation for proposed Proving Ground. December 14, 1917, No. 1418 153 Possession and control of Rail and Water Transportation Systems. December 26, 1917, No. 1419 155 Prohibiting Aircraft Expositions. January 1, 1918, No. 1420 159 License of Ammonia Industry. .Tanuary 3, 1918, No. 1421 159 Licensing tbe Importation, Manufacture, Storage, and Distribution of Feeds, and certain other Food Commodities. January 10, 1918, No. 1422 161 Licensing Bakers and Importers or Distributors of Green Coffee. January 80, 1918, No. 1425 165 License of Fuel Oil Industry. January 31, 1918, No. 1426 166 Part III. — Executive Orders op President Under Current Statutes. German Boats. May 14, 1917, No. 2619-A 169 German Boats. May 16, 1917, No. 2621 169 German Boats. May 22, 1917, No. 2624 169 German Boats. May 22, 1917, No. 2625 - 170 VI TABLE OF CONTENTS. Page. German Boats. June 12, 1917, No. 2635-, ITO Export License — Exports Council. June 22, 1917, No. 2645 170 German Boats. June 30, 1917, No. 2651 171 German Boats. July 3, 1917, No. 2653 172 Exercise of authority under the Emergency Shipping Fund Act. July 11, 1917, No. 2666 173 Authority to organize Food Administration Grain Corporation. August 14, 1917, No. 2681 174 Exercise of authority under the " Naval Emergency Fund Act," and others. August 21, 1917, No. 2687 176 Appointment of Fuel Administrator. August 23, 1917, No. 2690 177 Authority to exercise powers bestowed by Sections 15 and 16 of the Food Control Act. September 2, 1917, No. 2694r-A , 177 Regulations relating to the exportation of Coin, Bullion, and Currency. September 7, 1917, No. 2697 178 German Boats. September 27, 1917, No. 2709 179 Vesting power and authority in designated officers and making rules and regulations under Trading with the Enemy Act and Title VII of the Act approved June 15, 1917. October 12, 1917, No. 2729-A 180 Providing for requisitioning of Foods and Feeds. October 23, 1917, No. 2736 187 Fixing salary of, and vesting certain power and authority in, the Alien Property Custodian appointed under Trading with the Enemy Act. October 29, 1917, No. 2744 187 German Boats. November 2, 1917, No. 2748 189 Determination of a just, fair, and reasonable profit under Section 5 of the Food Control Act. November 27, 1917, No. 2765 190 Vesting power and authority in designated officers and making rules and regulations under Trading with the Enemy Act and Title VII of the Act approved June 15, 1917. [Supplemental to Executive Order of October 12, 1917.] December 7, 1917, No. 2770 190 Executive Order prescribing rules and regulations under Section 5 of the Trading with the Enemy Act and supplementing rules and regula- tions hertofore prescribed under Title VII of the Espionage Act. January 26, 1918, No. 2796 191 Paet IV. — Acts and Resolves or the Continental Congbess. [journals of the continental congress.] Recommendations concerning furnishing and making Army supplies. June 10, 1775 201 Resolution for encouraging certain imports. July 15, 1775 202 TABLE OF CONTENTS. VH Page. Resolution concerning publication of earlier resolution and recommenda- tion to seize certain King's Stores. October 26, 1775 202 Resolution regarding Army Bupplies, and impressments. November 4, 1775 203 Seizure and destruction of enemy vessels. November 4, 1775 203 Seizure of arms and ammunition. December 30, 1775 203 Disarming of certain persons. .Tanuary 3, 1776 204 Disarming of certain colonists. March 14, 1776 204 Disposition of seized arms. March 20, 1776 205 Trade regulations concerning exports and imports. April 6, 1776 205 Impressment of horses and carriages. October 10, 1776 206 Resolution regarding engrossing. November 26, 1770 206 Request for supplies. November 26, 1776 207 Recommendation for impressment of certain supplies. December 2, 1776 207 Resolution bestowing dictatorial powers upon Washington. December 11, 1776 207 Directing removal of supplies in danger of seizure by enemy. April 19, 1777 208 Resolution forbidding impressment. May 29, 1777 208 Recommendation to take possession of named supplies. September 14, 1777 209 Resolution conferring further powers upon Washington. September 17, 1777 209 Resolution authorizing impressment. October 6, 1777 210 Resolution regarding impressment. October 11, 1777 210 Resolution continuing certain powers theretofore vested in Washington. November 14, 1777 210 Recommendation that states enact price fixing legislation, and laws regu- lating engrossers and forestallers. November 22, 1777 211 Impressment of industrial enterprises and use of army to operate same. November 24, 1777 212 Recommendation regarding forfeitures of certain estates. November 27, 1777 212 Resolution urging Washington to subsist army on country immediately around it, if necessary by impressment. December 10, 1777 213 Resolution regarding cattle in danger of seizure by enemy. December 15, 1777 214 Recommendation to state legislatures to enact impressment, and other legislation. December 20, 1777 214 Vin TABLE OF CONTENTS. Page. Resolution concerning impressment. January 13, 1778 217 Resolution regarding impressment and prices. January 15, 1778 217 Resolution regarding seizure of rum for army. May 13, 1778 218 Recommendation that price fixing statutes be repealed, and exports prevented. June 4, 1778 218 Resolution regarding disposition of property in Philadelphia in case of its evacuation by the enemy. June 4, 1778 219 Recommendation to states as to legislation touching speculators, fore- stallers, and engrossers. October 2, 1778 220 Disposition of goods belonging to enemies. October 22, 1778 222 Resolution regarding obtaining of supplies for the army. November 30, 1778 223 Resolution respecting payment for clothing for troops. March 2, 1779 223 Resolution regarding return of seized merchandise. March 12, 1779 224 Resolution respecting protection of property belonging to or used or occupied by the United States. July 23, 1779 224 Resolution regarding nonseizure of supplies belonging to the French. January 17, 1780 225 Resolution authorizing impressment. May 18, 1781 226 Resolution authorizing impressment. June 4, 1781 227 Pabt V. — Statittes Passed by the States During the Revolutionaet Wab. Acts and Laws of Connecticut 228 Acts of Delaware 246 Acts of Georgia 276 Acts of Maryland 290 Acts and Laws of Massachusetts 418 Laws of New Hampshire 466 Acts of New Jersey 496 Laws of New York 582 Laws of North Carolina 678 Statutes at Large of Pennsylvania 705 Laws of Rhode Island 819 Statutes of South Carolina 879 Acts of Vermont 905 Statutes of Virginia 915 Part VI. Fedeeal Statutes of War of 1812, and of Wab of 1847 990 Part VII. — Statutes of the Civil War Period. Confederate Statutes— Civil War 1026 Federal Statutes— Civil War 1052 PREFATORY NOTE. Herein have been collected, by the direction of the Attorney Gen- eral, those provisions of the so-called war legislation which deal with the taking and the control of private property for public use, benefit, or welfare. There have been excluded from this collection the statutory provisions dealing with the organization and government of our military and naval establishments, defining and punishing crimes incident to an effective providing for the common defense, and authorizing and providing for war-time financing. Some statutes not strictly emergency have been also included, since they are intimately connected with certain phases of the con- duct of the war. These statutes have been annotated at appropriate places by ref- erences to the Presidential Proclamations and Executive Orders putting them into effective operation, to Acts and Resolves of the Continental Congress and of the States during the Revolutionary War, and to Federal legislation during the wars of 1812, of 1847; and of the Civil War [including also the Confederate Statutes], all of which are printed herein immediately following the emergency legislation. While some early statutes may have been overlooked, it is believed that the more important ones have been included. As a casual examination will show, these annotation references are to the general subjects and principles covered by the statutes [both those annotated and those used for annotation], and not to their details. An Index-Digest of the Emergency Statutes and the Presidential Proclamations and Executive Orders issued thereimder has been added at the end of the book. Annotations covering broad general subjects or principles will be found as follows: Compulsory orders under Section 120 of the " National Defense Act " [p. 2] ; requisition of transportation, the " Council of National Defense Act " [p. 8] ; control of exports, Title VII of the " Espionage Act " [p. 30] ; hoarding, and the licensing of dealers in foodstuffs etc.. Sections 5 and 6, Food Control Act [pp. 52, 54] ; requisition of supplies and storage facilities. Section 10, Food Control Act [p. 57] ; requisition of manufacturing establishments, X PKEFATOBY NOTE. Section 12, Food Control Act [p. 64] ; regulation of dealings in nec- essaries, Section 13, Food Control Act [p. 67] ; stimulation of indus- tries by bonus or otherwise, Section 14, Food Control Act [p. 69] ; furnishing allies with supplies. Section 14, Food Control Act [p. 71] ; prohibition of the use of grains for making distilled spirits, Section 15, Food Control Act [p. 72] ; fixing of' prices. Section 26, Food Control Act [p. 76] ; the impressment and compensation of labor, Section 12, Food Control Act [p. 65] ; confiscation of enemy goods (Section 6) and handling of debts to and from enemies (Sec- tion 7 (b) ), Trading with the Enemy Act [pp. 102, 105]. The reference " E. L." used herein are to pages in this volume. J. K. C. January 31, 1918. PART I.— CURRENT EMERGENCY LEGISLATION UP TO DECEMBER, 1917. " NATIONAL DEFENSE ACT." [166] Chap. 134.— An Act For making further and more effectual , J"?.^ ful^i^- LH. K. IJTbb. J provision for tlie national defense, and for other purposes. [Ap proved, June 3, 1916. 39 Stats. 166.] [PuWic, No. Be it enacted hy the Senate and House of Representa- ^ National De- tives of the United States of America in Congress assem- bled, [213] Sec. 120. Purchase or procurement of mili- li^g"'*^''^ ^"P" TARY SUPPLIES IN TIME OF ACTUAL OR IMMINENT WAR. Fufchases au- tnonzea from The President, in time of war or when war is imminent, m a nufacturers ' in time of war. is empowered, through the head of any department of the Government, in addition to the present authorized methods of purchase or procurement, to place an order with any individual, firm, association, company, corpora- tion, or organized manufacturing industry for such prod- uct or material as may be required, and which is of the nature and kind usually produced or capable of being produced by such individual, firm, company, association, corporation, or organized manufacturing industry. Compliance with all such orders for products or mate- jj o ^^ "ha"''" rial shall be obligatory on any individual, firm, associa- p''«<=«'J'^°<=«' «*<=• tion, company, corporation, or organized manufacturing industry or the responsible head or heads thereof and (, g^^^|^^^j!J,° j*^ shall take precedence over all other orders and contracts p^'^* "t^^J^^'"^^- theretofore placed with such individual, firm, company, association, corporation, or organized manufacturing in- amnfunitioa dustry, and any individual, firm, association, company, p'^°**- corporation, or organized manufacturing industry or the responsible head or heads thereof owning or operating any plant equipped for the manufacture of arms or am- munition, or parts of ammunition, or any necessary sup- plies or equipment for the Army, and any individual, firm, association, company, corporation, or organized manufacturing industry or the responsible head or heads thereof owning or operating any manufacturing plant, 37639°— 18 1 J 2 CURRENT EMERGENCY LEGISLATION. bie''o?*Lan'u-'*^"^i^^5 in the opinion of the Secretary of War shall be facturing arms, capable of being readily transformed into a plant for the manufacture of arms or ammunition, or parts thereof, or other necessary supplies or equipment, who shall re- fuse to give to the United States such preference in the matter of the execution of orders, or who shall refuse to manufacture the kind, quantity, or quality of arms or ammunition, or the parts thereof, or any necessary sup- plies or equipment, as ordered by the Secretary of War, or who shall refuse to furnish such arms, ammunitions, or parts of ammunition, or other supplies or equipment, at a reasonable price as determined by the Secretary of Arm'y^^'cJ'rd^War, then, and in either such case, the President, through ment! °^^*''" the head of any department of the Government, in addi- tion to the present authorized methods of purchase or procurement herein provided for, is hereby authorized to take immediate possession of any such plant or plants, and through the Ordnance Department of the United States Army, to manufacture therein in time of war, or when war shall be imminent, such product or material as fo/'"n°onc^pu*- ^^J be required, and any individual, firm, company, asso- °°''^" elation, or corporation, or organized manufacturing in- dustry, or the responsible heads or heads thereof, failing to comply with the provisions of this section shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment for not more than three years and by a fine not exceeding $50,000.^ ' For statutes somewhat analogous in principle passed during the Revo- lutionary War see — New Hampshire: Act for raising eleven thousand and two hundred weight of beef within this state for the use of the Continental Army, 1780, 4 Metcalf's Laws of New Hampshire 307 [p. 482] ; Act for raising one million and four hundred thousand pounds weight of beef toward the support of the Continental Army, 1781, id. p. 353 [p. 487] ; Act for sup- plying the Continental Army with ten thousand gallons of West India rum, 1781, id. p. 415 [p. 491]. Neiv York: Act to procure a supply of shoes and stockings for the troops raised under the direction of this State, 1778, 1 Cook's N. Y. Laws, 24 [p. 585] ; Act for procuring a further supply of clothing for the five continental Rattallions raised under the direction of this state, 1778, Id. p. 91 [p. 604] ; Act to procure a further supply of shoes and stockings, for the troops raised nnder the direction of this state, 1779, Id. p. 121 [p. 614]. Rhode Island: Act apportioning beef supply among the several towns of the state, January, 1781, Laws of Rhode Island, p. 20 [p. 864]. Virginia: Act to empower the Governor and council to employ per- sons for working the lead mines to greater advantage, 1776, 9 Hening's Stats. 237 [p. 927] ; Act for supplying the army with clothes, provisions, and wagons, 1780, 10 Hening's S^ats, 338 [p. 969] ; Same, 1781, id. p. 89§ [p. 979]. NATIONAL DEFENSE ACT. 3 The compensation to be paid to any individual, firm,jp^ompen^sation company, association, corporation, or organized manu-«t=- facturing industry for its products or material, or as rental for use of any manufacturing plant while used by the United States, shall be fair and just. [214] The Secretary of War shall also make, or cause ^ jPfi''ateaj™s to be made, a complete list of all privately owned plants p ^^* ° * ^ t° ^^ in the United States equipped to manufacture arms or i^j'j."™'**'"'' ammunition, or the component parts thereof. He shall obtain full and complete information regarding the kind of arms or ammunition, or the component parts thereof, manufactured or that can be manufactured by each such^^^'^'JJl^J'f'^'J plant, the equipment in each plant, and the maximum*"'^® ^"^^' **•=• capacity thereof. He shall also prepare, or cause to be prepared, a list of privately owned manufacturing plants in the United States capable of being readily transformed into ammunition factories, where the capacity of the plant is sufficient to warrant transforming such plant or plants into ammunition factories in time of war or when war shall be imminent ; and as to all such plants the Secre- tary of War shall obtain full and complete information as to the equipment of each such plant, and he shall prepare jj.^jj^j»°j^.^" comprehensive plans for transforming each such plant ^*'="*°'*®™*^^- into an ammunition factory, or a factory in which to manufacture such parts of ammunition as in the opinion of the Secretary of War such plant is best adapted. The President is hereby authorized, in his discretion, jj^°»^'j.j^jj<>^° to appoint a Board on Mobilization of Industries Essen- i°^J'j|'j'"ij«^ ^s- tial for Military Preparedness, nonpartisan in character, "^'^y Prepared- and to take all necessary steps to provide for such clerical ^^Appointment, assistance as he may deem necessary to organize and co- ordinate the work hereinbefore described. Sec. 121. Investigation as to Government manufac- manufacture* ot TUEE OF ARMS, AND SO FORTH. — The Secretary of War is^'Board^'to In- hereby authorized to appoint a board of five citizens, twobfuly^ ''ete.'^''^' of whom shall be civilians and three of whom shall be officers of the Army, to investigate and report to him the re Jilted? *° *** feasibility, desirability, and practicability of the Gov- ernment manufacturing arms, munitions^ and equipment, showing in said report the comparative prices of the arms, munitions, and equipment manufactured in Gov- ernment plants and those manufactured in private plants, the amount of money necessary to build and operate Government plants for the manufacture of arms, muni- 4 CURRENT EMERGENCY LEGISLAnON. tions, and equipment; showing also what the Govern- ment plants and arsenals are now doing in the way of manufacturing arms, munitions, and equipment, and what saving has accrued to the Government by reason of its having manufactured a large part of its own arms, cong'rras/* *" munitions, and equipment for the last four years. And the Secretary of War is hereby directed to transmit said report to Congress on or before January first, nineteen hundred and seventeen. ***** o£ a^rms,*'^etc^ [215] SeC. 123. PROCUREMENT OF GAUGES, DIES, JIGS, for immediate use. AND so FORTH, NECESSARY FOR MANUFACTURE OF ARMS, AND etc.?°to bl"pro' SO FORTH. — The Secretary of War be, and he is hereby, "^"'^ ■ authorized to prepare or cause to be prepared, to pur- chase or otherwise procure, such gauges, dies, jigs, tools, fixtures, and other special aids and appliances, including specifications and detailed drawings, as may be necessary for the immediate manufacture, by the Government and by private manufacturers, of arms, ammunition, and spe- cial equipment necessary to arm and equip the land forces likely to be required by the United States in time Proviso. of war: Provided, That in the expenditure of any sums Discretionary . ' ■*■ •^ use o£ expendi- appropriated to carry out the purposes of this section the existing laws prescribing competition in the procure- ment of supplies by purchase shall not govern, whenever in the opinion of the Secretary of War such action will be for the best interest of the public service. Nitrate sup- Qec. 124. NiTRATE SUPPLY. — The President of the ply. t ^""'I^V^^ine ^'^^^^'^ States is hereby authorized and empowered to means for pro- make, Or cause to be made, such investigation as in his duction o£. . ' . ' ° judgment is necessary to determine the best, cheapest, and most available means for the production of nitrates and other products for munitions of war and useful in the manufacture of fertilizers and other useful products by water power or any other power as in his judgment is of hydrSctric the bcst and cheapest to use ; and is also hereby author- sites. ^2ed and empowered to designate for the exclusive use of the United States, if in his judgment such means is best and cheapest, such site or sites, upon any navigable or nonnavigable river or rivers or upon the public lands, as in his opinion will be necessary for carrying out the of plants" etc°" purposes of this Act; and is further authorized to con- struct, maintain, and operate, at or on any site or sites so designated, dams, locks, improvements to navigation, power houses, and otlier plants and equipment or other NATIONAL DEFENSE ACT. 5 means than water power as in his judgment is the best and cheapest, necessary or convenient for the generation of electrical or other power and for the production of nitrates or other products needed for munitions of war and useful in the manufacture of fertilizers and other useful products.^ The President is authorized to lease, purchase, or ac- ^j itnds! et?.''"' quire, by condemnation, gift, grant, or devise, such lands and rights of way as may be necessary for the construc- tion and operation of such plants, and to take from any lands of the United States, or to purchase or acquire by processe^s'e^c.^' condemnation materials, minerals, and processes, pat- ented or otherwise, necessary for the construction and operation of such plants and for the manufacture of such products. The products of such plants shall be used by the Presi- use^tproduct"! dent for military and naval purposes to the extent that he may deem necessary, and any surplus which he shall determine is not required shall be sold and disposed of by surpiua?^"*^ ° ' him under such regulations as he may prescribe. The President is hereby authorized and empowered to pioyee" Officers, em- 3yees, e t c., employ such officers, agents, or agencies as may in ^ig '^"t^<»'i^«'^- discretion be necessary to enable him to carry out the purposes herein specified, and to authorize and require such officers, agents, or agencies to perform any and all of the duties imposed upon him by the provisions hereof. The sum of $20,000,000 is hereby appropriated, out of Appropriation, any moneys in the Treasury not otherwise appropriated, available until expended, to enable the President of the United States to carry out the purposes herein provided for. The plant or plants provided for under this Act shall so°&*byVhe be constructed and operated solely by the Government ^°^^™'"'^'^*' and not in conjunction with any other industry or enter- prise carried on by private capital. ^ Revolutionary War Statutes. Maryland: See 'Act to punish forestalling and engrossing, and for other purposes, June, 1777, Laws of State of Maryland, c. XI [p. 298] ; Act for enlarging the powers ol the Governor and council, November Session, 1779, id. e. XVII [p. 366]. New Jersey: See act for erecting salt works, and manufacturing salt within the State of New Jersey, Acts of the State of New Jersey, Oct. 10, 1777, c. 55 [p. 503] ; act repealing above, id., March 28, 1778, c 17 [p. 524]. Rhode Island: See Act for encouraging the manufacture of salt-petre and gunpowder, January, 1776, Laws of Rhode Island, p. 246 [p. 819]. Virginia: See ordinance for providing arms and ammunition for the use of this colony, 1775, 9 Hening's Stats. 71 [p. 916] ; Same amended, id. p. 94 [p. 918]. 6 CITEBENT EMERGENCY LEGISLATION. anS^1)onds^for ^^ Order to raise the money appropriated by this Act funds. jjjid necessary to carry its provisions into eifect, the Sec- retary of the Treasury, upon the request of the President of the United States, may issue and sell, [216] or use for such purpose or construction hereinabove authorized, any of the bonds of the United States now available in 117 ''i92^^ioii' *'^^ Treasury of the United States under the Act of August fifth, nineteen hundred and nine, the Act of Feb- ruary fourth, nineteen hundred and ten, and the Act of March second, nineteen hundred and eleven, relating to the issue of bonds for the construction of the Panama Proviso. Canal, to a total amount not to exceed $20,000,000 : Pro- Redemp t i o n ' . period modified, vided, That any Panama Canal bonds issued and sold or used under the provisions of this section may be made payable at such time after issue as the Secretary of the Treasury, in his discretion, may deem advisable, and fix, instead of fifty years after date of issue, as in said Act of August fifth, nineteen hundred and nine, not exceeding fifty years. "NAVAL APPROPRIATION ACT." August 29, [556] Chap. 417. — An Act Making appropriations for the naval rjj E^ 15947 ] service for the fiscal year ending June thirtieth, nineteen hun- dred and seventeen, and for other purposes. [Approved, Au- [Public, No. 241.] gust 29, 1916. 39 Stats. 556.] ice^appropria- ^^ *^ eTiocted by the Seriate and House of Re-presenta- tions. tives of the United States of America in Congress assem- bled, * * * 4: * coime"e'*^*^ [604] Scctiou six of an Act entitled " An Act to regulate tr^sportition commerce," approved February fourth, eighteen hundred '°v ™f "Ly"' ^^^ eighty-seven, as amended March second, eighteen 587, amended, hundred and eighty-nine, and June twenty-ninth, nine- teen hundred and six, which reads : visio™*' **' " That in time of war or threatened war preference and precedence shall, upon demand of the President of the United States, be given over all other traffic for the transportation of troops and material of war, and carriers shall adopt every means within their control to facilitate and expedite the military traffic," be amended to read as follows: be givm troop^s" " That in time of war or threatened war preference and etc. 'precedence shall, upon demand of the President of the United States, be given over ail other traffic for the trans- OOtTNClL OS' NATIONAL DEB^ENSE ACT. 7 portation of troops and material of war, and carriers shall adopt every means within their control to facilitate and expedite the military traffic. And in time of peace Prompt de- shipments consigned to agents of the United States for of peace. its use shall be delivered by the carriers as promptly as possible and without regard to any embargo that may have been declared, and no such embargo shall apply to Embargoes , . ^ . ' , „ ° ^^ •' prohibited. shipments so consigned. " COTJNCIIi OF NATIONAL DEFENSE ACT." [619] Chap. 418. — An Act Making appropriations for the support August 29, of the Army for the fiscal year ending June thirtieth, nineteen [h.E. 17498.] hundred and seventeen, and for other purposes. [Approved, fpubn^ no~ August 29, 1916. 39 Stats. 619.] 2421] Be it enacted hy the Senate and House of Representa- tives of the United States of America in Congress as- semiled, 4: 9|: 3|: 4: 4: [622] Purchase of land in the State of California site for avia- FOE aviation school PURPOSES: For the acquisition, by ''""^ ^'^'^°°^' **''• purchase or by condemnation, of a site or sites in the State of California for an aviation school and training grounds of the Signal Corps of the United States Army, not to exceed $300,000. The Secretary of War is hereby authorized to accept Aviation aeid for the United States from any citizen of the United Acceptance of States a donation of a tract or tracts of land suitable and desirable in his judgment for the purposes of an aviation field and remount station, the terms of the donation also to authorize the use of the property donated for any other service of the United States which may hereafter appear desirable.^ The Secretary of War is directed to Investigate the ^^ ■*^'=,'i|"n™"foJ suitability of the various military reservations for avia-^^^^^^'^^jj^p^^: tion purposes, and should any of the reservations be li,™""" *^^"" found not suitable and not available for aviation he is authorized, in his discretion, to acquire, by purchase, condemnation, or otherwise, for the United States of America, such [623] land as may be necessary for avia- tion purposes, and there is hereby appropriated, out of any money in the Treasury riot otherwise appropriated, the sum of $300,000, or so much thereof as may be neces- sary, for said purpose.^ 1 Military Laws of the U. S., Sec. 1274 a. ' Military Laws of the U. S., Sec. 1274 b. 8 CUEEENT EMEEGENCY LEGISLATION. gtMoMi|a«on, The Secretary of War is hereby authorized to accept latd^for.*"'^^ °' *0J^ ^^^ United States from any person such tract or tracts of land suitable and desirable in his judgment for permanent mobilization, training, and supply stations; Report on and he is directed to investigate and report to Congress tracts necessa- .,, ,-,-,■■ ■, ry, etc. as soon as practicable what additional tracts are neces- sary for said purposes for use by the National Guard and by the Eegular Army and the probable cost of the same.^ ^ ^ ^ ^ <* tio^oTSoo's' [645] The President, in time of war, is empowered, et^^^j^gj^' through the Secretary of War, to take possession and tems^°in ' time ^^^me control of any system or systems of transporta- of war. tion, or any part thereof, and to utilize the same, to the exclusion as far as may be necessary of all other traffic thereon, for the transfer or transportation of troops, war material and equipment, or for such other purposes con- nected with the emergency as may be needful or de- sirable.^ » Military Laws of the TJ. S., Sec. 1274 d. 'See Presidential Proclamation No. 1419, December 26, 1917 [p. 1551. Revolutionary War Statutes. Connecticut: See Act to compel tlie furnishing necessary supplies and assistance to the Quartermaster General of the Continental Army, Acts and Laws of Connecticut, 1776, p. 507 [p. 243] ; Act to compel the furnishing necessary supplies and assistance to the Quartermaster General and Commissary General of Forage, of the Continental Army, Id. 1779, p. 511 [p. 244]. Georgia: See Act for the better ordering and regulating the militia of this state, Nov. 15, 1778, 19 Col. Records of Georgia, Ft. II, p. 103, 116 [p. 284]. Maryland: See Supplemental Act to Act entitled, An Act to regulate the militia. Original Laws of Maryland, 1777, October Session, c. xxi [p. 302] ; Act for the service of the United States, 1778, March session. Id. c. i [p. 305] ; Act for enlarging the powers of the Gov- ernor and Council, 1778, id. c. xili [p. 310] ; Act for enlarging the powers of the Governor and Council, 1778, October Session, id. c. x [p. 329] ; Act for enlarging the powers of the Governor and Council, 1779, November Session, id. c. xvii [p. 367] ; Act for the immediate supply of flour and other provisions for the Army, 1779, November ses- sion, id. c. xxxli [p. 384] ; Act supplementary to the act entitled "an act for enlarging the powers of the Governor and Council," 1779, November session, id. c. xxxiv [P. 387] ; Last foregoing act continued, 1780, March Session, Id. c. xxi [p. 388] ; Act to authorize impress- ment of vessels and carriages, 1780, June Session, id. c. i [p. 389]. Massachusetts: See Act to empower the Quarter-master General or his deputies within this Commonwealth to impress such teams as may be found necessary to transport supp'lies to the army. Original Acts, May 18, 1781, p. 69 [p. 462]. New Jersey: See Act for regulating the quartering of soldiers and fur- nishing of carriages, horses, and other necessaries for the army. Acts of the State of New Jersey, March 24, 1778, c. 15 [p. 520] ; Act for limiting the prices of various articles and to prevent the withholding from sale the necessaries of life, id. December 21, 1779, c. xli [p. COUNCIL OP NATIONAL DEFENSE ACT. V [649] Sec. 2. That a Council of National Defense is tiSnToefe^se: hereby established, for the coordination of industries and Composition, resources for the national security and welfare, to con- sist of the Secretary of War, the Secretary of the Navy, the Secretary of the Interior, the Secretary of Agricul- ture, the Secretary of Commerce, and the Secretary of Labor. That the Council of National Defense shall nominate ^„^^i^^\«^o --jy to the President, and the President shall appoint, an "^g^PPiO^ft^i^-n. advisory commission, consisting of not more than seven fl<=ations. persons, each of whom shall have special knowledge of some industry, public utility, or the development of some natural resource, or be otherwise specially qualified, in the opinion of the council, for the performance of the duties hereinafter provided. The members of the ad- lowea"^^^ *'" visory commission shall serve without compensation, but shall be allowed actual expenses of travel and subsistence when attending meetings of the commission or engaged in investigations pertaining to its activities. The ad- Meetings, visory commission shall hold such meetings as shall be 535] ; Act for procuring provisions for the use of the Army, and otlier supplies for carrying on the war, etc., id. Dec. 25, 1779, c. 17 [p. 547] ; Act for the more speedy and effectual procurement of supplies for the army of the United States, id. Dec. 4, 1780, c. 3 [p. 566]. New Yorh: See Act for regulating impresses of forage and carriages . and for billeting troops within this State, 1778, I Cook's N. T. Laws 55 [p. 587] ; Act amending the foregoing, 1779, id. p. 134 [p. 616] ; Act reviving and amending act first mentioned, 1779, id. p. 148 [p. 622] ; Act reviving and further amending the several laws relative to impressing teams, forage, timber, etc., 1780, id. p. 208 [p. 633] ; Act authorizing the person administering the government of this state to grant warrants of impress, 1780, id. p. 264 [p. 642] ; Act to procure supplies for the use of the army, and to prevent a. monopoly of cattle within this state and more effectually to prevent supplies of cattle to the enemy, 1780, id. p. 266 [p. 652] ; Act reviving and amending laws relative to impresses of teams, etc., 1780, id. p. 304 [p. 664]. North Carolina: See Act amending an act to establish a militia in this state, 24 Clark's Laws of North Carolina, 1777, c. 15, pp. 113, 116 [p. 678] ; Act to prevent the impressment of boats, wagons, carts and other carriages employed in carrying salt, and for other purposes therein mentioned, 24 Clark's Laws of North Carolina, 1780, c. 5, p. 351 [p. 687] ; Act to amend an act entitled " an Act to prevent the im- pressment of boats, wagons, carts, and other carriages employed in carry- ing salt, and for other purposes therein mentioned,'' 24 Clark's Laws of North Carolina, 1781, c. 11, p. 383 [p. 693] ; Act to enable the governor, with the advice of the Council of the State, to procure tobacco for the purpose of obtaining arms and for other purposes, id. 1781, c. 13, p. 407 [p. 695]. Pennsylvania: See Act for the regulation of wagons, carriages, and pack horses, teams, furniture and equipment therefor, 1777, IX Stats, at L. 181 [p. 712] ; Act supplemental to the last named statute, 1777, id. p. 218 [p. 727] ; Act supplemental to the two foregoing, and providing punishment for impressment of wagons, 1778, id. p. 287 [p. 737] ; Act continuing the first two of the foregoing acts, 1778, id. p. 302 [p. 743] ; Act amendatory of the foregoing with provisions restricting impressment, 1779, id. p. 384 [p. 752] ; Act for procuring 10 CURRENT EMEBGENCy LEGISLATION. called by the council or be provided by the rules and regulations adopted by the council for the conduct of its work. Subjects for That it shall be the duty of the Council of National Investigation, . . ,,.... etc. Defense to supervise and direct investigations and make recommendations to [650] the President and the heads of executive departments as to the location of railroads Frontier ran- with reference to the frontier of the United States so as roads. to render possible expeditious concentration of troops ^^Highways.and Supplies to points of defense; the coordination of military, industrial, and commercial purposes in the loca- tion of extensive highways and branch lines of railifoad ; so^rce"!^'"^ '^^" ^'^^ utilization of waterways; the mobilization of mili- do^mestic^^^pr°o-*-^''y ^^^ naval resources for defense; the increase of auction. domestic production of articles and materials essential to the support of armies and of the people during the inter- tp\n\^°r "abruption of foreign commerce; the development of seago- ^'s'ources ofi'^^ transportation; data as to amounts, location, method piiesfetc. ^"^^'^^ means of production, and availability of military supplies; the giving of information to producers and a supply of provisions and other necessaries for the nse of the Army, 1780, X Stats, at L. 176 [p. 787] ; Act to malse more effectual pro- vision for the defense of this State, 1781, id. p. 361 [p. 814]. Rhode Island: See Act for impressing horses, wagons, carts, and cattle. Laws of Ehode Island, January, 1776, p. 237 [p. 819] ; Act for pro- viding the army with horses, teams, etc., id. December, 1778, p. 16 [p. 857] ; Act repealing the last foregoing act, id. January, 1779, p. 5 [p. 859] ; Act to provide teams for the French Army, id. May, 1781, p. 31 [p. 868]. Virginia: See Order for raising and embodying a sufficient force for the defense and protection of this colony, IX Henlng's Stats, at L. pp. 9, 24—25 [p. 915] ; Act providing against invasions and insurrections, 1777, id. p. 291, 293 [p. 936]; Act to embody militia for the relief of South Carolina, and for other purposes, 1780, X Henlng's Stats, at L.. 221, 224 [p. 962] ; Act for procuring a supply of provisions and other necessaries for the use of the army, 1780, id. p. 233 [p. 963] ; Act for recruiting this state's quota of troops to serve in the Continental Army, 1780, id. p. 326. 335 [p. 969] ; Act for supplying the Army with clothes, provisions, and wagons, 1780, id. p. 338 [p. 969] ; See remedial act to last-named, 1781, Id. p. 393 [p. 979] ; • Act for giving certain powers to the governor and council, etc., 1781, 10 Henlng's Stats. 413, 414, 416 [p. 982] ; Act for adjusting claims for property impressed or taken for public service, 1781, 10 Henlng's Stats, at L. 468 [p. 986] ; Act for supplying the southern army with wagons and horses, 1781, id. p. 482 [p. 987]. Federal Statutes — Civil War. See Act to authorize the President of the United States in certain cases to talte possession of railroad and telegraph lines, and for other purposes, January 31, 1862, 12 Stats. 334 [p. 1055] ; Resolution to declare the meaning of " an Act to authorize the President of the United States in certain cases to take possession of railroad and telegraph lines, and for other purposes," approved January 31, 1862, and to repeal a part of said Act, July 14, 1862, 12 Stats. 625 [p. 1065]. • Somewhat on the principle of a compulsory order. COUNCIL OF NATIONAL DEFENSE ACT, 11 manufacturers as to the class of supplies needed by the military and other services of the Government, the re- quirements relating thereto, and the creation of relations which will render possible in time of need the immediate concentration and utilization of the resources of the Nation. That the Council of National Defense shall adopt rules . Conduct o t . . 1 1 • 1 1 Investigations. and regulations for the conduct of its work, which rules and regulations shall be subject to the approval of the President, and shall provide for the work of the advisory commission to the end that the special knowledge of such commission may be developed by suitable investigation, research, and inquiry and made available in conference and report for the use of the council; and the council may ^ Subordinate . IT 1 T <. • • • • 1 bodies for spe- organize subordinate bodies for its assistance in special ciai work, etc. investigations, either by the employment of experts or by the creation of committees of specially qualified per- sons to serve without compensation, but to direct the in- vestigations of experts so employed. That the sum of $200,000, or so much thereof as may tion^''tor^''ex.' be necessary, is hereby appropriated, out of any money pe^r^' "«,"*» i in the Treasury not otherwise appropriated, to be imme- diately available for experimental work and investiga- tions undertaken by the council, by the advisory com- mission, or subordinate bodies, for the employment of a director, expert and clerical expenses and supplies, and for the necessary expenses of members of the advisory commission or subordinate bodies going to and attending ^^ reports, rt'c" meetings of the commission or subordinate bodies. Re- ports shall be submitted by all subordinate bodies and by the advisory commission to the council, and from time to time the council shall report to the President or to the heads of executive departments upon special inquiries or subjects appropriate thereto, and an annual report to the Congress shall be submitted through the President, including as full a statement of the activities of the coun- cil and the agencies subordinate to it as is consistent with Detail of «- . . , . . . penses. the public interest, including an itemized account of the expenditures made by the council or authorized by it, in as full detail as the public interest will permit : Pro- Proviso. ^ ^ Amounts vided, however, That when- deemed proper the President without items. may authorize, in amounts stipulated by him, unvouch- ered expenditures and report the gross sums so authorized not itemized. 12 CUEEENT EMEEGENCY LEGISLATION. " SHIPPING BOABD ACT." ^^Ploief ''' [728] Chap. 451.— An Act To establish a United States Shipping [H.R. 15455.] Board for the purpose of encouraging, developing, and creating [Public, No. a naval auxiliary and naval reserve and a merchant marine to meet the requirements of the commerce of the United States with its Territories and possessions and with foreign countries ; to regulate carriers by virater engaged in the foreign and inter- state commerce of the United States; and for other purposes. [Approved, September 7, 1916. 39 Stats. 728.] Shipping Act, ^^ ^t eTvocted hy the Senate and House of Representa- ^^^^- tives of the United States of America in Congress as- sembled, ^ :{: 4: H: H: Citizenship [729] Sec. 2. That within the meaning of this Act no requirement, corporation, partnership, or association shall be deemed a citizen of the United States unless the controlling in- terest therein is owned by citizens of the United States, and, in the case of a corporation, unless its president and managing directors are citizens of the United States and the corporation itself is organized under the laws of the United States or of a State, Territory, District, or pos- session thereof. Receivers and The provisions of this Act shall apply to receivers and trustees. trustees of all persons to whom the Act applies, and to the successors or assignees of such persons. In time of [730] SeC. 9. * * * etc. restricted [731] When the United States is at war, or during any national emergency the existence of which is de- clared by proclamation of the President, no vessel regis- tered or enrolled and licensed under the laws of the United States shall, without the approval of the board, be sold, leased, or chartered to any person not a citi- zen of the United States, or transferred to a foreign Vessels for registry or flag. No vessel registered or enrolled and sale to be of- . iii c fered to Board licensed Under the laws of the United States, or owned before to a for- ... , ^^ eigner. by any person a citizen of the United States, except one which the board is prohibited from purchasing, shall be sold to any person not a citizen of the United States or transferred to a foreign registry or flag unless such vessel is first tendered to the board at the price in good faith offered by others, or, if no such offer, at a fair price to be determined in the manner provided in section ten. Tifiltion."""^^"" -^^^ vessel sold, chartered, leased, transferred, or oper- ated in violation of this section shall be forfeited to the KAVAL EMEEGEN'CY FTJUTD ACT. 13 United States, and whoever violates any provision of this section shall be guilty of a misdemeanor and subject to a fine of not more than $5,000 or to imprisonment of Punishment not more than five years, or both such fine and imprison- "^"^^ " ment. Sec. 10. That the President, upon giving to the person Possession by interested such reasonable notice in writing as in his judg- for military or ment the circumstances permit, may take possession, abso- lutely or temporarily, for any naval or military purpose, of any vessel purchased, leased, or chartered from the board : Provided. That if, in the judgment of the Presi- Proviso. , , ' . ' . .•" ° . Without no- dent, an emergency exists requiring such action he may "^e. take possession of any such vessel without notice.^ Thereafter, upon ascertainment by agreement or other- Payment to wise, the United States shall pay the person interested the fair actual value based upon normal conditions at the time of taking of the interest of such person in every vessel taken absolutely, or if taken for a limited period, the fair charter value under normal conditions for such period. In case of disagreement as to such fair value it shall be determined by appraisers, one to be appointed Ascertain- by the board, one by the person interested, and a third by the two so appointed. The finding of such appraisers shall be final and binding upon both parties. " NAVAL EMERGENCY FUND ACT." [1168] Chap. 180. — An Act Making appropriations for the naval March 4, 1917. service for the fiscal year ending June thirtieth, nineteen hun- ^ '^- 20632.] dred and eighteen, and for other purposes. [Approved March '^"^gi'i ^**' 4, 1917. 39 Stats. 1168;] Be it enacted hy the Senate and House of Representa- Navai service tives of the United States of America in Congress assem- iled, * if * * It ril69] Aviation : For aviation, to be expended under Aviation. . . p ^ General e x - the direction of the Secretary of the Navy for procuring, penses. producing, constructing, operating, preserving, storing, and handling aircraft, including rigid dirigibles, and appurtenances, maintenances of air craft stations and experimental work* in development of aviation for naval purposes, $5,133,000: Provided, That the sum to be paid T^cfni out of this appropriation under the direction of the Sec- «*"=•• services. retary of the Navy for drafting, clerical, inspection, and 1 For analogous statutes [covering principle of requisition], see annota- tions under Sec, 10, Food Control Act, p. 57, infra. 14 CUBKEITT EMBBGENOY LEGISLATION. messenger service for aircraft stations shall not exceed $75,000. sic aircraft pat- To enable the Secretary of War and the Secretary of the Navy to secure by purchase, condemnation, donation, or otherwise, such basic patent or patents as they may consider necessary to the manufacture and development of aircraft in the United States and its dependencies, for governmental and civil purposes, under such regulations as the Secretary of War and the Seeretary of the Navy may prescribe, $1,000,000. ji^rangements Provided, That such arrangements may be made in authorized. relation to the purchase of any basic patent connected with the manufacture and development of aircraft in the United States as in the judgment of the [1170] Sec- retary of War and the Secretary of the Navy will be of the greatest advantage to the Government and to the development of the industry. bond foi^vaiia^- Provided further, That in the event there shall be ity o P^'^^ts-pgiKjjng in court litigation involving the validity of said patent or patents, bond, with good and approved security in an amount sufficient to indemnify the United States, shall be required, payable to the United States, condi- tioned to repay to the United States the amount paid for said patent or patents in the event said patent or patents are finally adjudged invalid. Naval emer- NAVAL EMERGENCY FUND."^ gency fund. ii^iS'e'd f I "e"!^! [1192] To enable the President to secure the more specified^ ^^' economical and expeditious delivery of materials, equip- jects. ment, and munitions and secure the more expeditious construction of ships authorized and for the purchase or construction of such additional torpedo boat destroyers, submarine chasers and such other naval small craft, in- cluding aircraft, guns and ammunition for all of said vessels and aircraft and for each and every purpose con- nected therewith, as the President may direct, to be expended at the direction and in the discretion of the President, $115,000,000, or so much thereof as may be necessary, and to be immediately available. iFor analogous statutes [covering principle of compulsory order] see annotations under Sec. 120, National Defense Act, p. 2, supra, and [covering principle of requisition] annotations under Sec 10, Food Con- trol Act, p. 57, infr4. naVal emergency fund act. 15 In addition to the eighteen submarines hereinbefore gubmartae" ° to appropriated for, the Secretary of the Navy is hereby \ " buu"^^'"'*" authorized and directed to proceed at once to cause to be constructed twenty coast submarines to have a surface displacement of about eight hundred tons each at a cost not to exceed $1,300,000 each, exclusive of armor and armament, on the most approved lines according to plans and specifications to be provided or adopted by the Sec- retary of the Navy. The same may be let by contract tOgtep""*""""*^- private builders or constructed by the Government in navy yards, or both, as may be directed by the Secretary of the Navy. Said twenty submarines shall be constructed Pacific coast ■; •' construction. on the Pacific coast : Provided, That the cost of construe- Proviso. i-i-^-r- 1 1 y !• Cost condi- tion on the Pacific coast does not exceed the cost of con- tion. struction on the Atlantic coast plus the cost of trans- portation from the Atlantic to the Pacific. Eighteen Appropriation. million dollars is hereby appropriated toward the con- struction of said submarines. (a) That the word "person" as used in paragraphs Emergency ix/N . /.in -IT ■ T -1 1 ship construc- (b), (c), next hereafter shall include any individual, tion. trustee, firm, association, company, or corporation. The terms^usel. word " ship " shall include any boat, vessel, submarine, or any form of aircraft, and the parts thereof. The words " war material " shall include arms, armament, ammunition, stores, supplies, and" equipment for ships and airplanes, and everything required for or in con- nection with the production thereof. The word " fac- tory " shall include any factory, workshop, engine works, building used for manufacture, assembling, construction, or [1193] any process, and any shipyard or dockyard. The words "United States" shall include the Canal Zone and all territory and waters, continental and insu- lar, subject to the jurisdiction of the United States. (b) That in time of war, or of national emergency, ^^Adduio^nM arising prior to March first, nineteen hundred and eight- ed^in ^^^^^^°^ een, to be determined by the President by proclamation, i. i^is. the President is hereby authorized and empowered, in addition to all other existing provisions of law : First. Within the limits of the amounts appropriated May order « , , . ships or war therefor, to place an order with anv person tor such ships material from ' ■ • i 1 /^ ^"y person. or war material as the necessities of the Grovernment, to be determined by the President, may require and which are of the nature, kind, and quantity usually produced or capable of being produced by such person. Compliance obugftSiyf "t" y^ith all such orders shall be obligatory on any person tO 16 CUEEENT EMEEGENOY LEGISLATION. whom such order is given, and such order shall take precedence over all other orders and contracts theretofore fartwr^et?" « placed with such person. If any person owning, leasing, etc^' '^'^'"^^''' or operating any factory equipped for the building or production of ships or war material for the Navy shall refuse or fail to give to the United States such prefer- ence in the execution of such an order, or shall refuse to build, supply, furnish, or manufacture the kind, quan- tity, or quality of ships or war material so ordered at such reasonable price as shall be determined by the President, the President may take immediate possession of any factory of such person, or of any part thereof without taking possession of the entire factory, and may use the same at such times and in such manner as he may consider necessary or expedient. Cancel, etc., Second. Within the limit of the amounts appropriated tracts, t a k e therefor, to modify or cancel any existing contract for possession of ' ^ ,. ■, p , ■ factory, etc. the building, production, or purchase oi ships or war material; and if any contractor shall refuse or fail to comply with the contract as so modified the President may take immediate possession of any factory of such contractor, or any part thereof without taking posses- sion of the entire factory, and may use the same at such times and in such manner as he may consider necessary or expedient. Require whole Third. To require the owner or occupier of any f ac- factory, etc. tory in which ships or war material are built or pro- duced to place at the disposal of the United States the whole or any part of the output of such factory, and, within the limit of the amounts appropriated therefor, to deliver such output or parts thereof in such quantities and at such times as may be specified in the order at such reasonable price as shall be determined by the President. Take over Fourth. To requisition and take over for use or opera- G^ovtrnment tion by the Government any factory, or any part thereof "'"'■ without taking possession of the entire factory, whether the United States has or has not any contract or agree- ment with the owner or occupier of such factory. Authority to That all authority granted to the President in this cease March 1, i. j. i • i • . • j! .■ , 1918. paragraph, to be exercised in time of national emergency, shall cease on March first, nineteen hundred and eighteen.^ » See Executive Order No. 2687, August 21, 1917 [p. 176]. NAVAL EMEBGENCY FUND ACT. 17 (d) That whenever the United States shall cancel or j compengation modify any contract, make use of, assume, occupy, requi- contracts, etc. sition, or take over any factory or part thereof, or any ships or war material, in accordance with the provisions of paragraph (b), it shall make just compensation there- for, to be determined by the President, and if the amount part payment thereof so determined by the President is unsatisfactory tory^Tud'^uit to the person entitled to receive the same, such person °'^'®'°*'" ^'^• shall be paid fifty per centum of the amounts so deter- mined by the President and shall be entitled to sue the United States to recover such further sum as added to said fifty per centum shall make up such amount as will be just compensation therefor, in the manner provided for by section twenty-four, paragraph twenty, and sec- voi. 36, pp. tion one hundred and forty-five of the Judicial Code. [1194] The Secretary of the Navy shall build any of buiSf^lt^ navy the vessels herein appropriated for in such navy yards glJ^^oj^^jn^^*' as he may designate should it reasonably appear that the persons, firms, or corporations, or the agents thereof, bidding for the construction of any of said vessels have entered into any combination, agreement, or understand- ing, the effect, object, or purpose of which is to deprive the Government of fair, open, and unrestricted competi- tion in letting contracts for the construction of any of said vessels: Provided, That the Secretary of the Navy rfesignation is hereby authorized to build any of the vessels herein "* °*^y y*"''!^- authorized in such navy yards as he may designate. In the event the Secretary of the Navy is unable to j,g^^uipm|nt^ot secure from the private shipbuilders contracts for the c"°|tj'^<="°°^i* expeditious construction of the ships heretofore author- ^[f^ts^^ not ob- ized at a fair and reasonable price, the sum of $12,000,000, or so much thereof as may be necessary, is hereby appro- priated to enable the Secretary of the Navy to equip the navy yards with suitable and necessary machinery, im- plements, building ways, and equipment for the construc- tion of such of said vessels as may be assigned to navy yards for construction. If, in the judgment of the Secretary of the Navy, the^^contrart^ tor most rapid and economical construction of the battle^* '="^' pi"^ ^ reasonable cruiser herein appropriated for can be obtained thereby, P'oflt- he may contract for the construction of said battle cruiser upon the basis of actual cost, plus a reasonable profit to be determined by him. 37639°— 18 2 18 CUBKENT EMEEGENCY LEGISLATION. " WAR BESOLUTIOJSr." April 6, 1917. [1] Chap. 1. — Joint Resolution Declaring that a state of war ex- i-J — : — — — ll ists between the Imperial German Government and the Govern- '^^o.' iT ment and the people of the United States and making provision to prosecute the same. [Approved, April 6, 1917. 40 Stats. 1.] Preamble. Whereas the Imperial German Government has com- mitted repeated acts of war against the Government and the people of the United States of America: Therefore be it War with Resolved iy the Senate and House of Representatives Germany. i r Declaration o/ the United States of America in Congress ossemMed, Prociama-That the state of war between the United States and the tions. p. 6, Imperial German Government which has thus been thrust upon the United States is hereby formally declared ; and that the President be, and he is hereby, authorized and tiiOTiled*to*u"e^^^^'^^®^ ^ employ the entire naval and military forces f/f^i^** ^3,J.' of the United States and the resources of the Government etc., to prose- «"*6. to carry on war against the Imperial German Govern- ment; and to bring the conflict to a successful termina- tion all of the resources of the country are hereby pledged by the Congress of the United States. " GERMAN BOAT RESOLUTION." May 12, 1917. [75] Chap. 13.— Joint Resolution Authorizing the President to take [S. J. Res.42.] p^gj. j^j, ^jjg United States the possession and title of any ves- ' No'"2^f'' ®^^ within Its jurisdiction, which at the time of coming therein was owned in whole or in part by any corporation, citizen, or subject of any nation with which the United States may be at war, or was under register of any such nation, and for other purposes. [Approved May 12, 1917. 40 Stat. 75.] Vessels of Resolved hy the Senate and House of Representatives alien enemies. , ■, t- • i n > a • • ^ Immediate^/ the Umted States of America in Congress assembled, possession to ' ,,t»., , i,.,, be taken of, in That the President be, and he is hereby, authorized to United States i tt • t o i • ■ jurisdiction, take over to the United States the immediate possession and title of any vessel within the jurisdiction thereof,^ including the Canal Zone and all territories and insular Exception, possessions of the United States except the American Virgin Islands, which at the time of coming into such judisdiction was owned in whole or in part by any cor- poration, citizen, or subject of any nation with which the United States may be at war when such vessel shall 1 See Executive Orders, No. 2619-A, May 14, 1917 [p. 169] ; No. 2624, May 22, 1917 [p. 169] ; No. 2635, June 12, 1917 [p. 170] ; No. 2651, June 30, 1917 Ip. 171] ; No. 2653, July 3, 1917 [p. 172] ; No. 2709, Sept. 27, X917 [p. 179] ; No. 2748, November 2, 1917 [p. 189]. CAB SEEVICE ACT. 19 be taken, or was flying the flag of or was under register of any such nation or any political subdivision or munici- pality thereof ; and, through the United States Shipping Board, or any department or agency of the Government, to operate, lease, charter, and equip such vessel in any operation for service of the United States, or in any commerce, foreign serWceyS™.^"* or coastwise.^ Sec. 2. That the Secretary of the Navy be, and he is o??*«,™'"^"°" hereby, authorized and directed to appoint, subject to the approval of the President, a board of survey, whose duty it shall be to ascertain the actual value of the vessel, its equipment, appurtenances, and all property contained therein, at the time of its taking, and to make a written report of their findings to the Secretary of the Navy, who shall preserve such report with the records of his depart- ment. These findings shall be considered as competent evidence in all proceedings on any claim for compensa- compensation, tion. " CAR SEBVICE ACT." Chap. 23.— An Act To amend an Act entitled "An Act to regulate Yn^i%28^^' commerce," as amended, In respect of car service, and for other — ,„ ,.. — -; [Public, No. purposes. [Approved, May 29, 1917. 40 Stats. 101.] 19.] [101] Be it enacted ly the Se-nate and House of ^ep-commlrel*reg^ reseniatives of the United States of America in Congress "' voj°^-36 assembled, That section one of the Act entitled "An Act 5*5- amended, to regulate commerce," approved February twenty- fourth, eighteen hundred and eighty-seven, as heretofore amended, is further amended by adding thereto the following : The term "car service" as used in this Act shall in- TeVm con- clude the movement, distribution, exchange, interchange, ^ ™* ' and return of cars used in the transportation of property by any carrier subject to the provisions of this Act. It shall be the duty of every such carrier to establish, sonabie*?u let observe, and enforce just and reasonable rules, regula- tor."" "'*" ^^ tions, and practices with respect to car service, and every unjust and unreasonable rule, regulation, and practice with respect to car service is prohibited and declared to be unlawful. The Interstate Commerce Commission is hereby au- ^^^'^°8 .^' J^ thorized by general or special orders to require all car- See Executive Orders, No. 2621, May 16, 1917 [p. 168]; No. 2625, May 22, 1917 [p. 170]. 20 CURRENT EMEBGENCT LEGISLATION. riers subject to the provisions of the Act, or any of them, to file with it from time to time their rules and regula- p o'r'a^t'e d"'? n tions with respect to car service, and the commission may, schedules. ^^ {^g discretion, direct that the said rules and regulations shall be incorporated in their schedules showing rates, fares, and charges for transportation and be subject to any or all of the provisions of the Act relating thereto. May be es- The commission shall, after hearing, on a complaint or Commission. ^ upon its own initiative without complaint, establish rea- sonable rules, regulations, and practices with respect to car service, including the classification of cars, compen- sation to be paid for the use of any car not owned by any such common carrier and the penalties or other sanc- tions for nonobservance of such rules. Suspension, Whenever the commission shall be of opinion that mfssio/author- necessity exists for immediate action with respect to the supply or use of cars for transportation of property, the commission shall have, and it is hereby given, authority, either upon complaint or upon its own initiative with- out complaint, at once, if it so orders, without answer or other formal pleading by the interested carrier or car- riers, and with or without notice, hearing, or the making, or filing of a report, according as the commission may determine, to suspend the operation of any or all rules, regulations, or practices then established with respect to Directions car Service for such time as may be determined by the orse ce. commission, and also authority to make such just and reasonable directions with respect to car service during such time as in its opinion will best promote car service in the interest of the public and the commerce of the people. Execution of The directions of the commission as to car service directions. . i i i n i , may be made through and by such agents or agencies as the commission shall designate and appoint for that purpose. Penalty for In case of failure or refusal on the part of any car- noncompUan c e . . j i , i • , ,. . with orders, rier, receiver, or trustee to comply with any direction or order with respect to car service, such carrier, re- ceiver, or trustee shall be liable to a penalty [102] of not less than $100 nor more than $500 for each such offense and $50 for each and every day of the continu- ance of such offense, which shall accrue to the United States and may be recovered in a civil action brought by the United States. CtlEEEKTT EMERGENCY LEGISLATION. 21 "EMEBGENCT SHIPPING FUND ACT." [182] Chap. 29. — ^An Act Making appropriations to supply urgent June 15. 1917. deficiencies in appropriations for tlie Military and Naval Estab- CH- R- 3971.] lishments on account of war expenses for the fiscal year ending [Public, No. June thirtieth, nineteen hundred and seventeen, and for other purposes. [Approved, June 15, 1917. 40 Stats. 182.] Be it enacted hy the Senate and House of Representa- g^^^^^^'^^^l^^ tives of the United States of America in Congress assem- pemes^et/ *^' hied, That the following sums are appropriated, out of ^''«*' p. '345. any money in the Treasury not otherwise appropriated, to supply urgent deficiencies in appropriations for the Military and Naval Establishments on account of war expenses for the fiscal year ending June thirtieth, nine- teen hundred and seventeen, and for other purposes, namely : COUNCIL OF NATIONAL DEFENSE. Council ot National D e - fense. For expenses of experimental work and investigations ^^If^ete^ ^a- undertaken by the Council of National Defense, employ- ^®^ ^ j 39 Qient of experts, and at rates of compensation authorized ®*cierks etc by section one hundred and sixty-seven of the Revised ^gi^- ^27^* "' Statutes of the United States of clerical and other assist- ance, supplies, including books of reference and periodi- cals, and for necessary expenses of members of the council, of the advisory commission, or subordinate bodies going to and attending meetings of the commission or subordi- nate bodies, $500,000 : Provided, That of the appropria- Proviapa. tions herein and heretofore made for the Council of trict of Colum- bia National Defense there may be expended for rental of quarters in the District of Columbia not to exceed $25,000 in the aggregate for the fiscal year nineteen hundred and seventeen and not to exceed $50,000 for the fiscal year nineteen hundred and eighteen: Provided further. That Powers, etc., in the expenditure of said moneys the existence of a state voi. 39, p. of war shall not be construed as enlarging the powers or duties of the Council of National Defense, but that such Ante.p.io. powers and duties shall remain as prescribed by the Act creating said council, approved August twenty-ninth, nineteen hundred and sixteen. 22 OUEEENT EMEBGElirCY LEGISLATION. S^ppiDeFnnl EMERGENCY SHIPPING FUND.* ferredTn "^the '^^^ President is hereby authorized and empowered, President. within the limits of the amounts herein authorized — ships' etc^ ^iol (^) '^^ place an order with any person for such ships Government or material as the necessities of the Government, to be determined by the President, may require during the period of the war and which are of the nature, kind and quantity usually produced or capable of being pro- duced by such person. Modify, etc.^, (b) To modify, suspend, cancel, or requisition any therefor. existing or future contract for the building, production, or purchase of ships or material. Take t h^e (c) To require the owner or occupier of any plant in shipbuilding which ships or materials are built or produced to place at the disposal of the United States the whole or any part of the output of such plant, to deliver such output or part thereof in such quantities and at such times as may be specified in the order. piwits^^'^'°° °' (^) To requisition and take over for use or operation by the United States any plant, or any part thereof without taking possession of the entire plant, whether the United States has or has not any contract or agree- ment with the owner or occupier of such plant, under'constru^- i^) To purchase, requisition, or take over the title tion, etc. ^Q^ Qj, jjjg possession of, for use or operation by the United States any ship now constructed or in the process of construction or hereafter constructed, or any part thereof, or charter of such ship, compulsory^"'* Compliance with all orders issued hereunder shall be obligatory on any person to whom such order is given, and such order shall take precedence over all other orders and contracts placed with such per[183]son. If any per- son owning any ship, charter, or material, or owning, leasing, or operating any plant equipped for the build- Possession of ing or production of ships or material shall refuse or etc., on refusal fail to Comply therewith or to give to the United States of owner. ^ *' . » such preference m the execution of such order, or shall refuse to build, supply, furnish, or manufacture the kind, quantities or qualities of the ships or material so ordered, at such reasonable price as shall be determined by the '■ For analogous statutes [covering principle of compulsory order] see annotations under Sec. 120, National Defense Act, p. 2, supra, and [cover- ing principle of requisition] annotations under Sec. 10, Food Control Act, p. 57, Infra. EMEEGENCY SHIPPING FUND ACT. 23 President, the President may take immediate possession of any ship, charter, material or plant of such person, or any part thereof without taking possession of the en- tire plant, and may use the same at such times and in such manner as he may consider necessary or expedient. Whenever the United States shall cancel, modify, sus- compensation pend or requisition any contract, make use of, assume, mined ^by*t he ... ' ' ' President occupy, requisition, acquire or take over any plant or part thereof, or any ship, charter, or material, in accord- ance with the provisions hereof, it shall make just com- pensation therefor, to be determined by the President; and if the amount thereof, so determined by the Presi- Suit, etc., u dent, is unsatisfactory to the person entitled to receive isfaetory.""^* " the same, such person shall be paid seventy-five per '^^ ""* centum of the amount so determined by the President and shall be entitled to sue the United States to recover such further sum as, added to said seventy-five per centum, will make up such amount as will be just com- pensation therefor, in the manner provided for by sec voi. se, pp. tion twenty-four, paragraph twenty, and section one huu-^°"'' ^^^"" dred and forty -five of the Judicial Code. The President may exercise the power and authority Execution of hereby vested in him, and expend the money herein and •""'®™' *^- hereafter appropriated through such agency or agencies as he shall determine from time to time :' Provided, That Proviso. ' Expenses of all money turned over to the United States Shipping |,™e rg en^c y Board Emergency Fleet Corporation may be expended «<>•». as other moneys of said corporation are now expended. All ships constructed, purchased, or requisitioned under authority herein, or heretofore or hereafter acquired by the United States, shall be managed, operated, and dis- posed of as the President may direct. The word "person" as used herein, shall include any Terms con. . i-.Ti. p • ■ strued. individual, trustee, farm, association, company, corpora- "Person." tion, or contractor. The word " ship " shall include any boat, vessel, or " Ship." submarine and the parts thereof. The word " material " shall include stores, supplies, and equipment for ships, and everything required for or in connection with the production thereof. The word "plant" shall include any factory, work- shop, warehouse, engine works ; buildings used for manu- » See Executive Order No. 2604, July 11, 1917 [p. 173] ; 26S7, August 21, 1917 [p. 176]. Material.' 'Plant" 24 CURRENT EMERGENCY LEGISLATION. facture, assembling, construction, or any process; any shipyard or dockyard and discharging terminal or other facilities connected therewith. "United The words "United States" shall include all lands and waters subject to the jurisdiction of the United States of America. ofrutSJSty!"" -^U authority granted to the President herein, or by him delegated, shall cease six months after a final treaty of peace is proclaimed between this Government and the German Empire, of^ex" n^df- '^^® *^°®*' °^ purchasing, requisitioning, or otherwise *"p^«t 345 acquiring plants, material, charters, or ships now con- structed or in the course of construction and the expedit- ing of construction of ships thus under construction shall not exceed the sum of $250,000,000, exclusive of the cost of ships turned over to the Army and Navy, the expendi- ture of which is hereby authorized, and in executing the authority granted by this Act for such purpose the Presi- dent shall not expend or obligate the United States to A ppropria- expend more than the said sum; and there is hereby Proviso. appropriated for said purpose, $150,000,000: Provided, ments from That this appropriation shall be reimbursed from avail- Navy funds, able funds under the War and Navy Departments for vessels turned over for the exclusive use of those depart- ments or either of them. Cost of ship [184] The cost of construction of ships authorized resfrfcteT"'"' herein shall not exceed the sum of $500,000,000, the ex- penditure of which is hereby authorized, and in execut- ing the authority granted herein for such purpose the Ap propria- President shall not expend or obligate the United States to expend more than said sum; and there is hereby ap- propriated for said purpose, $250,000,000. Operation of For the operation of the ships herein authorized or in any way acquired by the United States, except those acquired for the Army or Navy, and for every expendi- ture incident thereto, $5,000,000. Naval base, [207] Naval Operating base, Hampton Roads, Vir- Roads. va. ginia: The President is hereby authorized and em- immediate powered to take over for the United States the immediate thorized of possession and title, including all easements, rights of position siteway, riparian and other rights appurtenant thereto, and including all the rights and properties of railway, electric EMERGENCY SHIPPING FUND ACT. 25 light, power, telephone, telegraph, water, and sewer com- panies, of the tract of land known as the Jamestown Exposition site, on Hampton Roads, Virginia, and of such lands adjacent thereto as lie north of Ninety -ninth Street and Algonquin Street, the entire property being bounded on the north and west by Hampton Roads and Willoughby Bay, on the east by Boush Creek, and on Prociama- the south by Ninety-ninth and Algonquin Streets. °"* ^' [208] That if said lands and appurtenances and im- tion. provements thereof shall be taken over as aforesaid, the United States shall make just compensation therefor, to be determined by the President, and if the amount thereof. Suit to aeter- so determined by the President, is unsatisfactory to the unsatisfactory, person entitled to receive the same such person shall be paid seventy-five per centum of the amount so determined by the President and shall be entitled to sue the United States to recover such further sum, as added to said seventy-five per centum will make up such amount as will be just compensation therefor, in the manner pro- vided for by section twenty-four, paragraph twenty, and Procedure, section one hundred and forty-five of the Judicial Code. ^093, iiae. Upon the taking over of said property by the Presi- ^itie to Test dent as aforesaid, the title to all property so taken over shall immediately vest in the United States. For the payment of compensation for said property so Amount for X .' X J. i, ./ property. taken over, $1,200,000, or so much thereof as may be necessary; and toward the equipment of the same as a Equipment, naval operating base, including piers, store houses, oil- fuel storage, training station and recreation grounds for the fleet and other purposes, $1,600,000, in all, $2,800,000 : Provided, That the appropriation herein shall be avail- |lj°"^^^- able only for the acquisition of the entire property Quirea. bounded on the north and west by Hampton Roads and Willoughby Bay, on the east by Boush Creek, and on the south by Ninety-ninth and Algonquin Streets, to- gether with all easements, rights of way, riparian and other rights appurtenant thereto, and all the rights and properties of railway, electric light, power, telephone, telegraph, cable, water, and sewer companies: Provided further, That the Secretary of the Navy is authorized to expend public money in the development of said tract of land without reference to the requirements of section three hundred and fifty-five of the Revised Statutes.^ > See Presidential ProclamatlDn, No. 1379, June 28, 1917 tp. 127], 26 CURBENT EMERGENCY LEGISL*TION. " ESPIONAGE ACT." JunelS^ip'''. [217] Chap. 30,— An Act To punish acts of interference witli ^ — '- — the foreign relations, the neutrality, and the foreign commerce 24?] ot the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes. [Approved, June 15, 1917. 40 Stats. 217.] National de- Be it enacted by the Senate and House of Representa- fense, espion- , , ' , age, neutrality, tives of the United States of America in Congress etc, I *^ assembled: . ^ * ^ * * [220] Title II. United' ^states VESSELS IN POETS OF THE UNITED STATES, ports, etc, . , Control, etc., SECTION 1. Whenever the President by proclamation over, in time of . war, by seere- or Executive order declares a national emergency to exist tary of the . * •' . Treasury. by reason of actual or threatened war, insurrection, or invasion, or disturbance or threatened disturbance of the international relations of the United States, the Secretary of the Treasury may make, subject to the approval of the President, rules and regulations govern- ing the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United preven1finjury° States, may inspect such vessel at any time, place guards '^ thereon, and, if necessary in his opinion in order to secure such vessels from damage or injury, or to pre- vent damage or injury to any harbor or waters of the United States, or to secure the observance of the rights and obligations of the United States, may take, by and with the consent of the President, for such purposes, er^'etc."' *** ^ ^^^ possessiou and control of such vessel and remove therefrom the officers and crew thereof and all other persons not specially authorized by him to go or remain on board thereof.^ Canal* z'in? Within the territory and waters of the Canal Zone waters. jj^g Governor of the Panama Canal, with the approval of the President, shall exercise all the powers conferred by this section on the Secretary of the Treasury, vesseuf'owne? Sec. 2. If any owner, agent, master, officer, or per- Ju^elf |tc.° "'^''^ son in charge, or any member of the crew of any such vessel fails to comply with any regulation or rule issued •See Presidential Proclamation No. 1413, December 3, 1917 [p. 150], Revolutionary War Statutes. Pennsylvania: See Act for regulating navigation and trade in this Btate, 1778, 9 Stats, at L. 288. ESPIONAGE ACT. 27 or order given by the Secretary of the Treasury or the Governor of the Panama Canal under the provisions of this title, or obstructs or interferes with the exercise of any power conferred by this title, the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seizure and forfeiture to the United States in the same manner as merchandise is forfeited for vio- lation of the customs revenue laws ; and the person guilty ig^^|2t "' ''""' of such failure, obstruction, or interferejice shall be fined not more than $10,000, or imprisoned not more than two years, or both. Sec. 3. It shall be unlawful for the owner or master injury, etc., ,, . , , J. .of vessel by or any other person m charge or command ot any pri- owner etc., vate vessel, foreign or domestic, or for any member of the crew or other person, within the territorial waters of the United States, willfully to cause or permit the de- struction or injury of such vessel or knowingly to permit uge^ for"'con.^- said vessel to be used as a place of resort for any person spiracy, etc. conspiring with another or preparing to commit any offense against the United States, or in violation of the treaties of the United States or of the obligations of the United States under the law of nations, or to defraud the United States, or knowingly to permit such vessels to be used in violation of the rights and obligations of the United States under the law of nations; and in case such vessel shall be so used, with the knowledge of the owner or master or othe- person in charge or command thereof, the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seizure and foffifture "of forfeiture to the United States in the same manner as ^*^^^^'' **''• merchandise is forfeited for violation of the customs rev- enue laws: and whoever violates this section shall be Personal pun- isbment. fined not more than $10,000 or imprisoned not more than two years, or both. Sec. 4. The President may employ such part of the by^?^""^'!^!^* land or naval forces of the United States as he may ^^"*- deem necessary to carry out the purpose of this title. •Is * "P T* ^ [223] Title VI. SEIZTJEE or ARMS AND OTHER ARTICLES INTENDED FOR arms,' "etc" fS? EXPORT. export. Section 1. Whenever an attempt is made to export or Authority tor, .,_-..-_. If unlawful ex- ship from or take out oi the United btates, any arms or portation at- . .. 1 1- 1 • • 1 ■ !■ 1 tempted. munitions of war, or other articles, in violation or law, 28 CURRENT EMERGENCY LEGISLATION. or whenever there shall be known or probable cause to believe that any such arms or munitions of war, or other articles, are being or are intended to be exported, or shipped from, or taken out of the United States, in vio- lation of law, the several collectors, naval officers, sur- offlcers au-veyors, inspectors of customs, and mar[224]shals, and seize. deputy marshals of the United States, and every other person duly authorized for the purpose by the President, may seize and detain any articles or munitions of war about to be exported or shipped from, or taken out of the United States, in violation of law, and the vessels or vehicles containing the same, and retain possession thereof until released or disposed of as hereinafter Forfeiture If directed. If upon due inquiry as hereinafter provided, proved. the property seized shall appear to have been about to be so unlawfully exported, shipped from, or taken out of the United States, the same shall be forfeited to the United States. Further de- Sec. 2. It shall be the duty of the person making any tention, etc. . ,,,•_,•,,, , -^f ■, tt Application to seizure under this title to apply, with due diligence, to rant for. the judge of the district court of the United States, or to the judge of the United States district court of the Canal Zone, or to the judge of a court of first instance in the Philippine Islands, having jurisdiction over the place within which the seizure is made, for a warrant to justify the further detention of the property so seized, Restoration, which Warrant shall be granted only on oath or affirma- if warrant re- , fused, etc. tion showmg that there is known or probable cause to believe that the property seized is being or is intended to be exported or shipped from or taken out of the United States in violation of law; and if the judge re- Detention on fuses to issue the warrant, or application therefor is not rant. made by the person making the seizure within a reason- able time, not exceeding ten days after the seizure, the property shall forthwith be restored to the owner or person from whom seized. If the judge is satisfied that Action of the the seizure was justified under the provisions of this President ^-^j^ ^^^ issues his Warrant accordingly, then the prop- erty shall be detained by the person seizing it until the President, who is hereby expressly authorized so to do, orders it to be restored to the owner or claimant, or until it is discharged in due course of law on petition of the claimant, or on trial of condemnation proceedings, as hereinafter provided. ESPIONAGE ACT. 29 Sec. 3. The owner or claimant of any property seized ^,^1^'^*}°°^.^"^^ under this title may, at any time before condemnation t""^**'""- proceedings have been instituted, as hereinafter pro- vided, file his petition for its restoration in the district court of the United States, or the district court of the Canal Zone, or the court of first instance in the Philip- pine Islands, having jurisdiction over the place in which the seizure was made, whereupon the court shall advance Expedited the cause for hearing and determination with all possible dispatch, and, after causing notice to be given to the United States attorney for the district and to the per- son making the seizure, shall proceed to hear and decide whether the property seized shall be restored to the pe- titioner or forfeited to the United States. Sec. 4. Whenever the person making any seizure under ce^lngV ¥1°t this title applies for and obtains a warrant for the deten- and''*s^i\'*°o" tion of the property, and (a) upon the hearing and de-|j®A''^'* p'°P" termination of the petition of the owner or claimant restoration is denied, or (b) the owner or claimant fails to file a petition for restoration within thirty days after the seizure, the United States attorney for the district wherein it was seized, upon direction of the Attorney ^^ cou^^*^*'"" General, shall institue libel proceedings in the United States district court or the district court of the Canal Zone or the court of first instance of the Philippine Is- lands having jurisdiction over the place wherein the seizure was made, against the property for condemna- tion; and if, after trial and hearing of the issues in- volved, the property is condemned, it shall be disposed Proceeds of of by sale, and the proceeds thereof, less the legal costs and charges, paid into the Treasury. Sec. 5. The proceedings in such summary trials upon pr^edure'^*t o the petition of the owner or claimant of the property s°^^''° *"*'*■ seized, as well as in the libel cases herein provided for, shall conform, as near as may be, to the proceedings in admiralty, except that either party may demand trial facts7 *'**' °* by jury of any issue of fact joined in such libel cases, and all such proceed[226]ings shall be at the suit of and in the name of the United States: Provided, That upon ^1^^°^ t„ the payment of the costs and legal expenses of both the f^°*£o2d not summary trials and the libel proceedings herein pro- ^iiy*P°tc. "'*' vided for, and the execution and delivery of a good and sufficient bond in an amount double the value of the property seized, conditioned that it will not be exported or used or employed contrary to the provisions of this 30 CXJBEENT EMERGENCY LEGISLATION. title, the court, in its discretion, may direct that it be delivered to the owners thereof or to the claimants thereof. poVt^rade*not ^^^' ^" ^^'^^P* ^^ those cases in which the exportation i|^°'«rfered of arms and munitions of war or other articles is for- bidden by proclamation or otherwise by the President, as provided in section one of this title, nothing herein contained shall be construed to extend to, or interfere with any trade in such commodities, conducted with any foreign port or place wheresoever, or with any other trade which might have been lawfully carried on before the passage of this title, under the law of nations, or under the treaties or conventions entered into by the United States, or under the laws thereof. Discretionary Sec. 7. Upon payment of the costs and legal expenses r6l6ELS60f X IT */ o IT property. incurred in any such summary trial for possession or libel proceedings, the President is hereby authorized, in his discretion, to order the release and restoration to the owner or claimant, as the case may be, of any property seized or condemned under the provisions of this title. Enforcwnent Sec. 8. The President may employ such part of the dent. land or naval forces of the United States as he may deem necessary to carry out the purposes of this title. Title VII. Unlawful ex- CERTAIN EXPORTS IN TIME OF WAR UNLAWFUL.^ ports in time ° slporting ar- SECTION 1. Whenever during the present war the ed^in'"procia- President shall find that the public safety shall so re- President, un-quire, and shall make proclamation thereof, it shall be *Pr"o'c lam a -unlawful to expopt from or ship from or take out of the ^.'so. ^^' ' United States to any country named in such proclama- ' See Presidential Proclamation No. 1385, July 9, 1917 [p. 130] : No. 1391, August 27, 1917 [p. 132] ; No. 1392, September 7, 1917 [p. 135] ; No. 1410, November 28, 1917 [p. 147] ; and see Executive Orders No. 2645, June 22, 1917 [p. 170] ; No. 2697, Sept. 7, 1917 [p. 178] ; No. 2729-A, II, October 12, 1917 [p. 180] ; No. 2796, January 26, 1918 [p. 191], Resolutions of the Continental Congress, See Resolutions modifying non-exportation agreement, July 15, 1775, II Journals of the Continental Congress [Library of Congress] 184 [p. 202] ; Resolution providing for the publication of the last foregoing, October 26, 1775, III id. 306 [p. 202] ; Resolution regarding exports and imports, April 6, 1776, IV id. 257 [p. 205] ; Resolution regarding price fixing, June 4, 1778, XI id. 569 [p. 218] ; Resolutions regarding forestalling, engrossing, and speculating, October 2, 1778, XII id 974 [p. 220]. Revolutionary War Statutes. Connecticut: See Act in addition to and for the alteration of some parts of the law of this state relating to embargoes. Acts and Laws of Connecticut, October, 1777, p. 478 [p. 230]. ESPIONAGE ACT. 31 tion any article or articles mentioned in such proclama- tion, except at such time or times, and under such regu- lations and orders, and subject to such limitations and exceptions as the President shall prescribe, until other- wise ordered by the President or by Congress : Provided, ^oj\*'°\^i„. however, That no preference shall be given to the ports |°<=es lorwd- of one State over those of another. Delaware: See Act to prohibit exportation of provisions from tliis state beyond the seas for a limited time, Acts of General Assembly of Dela- ware, 3d Sess., December 9, 1778 [p. 246] ; Act to prohibit the exporta- tion of provisions from this state beyond the seas for a limited time, id, 4th Sess., December 25, 1779 [p. 255] ; Act to prohibit the exportation of provisions from this state beyond the seas for a limited time, id. 4th Sess., June, 1780 [p. 274]. Maryland : See Act to punish forestalling and engrossing, and for other purposes, Laws of the State of Maryland, June session, 1777, c XI [p. 296] ; Act to amend the law to punish forestalling and engross- ing, and for other purposes, October session, 1777, id. c. XI [p. 300] ; Act to prohibit, for a limited time, the exportation of wheat, flour, rye, Indian corn, rice, bread, beef, pork, bacon, live stock, and other victual. Laws of the State of Maryland, 1778, June Session, c. 3 [p. 311] ; Same, 1778, October Session, c. Ill [p. 313] ; Act to prevent forestall- ing and engrossing, and for other purposes therein mentioned, 1778, October Session, c. VIII [p. 322] ; Act for enlarging the powers of the Governor and Council, id. 1778, October session, c. X [p. 331] ; Act to prohibit, for a limited time, the exportation of wheat, flour, rye, Indian corn, rice, bread, beef, pork, bacon, live stock, peas, beans, oats, and other victual, id. 1779, July Session, c. VII [p. 338] ; Same, Id. 1779, November Session, c. XVI [p. 358] ; Act for enlarging the powers of the Governor and Council, id. 1779, November Session, c. XVII [p. 368] ; Last two foregoing acts continued, id. 1780, March Session, c. XXI [p. 388] ; Act continuing for a limited time the Act prohibiting the exportation of wheat, flour, rye, etc. [supra]. Id. 1780, June Session, c. XVII [p. 389] ; Act to prohibit the exportation of Indian corn, wheat, wheat flour, and fresh provisions, by land, for a limited time, id. 1780, October Session, c XIV [p. 391] ; Act to encourage the impor- tation and manufacturing of salt within this state, id. 1780, October Session, c. XX [p. 395] ; Act to continue the next to last foregoing act, id. 1780, October Session, c. XXXV [p. 398] ; Act to continue an act imposing limitations upon exports, id. 1780, October Session, c XXXVI [p. 404] ; Act to prevent the exportation of bread and flour not merchantable, and for other purposes, id. 1781, October Session, c. XII [p. 410] ; Act to prevent the exportation of bread and flour not merchantable. Id. 1782, April Session, c. V [p. 417]. Massachusetts: See Act to prohibit the exportation of lumber for a limited time. Original Acts, 1776, May Session, p. 73 [p. 418] ; Act to prevent the exportation of masts and spars, of certain dimensions, for a limited time, id. 1779, January Session, p. 219 [p. 444] ; Act to prevent sundry articles being exported from this to the neighboring states, id. 1779, September Session, p. 253 [p. 447] ; Act in addition to an act entitled "An act to prevent sundry articles being exported from this to the neighboring states," id. 1779, September Session, p. 255 [p. 450] ; Act repealing resolves prohibiting exportation of articles to either of the United States by land, id. 1780, May Session, p. 314 [p. 453] ; Act continuing an Act for preventing exportatlons of spars and masts, 1780, Id. p. 316 [p. 454] ; Act for preventing all commerce and illegal correspondence with the enemies of the United States of America, Original Acts and Laws, 1781, January Session, p. 45 [p. 457] ; Act In addition to the last foregoing. Id. 1781, April Session, p. 55 [p. 461] ; Act reviving an act preventing exportation of masts and spars, id. 1781, May Session, p. 75 [p. 464] ; Act repealing the several laws prohibiting the exportation of provisions and masts and spars out of this state, id. 1782, January Session, p. Ill [p. 465], 32 CUEBENT EMEEGENCY LEGISLAHON. for'"^ilrtions° * ^^^- ^- -^^J person who shall export, ship, or take out, or deliver or attempt to deliver for export, ship- ment, or taking out, any article in violation of this title, or of any regulation or order made hereunder, shall be fined not more than $10,000, or, if a natural person, Seizure and. . , „ ^ ^ , x i xV ^ forfeiture of imprisoned tor not more than two years, or both; and any article so delivered or exported, shipped, or taken New Hampshire: See Act to encourage fair dealing and to restrain and punish sliarpers and oppressors, 4 Metcalf's Laws of New Hampshire, p. 139 [p. 478] ; Act to prevent the transportation of live cattle, beef, rum, and molasses, out of this state. Id. p. 289 [p. 481]. Neto Jersey: See Act to prohibit the exportation of provisions, and other articles therein mentioned, Acts of the State of New Jersey, February 20, 1777, t. 13 [p. 496] ; Act to restrain the exportation of pitch, tar, turpentine, and other naval stores, from the State of New Jersey, Id. September 20, 1777, c. 42 [p. 498] ; Act to prohibit the exportation of provisions from the State of New Jersey, id. June 20, 1778, c. 33 [p. 528] ; Act to revive and continue an act entitled " An act to prohibit the exportation of provisions from the State of New Jersey," id. November 26, 1778, c. 2 [p 531] ; Act to continue an act entitled "An act to prohibit the exportation of provisions from the .State of New Jersey," id. December 25, 1779, c. 18 [p. 553] i Act to revive and continue the act entitled "An act to prohibit the exportation of provisions from the State of New Jersey," id. June 17, 1780, c. 54 [p. 561] ; Act to repeal sundry acts restraijiing the trade and com- merce of this state, June 8, 1781, N. J. Laws, V. II, p. 195 [p. 581]. New York: See Act to prevent the exportation of flour, meal, and grain out of this state ; 1778, 1 Cook's N. T. Laws 18 [p. 582] ; Act to amend the foregoing act, 1779, id. p. 627 [p. 627] ; Act to repeal the laws prohibiting the exportation of flour, meal, and grain out of this Btate, 1780, id. p. 292 [p. 659] ; Act authorizing certain persons to mal J- -*■ ' war before title possession thereof may be taken to the extent of the interest to be acquired and the lands may be occupied and used for military j^urposes, and the provision of section three hundred and fifty-five of the Revised Stat- utes, providing that no public money shall be expended upon such land until the written opinion of the Attor- R. s., sec. ney General shall be had in favor of the validity of the title, nor until the consent of the legislature of the State in which the land is located has been given, shall be, and the same are hereby, suspended during the period of the existing emergency. " AVIATION ACT." July 24, 1917. [243] Chap. 40. — An Act To authorize the President to increase J : '—' temporarily the Signal Corps of the Army and to purchase, '"^"^q']' '^°' manufacture, maintain, repair, and operate airships, and to make appropriations therefor, and for other purposes. [Ap- proved, July 24, 1917. 40 Stats. 243.] Be it enacted iy the Senate and House of Representa- tives of the United States of America in Congress as- sembled, ***** ' For general statutes authoriaing acceptance of donations of lands, see Military Laws of the United States, Sec. 804. For special powers of condemnation (in recent legislation) but not intimately connected with the common defense, — (a) For land for the Bureau of Standards [40 Stats 105, 169] ; (b) For the permanent establishment of aviation stations [40 Stats. 182, 187] ; (c) Chesapealje and Delaware Canal [40 Stats. 250, 253] ; (d) Cape Cod Canal [40 Stats. 250, 262]. AVIATION ACT. 37 [245] Sec. 9. That during the existing emergency au-^^-^'j^^j'^Pj"; thority is hereby given to the President, through the War '^•'^"^^j^^^tpj j^^. Department, for the purchase, manufacture, mainte- "'"^^''s^^cy pur- nance, repair, and operation of airships and other iierial'acturo, etc^^ machines, including instruments and appliances of every sort and description necessary for the operation, con- struction, or equipment of all types of aircraft, including guns, armament, ammunition, and all necessary spare parts and equipment connected therewith; and all neces-j^^^^^'^^^j^fg^g- sary buildings for equipment and personnel in the Avia- '^''=- tion Section and for the purchase, maintenance, repair, and operation, through the Chief Signal Officer of the Army, of all motor-propelled passenger and equipment carrying vehicles which may be necessary for the Avia- tion Section of the Signal Corps. And during the existing emergency authority is hereby tions.'**'°° ^*°' further given for the establishment, equipment, main- tenance, and operation of aviation stations, including (a) the acquisition of land, or any interest in land, with jn^g'^^g^g '"'"^" any buildings and improvements thereon, by purchase, lease, donation, condemnation, or otherwise : Provided, Proviso. . Use of pub- That by order of the President any unappropriated or'ic lands, reserved public lands may be reserved from entry, desig- nated, and used for such aviation stations: (b) the im- ^improvement ' . . of sites. provement of such land by clearing, grading, draining, seeding, and otherwise making the same suitable for the purpose intended; (c) the construction, n^a^intenance. gjj^^^*^'j.^^"g^^ ■ and repair of permanent or temporary barracks, quar- ters, hospitals, mess houses, administration, instructional and recreational buildings, hangars, magazines, store- houses, sheds, shops, garages, boathouses, docks, radio stations, laboratories, observation stations, and all other buildings and structures necessary or advisable; (d) p,u^^*i"^ 'ef^*- procuring and introducing water, electric light and power, telephones, telegraph, and sewerage to aviation stations and buildings and structures thereon by the ex- tension of existing systems or the creation of new sys- tems and their maintenance, operation and repair, in- stallation of plumbing, electric fixtures and telephones, .fire apparatus and fire alarm systems and the mainte- nance, opera,tion and repair of all such systems, fixtures and apparatus; (e) construction and repair of roads, ^h^°^el,' etc walks, sea walls, breakwaters, bridges, and wharves, dredging, filling and otherwise improving land and water sites; (f) purchase of stoves and other cooking e,u1pmen't^s°*'* 38 CTJBEENT EMEKGENCY LEGISLATION, and heating apparatus, kitchen and tableware, and fur- niture and equipment for kitchens, mess halls, offices, quarters, barracks, hospitals, and other buildings, screens, lockers, refrigerators, and all other necessary equipment; Fuel supplies, (g) purchase of gasoline, oil, fuel, and all supplies of every kind and character necessary or advis [246] able for maintenance and operation of aviation stations, includ- ing electric light and power, telephones, water supply m a ch^f n'e I'y" ^'^^ sewerage service; (h) purchase and manufacture tools, etc. aj^(j installation of all kinds of machinery, tools, ma- terial, supplies, and equipment for construction, mainte- nance, and repair of aircraft, buildings, and improve- ments at aviation stations, or property or appliances used in connection with aviation. ciothfn" etc. " ' ^^^ ^^^^ ^'^^ ^^^ purchase or manufacture and issue of special clothing, wearing apparel, and similar equip- ment for aviation purposes. pens'es'at home ■^^'^ ^^^^ ^^^ ^^^^ actual and necessary expenses of and abroad. officers, enlisted men. and civilian employees of the Army and authorized agents sent on special duty at home and abroad for aviation purposes, including observation and investigation of foreign military operations and organi- zation, manufacture of aircraft, and engines, also special cor- ?s in foreign aviation schools and manufacturing establishments, to be paid upon certificates of the Secre- tary of War certifying that the expenditures were nec- essary for military purposes. traTnin»'°"'^' ^^'^ ^^^° ^'^^ vocational training, including employ- ment of necessary civilian instructors in important trades related to aviation, purchase of tools, equipment, ma- terials, and machines required for such training, purchase of textbooks, books of reference, scientihc and profes- sional papers, periodicals and magazines, and instruments 186.°'' ^^' ^ ^^^ material for theoretical and practical instruction at aviation schools and stations, and all otitr means to carry out the provisions of section twenty-seven of the Act approved June third, nineteen hundred and sixteen, authorizing, in addition to the military training of sol- diers tvhile in active service, means for securing educa- tional and vocational training of a character to increase their military efficiency and enable them to return to civil life better equipped for industrial, commercial, and general -business occupations. tio^!^'""°° ^^''" -^^^ ^1®^ *° P^y ^"d otherwise provide for such of- ficers of the Officers' Reserve Corps of the Aviation Sec- AVIATION ACT. 89 tion of tlie Signal Corps and such enlisted men of thegg^^y^ officers" Enlisted Reserve Corps of the Aviation Section of the l"^'^'^^^'^, ™ J^°^ Signal Corps as may be called into active service and ^'=''"''«- such enlisted men as may be enlisted in the Aviation Section of the Signal Corps under the provisions of sec- '^"*''' p- '''^• tion two of the Act o increase temporarily the military establishment of the United States, approved May eighteenth, nineteen hundred and seventeen, or any sub- sequent Act temporarily increasing the commissioned or enlisted personnel of the Aviation Section of the Sig- nal Corps and such civilian employees as may be neces- sary, for the payment of their traveling and other neces- sary expenses when not traveling with troops : Provided, p™''^^"- ^ ^ . That hereafter all reserve officers and enlisted men of^"""*^' the Aviation Section of the Signal Corps shall be paid by Quartermaster Corps disbursing officers from funds transferred to their credit from Signal Corps appro- priations. And also for the pavnient of all expenses in connec- DeTeiopment ^ •' , ^ . . of engines, alr- tion with the development of suitable types of aviation Planes, etc. engines, airplanes, and other aircraft appurtenances, in- cluding the cost of sample engines, airplanes, and appur- tenances, cost of any patents and other rights therein, and costs of investigation, experimentation, and research in respect thereto. And also for the payment of all expenses in connec- of ^Sk'Jufacru* tion with the creation, expansion, acquisition, and devel-'"^ plants, etc. opment of plants, factories, and establishments for the manufacture of airplanes, aircraft, engines, and appur- tenances, including provision for the purchase or lease of land with the buildings thereon, construction of per- manent or temporary buildings for all purposes, pur- chase of machinery, tools, and employment of operatives, together with all administrative expense necessary, the purchase and supply of raw and semifinished [247] ma- terials and of fuel and all other things necessary for cre- ating and extending the production of airplanes, air- craft, engii.es, and all appurtenances. And also for creating, maintaining, an I operating ^^^^^^^^i^l°,'^ technical schools and colleges courses of instruction for^.t'""<^*'°° »' ^ schools, etc. aviation students, including cost of instruction, equip- ment, and supplies necessary for instruction and subsis- tence of students while receiving such instruction. tion. 40 CTJfiBEl^l? EMERGENCY LEGISLATION. for^new''"qufp'' P'rovided, That, subject to the approval of the Secre- ment. tary of War, motor-propelled vehicles, airplanes, engines, parts thereof, and appurtenances may be exchanged in part payment for new equipment of the same or similar character to be used for the same purpose as those pro- posed to be exchanged. T r a V el ex- Provided further, That during the present eniergency, eign instruc- officers and enlisted men of foreign armies attached to tors , etc., in the ... ^. nT^.i^t • i_ ±. United States, the Aviation Section of the Signal Corps as instructors or inspectors when traveling in the United States on official business pertaining to the Aviation Section of the Signal Corps shall be authorized, from funds ap- propriated by this Act, the same mileage and transpor- tation allowances as are authorized for officers or en- listed men of the Kegular Army. Appropria- Sec. 10. That for the purpose of carrying this Act into effect the sum of $640,000,000 is hereby appropriated out of any funds in the Treasury not otherwise appro- priated, to be available until June thirtieth, nineteen hundred and eighteen. " SPECIAL AVIATION ACT." July 27, 1917. [247] Chap. 42. — An Act Authorizing tlie President to take pos- JH^. 4892.] session, on behalf of the United States, for use as sites for [Public. No. permanent aviation stations for the Army and Navy and for aviation school purposes, of the whole of North Island in the harbor of San Diego, California, and for other purposes. [Ap- proved, July 27, 1917. 40 Stats. 247]. _ North Island, Be it enacted hy the Senate and House of Representa- bor cai. tives of the United States of America in Congress as- authorized o f , scmbled, That the President be, and he is hereby, au- f r aviation ^ - -, , • . ,, i i* ,-, • i purposes. tliorized to cause possession to be taken forthwith, on behalf of the United States, for use for national defense and in connection therewith as sites for permanent avia- ve sting of tion stations for the Army and Navy and for aviation title waived. "^ "^ „3- ^A'„ ^^'^- school purposes, of the whole of North Island, in the o55, p. 60. r~i • - • harbor of San Diego, California, and the provisions of section three hundred and fifty-five. Revised Statutes, shall not apply to the expenditure of any appropriations for improvements thereon for aviation purposes. [248] The Attorney General or the claimants to the said North Island are authorized to make application PTOceelkigs*'°° ■^°'' ^'^^ determination and appraisement of any rights private parties may have in the said island over and be- yond aivy rights thereto in the United States to the Dis- RIVER AND HARBOR ACT. 41 trict Court of the United States for the Southern Dis- ^pp^"!- trict of California; the proceedings to be prosecuted in accordance with the laws of the State of California relating to the condemnation of property for public use. Either party may take an appeal from the judgment of such court direct to the Supreme Court of the United States within ninety days after such iudgment is ren- , Payment of •' •' J» deter mined dered. Upon the final ascertainment of the value of v a i u e into court, any right, title, or interest adjudged to be in any pri- vate claimants to the said island there shall be paid into court the value of the same as so determined, to- gether with interest thereon at the rate of six per centum per annum from date possession thereof was taken as herein authorized; and thereupon the United States shall be vested with title to said lands. The amount so. Distribution to owners. paid shall be distributed by order of the court to the owner or owners of such right, title, or interest in said island as their respective interests may be determined by the court. The amount necessary to pay the awards in favor of private claimants is hereby appropriated, out of any money in the Treasury not otherwise specifi- Appropriation. cally appropriated, to be disbursed under orders of the Secretary of War. " RIVER AND HARBOR ACT." [250] Chap. 49. — An Act Making appropriations for tlie construe- August 8, 1917. tion, repair, and preservation of certain public works on rivers ' ' "^ and harbors, and for other purposes. [Approved, August 8, '-^"'qy^'i ^''' 1917. 40 Stats. 250.] Be it enacted hy the Senate and House of Representa- River ana tives of the United States of America in Congress as- priat°ions.*^^™ semhled, [266] Sec. 7. That section four of the river and l^arbor Regulation of Act of August eighteenth, eighteen hundred and ninety- voi. is, p- four, as amended by section eleven of the river and harbor Act of June thirteenth, nineteen hundred and two, be, and is hereby, amended so as to read as follows : " Sec. 4. That it shall be the duty of the Secretary of use of navi- War to prescribe such regulations for the use, adminis- to be regulated . . . by Secretary of tration, and navigation of the navigable waters of the war. United States as in his judgment the public necessity 374, ame'nded. ' may require for the protection of life and property, or of operations of the United States in channel improve- ment, covering all matters not specifically delegated by 42 CUERENT EMERGENCY LEGISLATION. re^?ation°^ "' law to some other executive department. Such regula- tions shall be posted, in conspicuous and appropriate fo/vtoil't^ns ' pl^css, for the information of the public ; and every per- son and every corporation which shall violate such regu- lations shall be deemed guilty of a misdemeanor and, on conviction thereof in any district court of the United States within whose territorial jurisdiction such offense may have been committed, shall be punished by a fine not exceeding $500, or by imprisonment (in the case of a natural person) not exceeding six months, in the dis- cretion of the court." Regulation Sec. 8. That, in the interest of the national defense of areas adja- cent to target and f or the better protection of .life and property on gractice, lorti- x x ./ cations', etc. said Waters, the Secretary of War is hereby authorized and empowered to prescribe such regulations as he may deem best for the use and navigation of any portion of areas of the navigable waters of the United States or waters under the jurisdiction of the United States en- dangered ar likely to be endangered by Coast Artillery fire in target practice or . otherwise, or by the proving opfciations of the Government ordnance proving ground at Sandy Hook, New Jersey, or at any Government ord- nance proving ground that may be established elsewhere on or near such waters, and of any portion or area of said waters occupied by sub [267] marine mines, mine fields, submarine cables, or other material and accessories Transporting pertaining to seacoast fortifications ; and the said Secre- tary of War shall have like power to regulate the trans- portation of explosives upon any of said waters. Enforcement. That to enforce the regulations prescribed pursuant to this section the Secretary of War may detail any public vessel in the service of the War Department, or, upon the request of the Secretary of War, the head of any other department may enforce, and the head of any such department is hereby authorized to enforce, such regu- lations by means of any public vessel of such depart- ment. " PRIORITY SHIPMENT ACT." August 10, [2721 Chap. ril. — An Act To amend the Act to regulate commerce, [S. 2356.] as amended, and for other purposes. [Approved, August 10. [Public No. 19"- 40 Stats. 272.] iterstate ^^ ^^ enacted hy the Senate and House of Representa- nS^tima^ '^^^' tives of the United States of America in Congress as- 547" amendei!' ^^'^^T'^^i That Section one of the act entitled "An Act to regulate commerce," approved February fourth, eighteen PRIOEITY SHIPMENT ACT. 43 hundred and eighty-seven, as heretofore amended, be further amended by adding thereto the following: "That on and after the approval of this Act any per- j^P^^^j'sUment son or persons who shall, during the war, in which the ^"ri"!"' etc United States is now engaged, knowingly and willfully, •'""''s present by physical force or intimidation by threats of physical force obstruct or retard, or aid in obstructing or retard- ing, the orderly conduct or movement in the United States of interstate or foreign commerce, or the or- derly make-up or movement or disposition of any train, or the movement or disposition of any locomotive, car, or other vehicle on any railroad cr elsewhere in the United States engaged in interstate or foreign commerce shall be deemed guilty of a misdemeanor, and for every such offense shall be punishable by a fine of not exceeding $100 or by imprisonment for not exceeding six months, use of armed 111 1,^ !• • TIT-.-' forces to pre- or by both such fane and imprisonment ; and the i'resi- vent, etc dent of the United States is hereby authorized, when- ever in his judgment the public interest requires, to em- ploy the armed forces of the United States to prevent any such obstruction or retardation of the passage of the mail, or of the orderly conduct or movement of inter- state or foreign commerce in any part of the United States, or of any train, locomotive, car, or other vehicle upon any railroad or elsewhere in the United States en- gaged in interstate or foreign commerce: Provided, That L^bot^'pro- nothing in this section shall be construed to repeal, J^^^j'ea.^ °°' modify, or affect either section six or section twenty of ^gj^^^gl^- pp- an Act entitled 'An Act to supplement existing laws against unlawful restrains and monopolies, and for other purposes,' approved October fifteenth, nineteen hundred and fourteen. " That during the continuance ol the war in which the t^anro^na't^jfn United States is now engaged the President is authorized, ?|„s^*'°o'}2mod- if he finds it necessary for the national defense and se- ities. curity, to direct that such traffic or such shipments of commodities as, in his judgment, may be essential to the national defense and security shall have preference or priority in transportation by any common carrier by railroad, water, or otherwise. He may give these di-is°®^'''irders° rections at and for such times as he may letermine, and etc may modify, change, suspend, or annul them, and for any such purpose he is hereby authorized to issue orders di- rect, or through such person or persons as he may desig- nate for the purpose or through the Interstate Commerce Commission. Officials of the United States, when so 44 CUEEENT EMEEGENCY LEGISLATION. tion°"x?eu°es, *^®^^Snatecl, shall receive no compensation for their serv- "*''• ices rendered hereunder. Persons not in the employ of the United States so designated shall receive such com- pensation as the President may fix. Suitable offices may be [273] rented and all necessary expenses, including compensation of persons so designated, ihall be paid as directed by the President out of funds which may have been or may be provided to meet expenditures for Carriers may the national Security and def en»o. The common car- have agencies _ ^ ■' In Washington riers subiect to the Act to regulate commerce or as many to receive no- -^ ^ ^ . •' tices, orders, of them as desire so to do are hereby authorized with- out responsibility or liability on the part of the United States, financial or otherwise, to establish and maintain in the city of Washington during the period of the war an agency empowered by such carriers as join in the ar- rangement to receive on behalf of them all notice and service of such orders and directions as ma^' be issued in accordance with this Act, and service upon such agency shall be good service as to all the carriers joining in the Orders to be establishment thereof. And it shall be the duty of any and all the officers, agents, or employees of such carriers by railroad or water or otherwise to obey strictly and conform promptly to such orders, and failure knowingly Penalty for and willfully to Comply therewith, or to do or perform whatever is necessary to the prompt execution of such order, shall render such officers, agents, or employees guilty of a misdemeanor, ind any such officer, agent, or employee shall, upon conviction, be fined not more than $5,000, or imprisoned not more than one year, or both, Rates foi in the discretion of the court. For the transportation transpurtatio.a „ . • i ii i n t to be fixed by ot persous Or property in carrying out the orders and di- "™™ ■ rections of the President, ]ust and reasonable rates shall be fixed by the Interstate Commerce Commission ; and jf the transportation be for the Government of the United States, it shall be paid for currently or monthly by the Secretary of the Treasury -"ut of any fund i not otherwise exfmpV^i™om appropriated. Any carrier complying with any such penalties, etc. Qj.^gj, ^^ direction for preference or priority herein au- thorized shall be exempt from any and all provisions in existing law imposing civil oi criminal pains^ pen- alties, obligations, or liabilities upon carriers by reason 1 of giving preference or priority in compliance with such : order or direction." ^ lAs to compensation for transportation of troops, munitions of war, military supplies and property, see also 40 Stats. 193. CUERENT EMEEGENCY LEGISLATION. 45 "AGKICtTLTXIRAL ACT." [273] Chap. 52. — An Act To provifle further for the national August 10. ■ 1917. security and defense by stimulating agriculture and facilitating [h. r. 4188.] the distribution of agricultural products. [Approved, August [PubUc No. 10, 1917. 40 Stats. 273.] 40-5 Be it enacted by the Senate and House of Representa- food® product! tives of the United States of America in Congress as- ^%owevs con- sembled, That, for the purpose of more effectually pro- *"''? ^ (" i^m a- viding for the national security and defense and carry- sup°ply,' etc!*^'' ing on the war with Germany by gathering authorita- tive information concerning the food supply, by increas- ing production, by preventing waste of the food supply, by regulating the distribution thereof, and by such other means and methods as are hereinafter provided, the powers, authorities, duties, obligations, and prohi- bitions hereinafter set forth are conferred and pre- scribed. Sec. 2. That the Secretary of Agriculture, with the o /"If" n,°a n S° approval of the President, is authorized to investigate ti-i'bu'tion,°'ete!^ and ascertain the demand for, the supply, consumption, articiesf"^*'"' costs, and prices of, and the basic facts relating to the ownership, production, transportation, manufacture, storage, and distribution of, foods, food materials, feeds, seeds, fertilizers, agricultural implements and machin- ery, and any article required in connection with the production, distribution, or utilization of food. It shall testimony, etcf be the duty of any person, when requested by the Secre- tary of Agriculture, or any agent acting under his in- structions, to answer correctly, to the best of his knowl- edge, under oath or otherwise, all questions touching his knowledge of any matter authorized to be investi- gated under this section, or to produce all books, letters, papers, or documents in his possesion, or under his [274] control, relating to such matter. Any person who shall, ^ ^^ "refj,"!]"' within a reasonable time to be prescribed by the Secre- ^^^^^^ etc^*^*^" tary of Agriculture, not exceeding thirty days from the date of the receipt of the request, willfully fail or refuse to answer such questions or to produce such books, let- ters, papers, or documents, or who shall willfully give any answer that is false or misleading, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding $1,000 or by imprison- ment not exceeding one year, or both. Sec. 3. That whenever the Secretary of Agriculture seedlng'^ma.v^be shall find that there is or may be a special need in any to'firmer°s. ^^" 46 CUEKENT EMERGENCY LEGISLATION. restricted area for seeds suitable for the production of food or feed crops, he is authorized to purchase, or con- tract with persons to grow such seeds, to store them, and to furnish them to farmers for cash, at cost, including the expense of packing and transportation. Cooperation Sec. 4. That the Secretary of Agriculture is author- etc. ized to cooperate with such State and local officials, and with such public and private agencies, or persons, as he finds necessary, and to make such rules and regulations as are necessary effectively to carry out the preceding sections of this Act. tio^If Assist ^^^- 5- That the President, by and with the advice and or.\|HcufturI''0^^6'it of the Senate, may appoint two additional As- *"Di°tiM^'''pay, sistant Secretaries of Agriculture, who shall perform such ^%oi 25, p. duties as may be required by law or prescribed by the 659, amended. Secretary of Agriculture, and who shall each be paid a salary of $5,000 per annum. Cooperation Qet. 6. That the President is authorized to direct any or other agen- -^ cies, etc., to agency or organization of the Government to cooperate ayoid duplica- o ./ o ^ ^ ^ jr tion- with the Secretary of Agriculture in carrying out the purposes of this Act and to coordinate their activities so as to avoid any preventable loss or duplication of work, term^a^us"! "' ^^^- '^ ' That words used in this Act shall be construed to import the plural or the singular as the case demands, and the word " person," wherever used in this Act, shall include individuals, partnerships, associations, and cor- porations, tions^for'specl: Sec. 8. That for the purposes of this Act, the foUow- fled objects, jj^^ sums are hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, available ii\^-stock^dis^ immediately and until June thirtieth, nineteen hundred eases, etc. ^^^ eighteen: For the prevention, control, and eradica- tion of the the diseases and pests of live ntcck; the en- a nS''n?a*i'^ p^od^ l^rgement of live-stock production; and the conserva- "'^'^' tion and utilization of meat, poultry, dairy, and other animal products, $885,000. seeds'^'et" ' for For procuring, storing, and furnishing seeds, as au- ^*'®- thorized by section three of this Act, $2,5CU,000, and this fund may be used as a revolving fund until June thir- tieth, nineteen hundi'ed and eighteen. inScts,'"'^p"nt For the prevention, control, and eradication of insects diseases, etc. ^^^ plant diseases injurious to agriculture, and the con- servation and utilization of plant products, $-14:1,000. AGRICULTUEAL ACT. 47 For increasing food production and eliminating waste ^atio!? demon- and promoting conservation of food by educational and strations, etc. demonstrational methods, through county, district, and urban agents and others, $4,348,400. For gathering authoritative information in connection Gathering in- •11T T r 11 T ■ .formation, With the demand for, and the production, supply, dis- market news, tribution, and utilization of food, and otherwise carry- waste, etc. ing out the purpose of section two of this Act ; extending and enlarging the market news service; and preventing waste of food in storage, in transit, or "held for sale ; ad- vise concerning the market movement or distribution of certifying perishable products ; for enabling the Secretary of Agri- truits, etc., at culture to investigate and certify to shippers the condi- kets. tion as to soundness of fruits, vegetables, and other food products, when received at such important central mar- kets as the Secretary of Agriculture may from time to time designate and under such rules and regulations as he may prescribe: [275] Provided, That certificates is- Eff""t''f' »r- sued 'ly the authorized agents of the department shall tificates. be received in all courts as prima facie evidence of the truth of the statements therein contained ; and otherwise carrying out the purpose of this Act, $2,522,000 : Pro- women to be vided further, That the Secretary of Agriculture shall, so far as practicable, engage the services of won-en for the work herein provided for. For miscellaneous items, including the salaries of As- Miscellaneous sistant Secretaries appointed under this Act ; special work in crop estimating ; aiding agencies in the various States in supplying farm labor; enlarging the informational work of the Department of Agriculture; and printing and distributing emergency leaflets, posters, and other publications requiring quick issue or large editions, $650,000. Provided, That the employment of any person under proviso. the provisions of this Act shall not exempt any such not °e^ e°m*p t person from military service under the provisions of draTt. ™ ' ^"^'^ the selective draft law approved May eighteenth, nine- ^"*^' '"' ^^' teen hundred and seventeen. It shall be the duty of the Secretary of Agriculture K?port of ex- . , . penditures. to submit to Congress at its regular session m December of each year a detailed report of the expenditure of all moneys herein appropriated. Sec. 9. That the Act of August thirtieth, eighteen ^^cattie qua^. hundred and ninety, entitled "An Act providing for an ""^j^^'J^g inspection of meats for exportation, prohibiting the im-^i*' amended. 48 CUERENT EMEEGENOY LEGISLATION. portation of adulterated articles of food or drink, and authorizing the President to make proclamation in cer- tain cases, and for other purposes " (Twenty-sixth Stat- utes at Large, page four hundred and fourteen), is caui? for^^ta- hereby amended so as to authorize the Secretary of Ag- ^r'^j^*|^j^^"f^;ri culture, within his discretion and under such joint ported. regulations as may be prescribed by the Secretary of Agriculture and the Secretary of the Treasury, to per- mit the admission for immediate slaughter at ports of entry of tick-infested cattle which are otherwise free from disease and which have not been exposed to the infection of any other disease within sixty days next before their exportation from Mexico, South and Cen- deSgn*ated° '"^tral America, the islands of the Gulf of Mexico and the Vol. 26, pp. Caribbean Sea into those parts of the United States below the southern cattle quarantine line at such ports of entry as may be designed by said joint regulations and also subject to the provisions of sections seven, eight, nine, and ten of said Act of August thirtieth. Provisos. ^ eighteen hundred and ninety: Provided, That the im- ciuded. portation of tick-infested cattle from any country re- ferred to in this section in which foot-and-mouth disease exists, which existence shall be determined by the Sec- tio^'^^'^ reqvSre- ''^^^'^y °-^ Agriculture, is prohibited: Provided, further, ments to gov- fhat all Cattle imported under the provisions of this section shall be slaughtered in accordance with the pro- visions of the Act of June thirtieth, nineteen hundred 674°'i26o' ""■ ^^^ ^^^ (Thirty-fourth Statutes at Large, page six hun- dred and seventy-four), commonly called the meat in- spection amendment, and the rules and regulations pro- mulgated thereunder by the Secretary of Agriculture, of hides^"' ' ° ° '^^^ tliat their hides shall be disposed of under rules and regulations to be prescribed by the Secretary of Agri- culture. home°stetds^1n ^Ec. 10. That scction six of the Act of Congress ap- '^voT 36 p proved June seventeenth, nineteen hundred and ten, 532, amended, "j^jj j^^^ ^q provide for an enlarged homestead," be, and the same is hereby, amended to read as follows: out'^wi^ter'^'lor " ^Ec. 6. That whenever the Secretary of the Interior fo^te"" d"eli|-' shall find any tracts of land in the State of Idaho, sub- nated. jgcj ^q entry under this Act, do not have upon them such a sufficient supply of water suitable for domestic pur- poses as would make continuous residence upon the lands possible he may, in his discretion, designate such tracts crMfl'ed.* '° of land, not to exceed in the aggregate one million acres, POOD CONTEOL ACT. 4^9 and thereafter they shall be subject to entry under this^^jj^^g^^?!^''" Act without the necessity of residence upon the land entered: Provided, That the entryn^an shall in good ^:,\\%iu:». faith cultivate not less than one-sixteenth of the entire Amount to be cultivated area oi [276] the entry which is susceptible of cultiva- leduced. ^,|, V o ; tion during the first year of the entry, not less than one- provf^Z eighth during the second year, and not less than one- (,";'•*)• fourth during the third year of the entry and until final , state resi- »!,.,„ _,, , . 11. dence required. prooi: Provided, further, That after six months from the date of entry and until final proof the entryman shall be a resident of the State of Idaho." -tn ;,„,.. Sec. 11. That the Secretary of the Interior is hereby ^ct^'""**^"*'" authorized,. in his discretion, to suspend during the con- ^j |j,^i^^"^'°° tinuance of this Act that provision of the Act known as ^yj^^p™*^^?,!^,- > the " Eeclamation Act" requiring residence upon lands ggj"'- ''j-,,';?- in private ownership or within the neighborhood for securing water for the irrigation of the same, and he is authorized to permit the use of available water thereon upon such terms and conditions as he may deem proper. Sec. 12. That the provisions of this Act shall cease aito* wa/Ter'^ to be in effect when the national emergency resulting ™''°^*^^' from the existing state of war shall have passed, the "ry>,irnas date of which shall be ascertained and proclaimed by , %'io',.",!,,,., the President ; but the date when this Act shall cease to 1??^^?';,, ' '{! be in effect shall not be later than the beginning of the ' '^^.ai'slj'd.i next fiscal year after the termination, as ascertained by the President, of the present war between the United States and Germany. " POOD CONTROL ACT." j -, r. q 1 i .Di9 .oJa'nfJ) [276] Chap. 53. — An Act To provide further for the national August 10, 1917 security and defense by encouraging the production, conserving [h. r 4961.] the supply, and controlling the distribution of food products [Public, No. and fuel.. [Approved, August 10, 1917. 40 Stats. 276.] ^^J Be it enacted hy the Senate and House of Representd-"^'^S^')^Mi- tives of the United States of America in Congress (^^-fl^^^Bt^ sembled. That by reason of the existence of a state ' •-,..,, _, .-.• •. • , hoardmg, injurious speculation, manipulations, and pri- vate controls, affecting such supply, distribution, and g o^v ernmentai nio^'ement ; and to establish and maintain governmental ''"jieaiis, etc.. <^oiitrol of such necessaries during the war. "i'or such created. purposes the instrumentalities, means, methods, powers, '' "■ authorities, duties, obligations, and prohibitions herein- after set forth are created, established, conferred, and u e guiations prescribed. The President is authorized to make such .beiissucd. regulations and to issue such orders as are essential .,,,' . effectively to carry out the provisions of this act.^ Effective Sec. 2. That in carrying out the purposes of this Act powers vested . . ,i-t, ,•. n .,in jtbe Presi-the Jrresident is authorized to enter into any voluntary arrangements or agreements, to create and use any agency or agencies, to accept the services of any person without compensation, to cooperate with any agency or person, to utilize any department or agency of the Government, .1 ' and to coordinate their activities so as to avoid any pre- ventable loss or duplication of effort or funds. G overnment Sec. 3. That no person acting either as a voluntary or I ndu c'i ngpaid agent or employee of the United States in any ca- contracts. etc., .... by, totWiJden. pacity, including an advisory capacity, shall solicit, in- If pecuniariLv ^ ^^ T^■^ J f J^ ' interested ducc, or attempt to induce any person or omcer author- ized to execute or to direct the execution of contracts on behalf of the United States to make any contract or give any order for the furnishing to the United States of work, labor, or services, or of materials, supplies, or If partyother property of any kind or [2771 character, if such thereto, etc. ii i •• • agent or employee has any pecuniary interest m such contract or order, or if he or any firm of which he is a member, or corporation, joint-stock company, or associ- ' ' ation of which he is an officer or stockholder, or in the confractl* rec°- P^^^^^^^^^ profits of which he is directly or indirectly ommended^^^by. interested, shall be a party thereto. Nor shall any agent : Qr employee make, or permit any committee or other , bjQdy of which he is a member to make, or participate in ' ': making, any recommendation concerning such contract or I order to any council, board, or commission of the ; United States, or any member or subordinate thereof, .;Vfitliput making to the best of his knowledge and belief a _^iall and complete disclosure in writing to such council, bili'See Executive Order No. 26S1, August 14, 1917 [p. 1741 ; No. 2690, August 23, 1917 [p. 177]. FOOD CONTROL ACT. 51 board, commission, or subordinate of any and every pe- cuniary interest which he may have in such contract or order and of his interest in any firm, corporation, com- pany, or association being a party thereto. Nor shall he^^^'^^.^^j^^Jj.s participate in the awarding of such contract or giving ''"■'^'''''^°- such order. Any willful violation of any of the provi- sions of this section shall be punishable by a fine of not more than $10,000, or by imprisonment of not more than for violation™' five years, or both : Provided, That the provisions of this c" i m"] n a i section shall not change, alter or repeal section forty-one Aed.*^ °°' ™'"^'' of chapter three hundred and twenty-one, Thirty-fifth 1097.'' ^' ^' Statutes at Large. Sec. 4. That it is hereby made unlawful for any per-pr/ce ^o*^ re^ son willfully to destroy any necessaries for the purpose wasting,^"^etc!', of enhancing the price or restricting the supply thereof : Ta'wfifL "^^' " knowingly to commit waste or willfully to permit pre-speciflea."^^^ ventable deterioration of any necessaries in or in con- nection with their production, manufacture, or distri- bution; to hoard, as defined in section six of this Act, any necessaries ; to monopolize or attempt to monopolize, either locally or generall;), any necessaries; to engage in any discriminatory and unfair, or any deceptive or wasteful practice or device, or to make any unjust or unreasonable rate or charge, in handling or dealing in or with any necessaries; to conspire, combine, agree, or ^^- ^^^^-^^^Ition^' range with any other person, (a) to limit the facilities JJ^P^j^ '°jj^^™j™j for transporting, producing, harvesting, manufacturing, *'=ts. supplying, storing, or dealing ii. any necessaries; (b) to restrict the supply of any necessaries; (c) to restrict dis- tribution of any necessaries; (d) to prevent, limit, or lessen the manufacture or production of i ny necessaries in order to enhance the price thereof, or (e) to exact excessive prices for any necessaries; or to aid or abet the doing of any act made unlawful by this section. Sec. 5. That, from time to time, whenever the Presi- Licenses, dent shall find it essential to lici.nse the importation, ^pI^'^^^^ ^^us^ manufacture, storage, mining, or distribution of anyjjjj:j,?^|j^jj*'^""f- necessaries, in order to carry into effect any of the pur- ^.j^^^'' ° ?,||'""^|- poses of this Act, and shall publicly so announce, no per- ^^■ son shall, after a date fixed in the announcement, engago in or carry on any such business specified in the an- nouncement of importation, manufacture, storage, min- ing, or distribution of any necessaries as set forth in such announcement, unless he shall secure and hold a 52 CUEKENT EMEEGENCY LEGISLATION, Jo,? ^fgsig*'<'"f'^ license issued pursuant to this section. The President izert.' ' °^"*'"' is authorized to issue such licenses and to prescribe regu- lations for the issuance of licenses^ and requirements for systems of accounts and auditing of accounts to be kept by licensees, submission of reports by them, with or without oath or affirmation, and the entry and inspec- tion by the President's duly authorized agents of the Unfair stor- places of business of licensees. Whenever the President age charges,' n /? i i . . etc., by licen- shall hnd that any storage charge, commission, profit, sees to be dis- ... ! r 5 continued. or practice of any licensee is unjust, or uireasonable, or discriminatory and unfair, or wasteful, and shall order such licensee, within a reasonable time fixed in the order, to discontinue the same, unless such order, which shall recite the facts found, is revoked or suspended, such li- censee shall, within the time prescribed in the order, dis- continue such unjust, unret^sonable, Jis [278] criminatory and unfair storage charge, commission, profit, or prac- > See Presidential Proclamations No. 1393, September 7, 1917 [p. 137] ; No. 1398, October 8, 1917 [p. 139] ; No. 1406, Novemlier 7, 1917 [p. 143] ; No. 1407, November 15, 1917 [p. 145] ; No. 1421, January 3, 1918 [p. 159] ; No. 1422, January 10, 1918 [p. 161] ; No. 1425, January 30, 1918 [p. 165] ; No. 1426, January 31, 1918 [p. 166]. Resolutions of the Continental Congress. See Resolution requesting states to enact legislation covering impress- ments, December 20, 1777, IX Journals of the Continental Congress [Library of Congress] 1043 [p. 216] ; Resolution regarding the control of the disposition of goods, wares, and merchandise in the city of Philadel- phia, June 4, 1778, XI id. 571 [p. 219]. Revolutionary War Statutes. Connecticut: See Act to encourage fair dealing, and to restrain and punish sharpers and oppressors. Acts and Laws, Connecticut, 1777, p. 476 [p. 228]. New Hampshire: See Act to encourage fair dealing and to. restrain and punish sharpers and oppressors, 4 Metcalf's Laws 139 [p. 477]. New Jersey: See act for regulating and limiting the prices of sundry articles of produce, manufacture and trade, and to prevent forestalling, regrating and engrossing. Acts of State of New Jersey, December 11 1777, u. 8 tp. 515]. New York: See Act more effectually to supply the army with flour, 1780, 1 Cook's N. Y. Laws 200 [p. 630]. North Carolina: Sec act for the more effectually preventing engross- ing and forestalling, for the encouragement of commerce and the fair trader and for other purposes, 24 Clark's Laws of Noi-th Carolina, 1780 c IV, p. 318 [p. 681]. Pennsylvania: See Acts of 1778 and 1781, 9 Stats at L. 288, 10 Stats at L. 418 and 497 ; Act to prevent forestalling and regrating and to encourage fair dealing, 1778, id. p. 177 [p 710]; Supplement to above, 1778, id. p. 245 [p. 731] ; Same, 1778, id. p. 293 [p. 738] ; Act (or more effectually preventing forestalling, etc., 1779, id. p. 421 [p. 763]. Tirginia: See ordinance for establishing 'a mode of punishment for the enemies to America in this colony (licensing of imports) 1775, 9 Hening's Stats at L. 101, 103 ; Act for the punishment of certain offenses (importa- tions), 1770, id. p. 171; Act for the appointment of naval officers and as- certaining their fees, 1776, id. p. 184 [p. 920]. FOOD CONTROL ACT. 53 tice. The President may, in lieu of any such unjust,g(^^^|^'*"p(p" unreasonable, discriminatory, and unfair storage charge, ™^^^j,*'>^^^4si; commission, prolit, or practice, find what is a just, reason- '^^°*- able, nondiscriminatory and fair storage charge, commis- sion, profit, or practice,^ and in any proceeding brought in any court such order of the President shall be prima facie evidence. Any person who, ^Yithout a license issued . Punishment - . ^ ' for violations. pursuant to this section, or whose license shall have been revoked, knowingly engages in or carries on .iny business for which a license is .equired under this section, or willfully fails or refuses to discontinue any unjust, un- reasonable, discriminatory and unfair storage charge, commission, profit, or practice, in accordance: with the requirement of an order issued under this section, or any regulation prescribed jnc^er this section, shall, upon con- viction thereof, be punished by a fin.j not exceeding $5,000, or by imprisonment for not more than two years, or 'ooth: Provided, That this section shall not apply to Provixmf. J. , ,. • i- J! i Occupations, any larmer, gardener, cooperative association oi farmers etc. not af- or gardeners, including live-stocli farmers, or other per- sons with respect to the products of any farm, garden, or other land owned, leased, or cultivated by him, nor to any retailer with respect to the retail business actually conducted by him, nor to Lny common carrier, nor shall ^o import or . • . •' . export tax aii- anythmg m this section be construed to authorize the *t'°">=ed. fixing or imposition of a duty or tax upon any article imported into or exported iTom the United States or any State, Territory, or the District of Columbia: Provided f^^f^^^^'^ ^^■ .further. That for the purposes of this Act a retailer shall be deemed to be a person, copartnership, fi^'m, corpora- tion, or association not engaging in the wholesale busi- ness whose gross sales do not exceed $100,000 per an- num. Sec. 6. That any person who willfully hoards anv nee- Punishment ■ • I. 1 r. T " '"'' hoarding essaries shall upon conviction thereof be fined not exceed- necessaries. ing $5,000 or be imprisoned for not more than two years, or both. Necessaries shall be deemed to be hoarded with- o f t p n s e s specified. in the meaning of this Act when either (a) held, con- tracted for, or arranged for by any person in a quantity in excess of his reasonable requirements for use or con- sumption by himself and dependents for a reasonable time; (b) held, contracted for, or arranged for by any manufacturer, wholesaler, retailer, or other dealer in a 1 See Executive Order No. 2765, November 27, 1917 [p. 190], and statutes annotated under Sec. 25, Food Control Act, p. 76, infra. 54 CURRENT EMERGENCY LEGISLATION. quantity in excess of the reasonable requirements of his business for use or sale by him for a reasonable time, or reasonably required to furnish necessaries produced in surplus quantities seasonally throughout the period of scant or no production; or (c) withheld, whether by pos- session or under any contract or arrangement, from the market by any person for the purpose of unreasonably Provisos increasing or diminishing the price :^ Provided, That etc., transac-this Section shall not include or relate to transactions on eluded. any exchange, board of trade, or similar institution or °* ' "■ ■ place of business as described in section thirteen of this Act that may be permitted by the President under the authority conferred upon him by said section thirteen: in'^theSr^rod-^^^^*^^^' however, That any accumulating or withhold- er-^ etc 'n™t ''^S ^J '^^^J farmer or gardener, cooperative association deemed 'hoard- of farmers Or gardeners, including live-stock fanners, or any other person, of the products of any farm, garden, or other land owned, leased, or cultivated by him shall not be deemed to be hoarding within the meaning of this Act. 1 Resolutions of the Continental Congress. See Resolution regardiug monopolizing and engrossing, November 26, 1776. VI Journals ot the Continental Congress [Library of Congress] 980-1 fp. 206] ; Resolution regarding price fixing, engrossing, regrating, etc., November 22, 1777, IX id. 956 [p. 211] ; Resolution requesting states to enact legislation covering impressments, December 20, 1777, IX id. 1043 [p. 214] ; Resolutions of Congress regarding forestalling and engrossing and speculating, October 2, 1778, XII id. 974 [p. 220]. Revolutionary War Statutes. Connecticut: See Act to encourage fair dealing, and to restrain and punish sharpers and oppressors. Acts and Laws, Connecticut, October, 1777, p. 476 [p. 228] ; Act reviving acts punishing and preventing oppression, id. May, 1778, p. 499 [p 240] ; Act further to prevent monopolizing and engrossing, etc., id. October, 1778, p. 503 [p. 241] ; Act to continue in force an act entitled " An act to encourage fair deal- ing and to restrain and punish sharpers and oppressors," id. .January. 1779, p. 510 [p. 243] ; Act to continue an act or law of the General Assembly puKsod in October, 1778, entitled ' An act further to prevent monopolizing and engrossing and to provide for obtaining supplies for the Cont'nental Army, Navy, and the Militia of this State," id. January, 1780, p. 545 [p. 245]. Delaware: See Act to prevent forestalling and engrossing, and for other purposes therein mentioned. Acts of General Assembly ot Delaware, 4th Session, December 2,5, 1779 [p. 257]. Georuia: See Act to regulate and e.vtend the trade and commerce of this state and to establisli an insurance oifice for the encouragement thereof, and also to restrain the sale of merchandise by public auction within the state, September 16, 1777, 19 Colonial Records of Georgia, I't. 2, p. 72 [p. 279]. MarylanfJ : See Act to punish forestalling and engrossing, and for other purposes. Laws ot the State of Maryland, 1777, June Session, c. xi [p. 293] ; Act to amend the foregoing, id. 1777, October Session, c. xi [p. 300] ; Act to prevent forestalling and engrossing, and for other purposes therein mentioned, id. 1778, October Session, c. ylU FOOD CONTEOL ACT. 55 Sec. 7. That whenever any necessaries shall be hoarded ^f l^oardeij n«;' as defined in section six they shall be liable to be pro- ^^^'''^'^^• ceeded against in any district court of the United States within the district where the same are found and seized by a process of libel for condemnation, and if such neces- saries shall be adjudged to be hoarded they shall be dis- [p. 317] ; Act for the more effectual preventing forestalling and engross- ing, and for other purposes therein mentioned, 1779, July Session, c. xvli [p. 344] ; Act for the more effectual preventing forestalling and engrossing, and for other purposes therein mentioned, id. 1779, November Session, c. xviii [p. 370] ; Act to procure a supply of salt meat for the use of the army, id. 1780, .Tune Session, c. xxi [p. 391] ; Act to regulate auctions, id. 1780, October Session, c. xxx [p. 395]. Massachusetts: See Act to prevent monopoly and oppression. Original Acts and Laws, 1776, May Session, p. 78 [p. 427] ; Act in addition to and amending the foregoing, id. 1777, p. 129 [p. 429] ; Act for repealing the two foregoing ads, id 1777, p. 142 [p. 439] ; Act against monopoly and forestalling, 1779, id. p. 214 [p. 441] ; Act to prevent the withnolding of necessaries, etc., id. 1779, .Tune Session, p. 245 [p. 446] ; Act to continue an act entitled " An act against monopoly and forestalling," which act is near expiring, id. 1779, p. 257 [p. 452] ; Act continuing an act against monopoly and forestalling, id. 1780, May Session, p. 316 Lp. 454] ; Act reviving an act against monopoly and forestalling, id. 1781, May Session, p. 75 [p. 75]. iVew Hampshite: See Act in addition to au act entitled an Act for the regulating the prices of sundry articles therein enumerated, 4 Met- calf's Laws of New Hampshire 88 [p. 473] ; Act to encourage fair dealing and to restrain and punish sharpers and oppressors, 4 Metcalf's Laws of New Hampshire 139 [p. 477] ; Act to prevent monopoiy of corn, id. p. 209 [p. 479]. New Jersey: See Act for regulating and limiting the prices of sundry articles of produce, manufacture, and trade, and to prevent forestalling, regrating and engrossing, Acts of the State of New Jersey, December 11, 1777, c. 8 [p. 516] ; Act to suspend for a limited time the opera- tion of an act entitled " An act for regulating and limiting the price of labor and of sundry articles of produce, manufacture, and trade and to prevent forestalling, ngrating, and engrossing, id. June 22, 1778, c. 34 [p. 529] ; Act further to suspend the operation of an act entitled ' Aa a;'t for regulating and limiting the price of labor and of sundry ar^-cles of produce, manufacture, and trade, and to prevent forestallins. regrating, and engrossing," id. October 7, 1778, c. 42 [p. 530] ; Act further to suspend the operation of an act entitled " An act for regulating and limiting the price of labor and of sundry articles of proda e, manufacture, and trade, and to prevent forestalling, regrating, and engrossing," id. December 3, 1778, c. 5 [p. 531] ; Act to prevent engrossing, forestalling, and enhancing the prices of produce, manufacture and merchandise within this state, id. December 15, 1779, e. 11 [p. 532] ; Act for limiting the prices of various articles and to prevent the withholding from sale of the necessaries of life, id. December 21, 1779, c. 12 [p. 540] ; Act for suspending the opera- tion of an act entitled " An act for limiting the prices of various articles and to prevent the withholding from sale of the necessaries of life," id. February 26, 1780, c. 24 [p. 553] ; Act to repeal sundry acts restraining the trade and commerce of this state, June 8, 1781, N. J. Laws, V. II, p. 195 [p. 581]. Hew York: See Act to regulate the wages of mechanics and laborers, the prices of goods and commodities and the charges of innkeepers, within this state, and for other purposes therein mentioned, 1778, 1 Cook's N. Y. Laws 71 [p. 099] ; Act more effectually to provide supplies of flour, meal, and wheat for the .army, 1778. 1 Cook's N. Y. Laws 92 [p. 6051 ; Act more effectually to supply tbe army with flour, 1780, id. p. 200 [p. 630] ; Act for a general limitation of prices, and to prevent engrossing and withholding from this state, 1780, id. p. 210 [p. 640] ; Act to procure supplies for the army, etc., 1780, id. p. 266 ^^ CTJEREN'T EMEEGENCY LEGISLATIOIT, GO ■J'JU Procedure. Sale, etc. posed of by sale' in such manner as to pi'ovide the most equitable distribution thereof as the court may direct, and the proceeds thereof, less the legal costs and charges, shall be paid to the party [279] entitled thereto. The proceedings of such libel cases shall conform as near as may be to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any such case, and all such proceedings shall [p. 643] ; Act .... to repeal the laws prohibiting . the purchases . . of flour, meal, and wheat with intent to be sold again, 1780, Id. p. 292 [p. 659]. North Carolina; See Act for the more effectually preventing engross- ing and forestalling, for the encouragement of commerce and the fair trader, and for other purposes therein mentioned, 24 Clark's Laws of North Carolina, 1780, c. 4, p. 318 [p. 680] ; Act to repeal an act entitled " An act for the more effectually preventing engrossing and forestalling ; for the encouragement of commerce and the fair trader, and for other purposes therein mentioned," 24 Clark's Laws of North Carolina, 1780, c. 9, p. 354 [p. 689]. PenyisyHania: See Act to prevent forestalling and rcgrating, and to en- courage fair dealing, 1778, 9 Stats, at L. 177 [p. 708] ; Supplement to act entitled " an Act for the better supply of the armies of the TJnlled States," 1778, id. p. 199 [p. 725] ; Act supplemental to act first named above, 1778, id. p. 245 [p. 731] ; Further supplemental act to the foregoing, 1778, id. p. 293 [p. 738] ; Act for supplying the army of the United States and for other purposes therein mentioned, 1779, id. p. 373 [p. 747] ; Act for the more effectually preventing engrossing and forestalling, for the encouragement of commerce and the fair trader, and for other purposes therein mentioned, 1779, id. p. 421 [p. 761] ; Act repealing divers acts regarding the preventing of fore- stalling and regrating and the encouragement of fair dealing, 1780, id. p. 175 [p. 784]. Rhode Island: See Act to prevent monopolies and oppressions. Laws of Ehode Island, December, 1776, p. 30 [p. 830] ; Act additional to the foregoing, id. March, 1777, p. 24 [p. 832] ; Act to prevent monopolies and oppression, id. May, 1777, p. 17 [p. 842] ; Act repealing the fore- going, id. August, 1777, p. 7 [p. 851]. South Carolina: See Act to prohibit the sale of goods, wares, and mer- chandise at public vendue in this state, 1777, 4 Cooper's Stats, at L. 395 [p. 887] ; Act repealing the last named act, 1778, id. p. 402 [p. 892] ; Act bestowing powers on governor relating to vendues, 1780, 4 Cooper's Stats, at L. 504 [p. 902]. Virginia: See Act to prevent forestalling, regrating, engrossing, and public vendues, 1777, 9 Hening's Stats, at L. 382 [p. 942] ; Act for enabling the public contractors to procure stores of provisions necessary, etc., 1777, id. p. 385 [p. 945] ; Act to amend the act for preventing forestalling, regrating, engrossing, and public vendues, 1778, id. p. 581 [p. 952] ; Act to enable the Governor and Council to supply the armies and navies of the United States, and of their allies, with grain and flour, 1778, id. p. 584 [p. 955] ; Act to revive an act entitled " An act to amend an act for preventing forestalling, regrating, en- grossing, and public vendues," 1779, 10 Hening's Stats, at L. 157 [p. 961] ; Act for further continuing an act entitled " An act to amend an act for preventing forestalling, regrating. engrossing, and public vendues," 1781, id. p. 425 [p. 983]. '^Revolutionary War Statutes. New Hampshire: See Act in addition to an Act entitled "An Act for the regulating the prices of sundry articles therein enumerated," 4 Met- calf's Laws, p. 88 [p. 473]. South Carolina: See, for .nalogous power, Ordinance for the better defense and security of this state, during the recess of the General Assem- bly, 1780, 4 Cooper's Stats. 504 [p. 901]. FOOD CONTROL ACT. 57 be at the suit of and in the name of the United States. toSflys'to pros- It shall be the duty of the United States attorney for the''™"^' «*<=■ proper district to institute and prosecute any such action upon presentation to him of satisfactory evidence to sus- tain the same. Sec. 8. That any person who willfully destroys any punishment necessaries for the purpose of enhancing the price ora°6troy7n""nec^ restricting the supply thereof shall, upon conviction ''''^'^'"''"'' thereof, be fined not exceeding $5,000 or imprisoned for not morfe than two years, or both. Sec. t. That any person who conspires, combines. Punishment , , ; % , , . . f o r conspira- agrees, or arranges witn any other person (a) to limit cios respecting the facilities for transporting, producing, manufactur- 0£f™sesdes- 1 ■ . • ^ , f . ^ . *" . „ , ignated. mg, supplying, storing, or dealing in any necessaries; (b) to restrict the supply of any necessaries; (c) to restrict the distribution of any necessaries; (d) to prevent, limit, or lessen the manufacture or production of any necessaries in order to enhance the price thereof shall, upon con- viction thereof, be fined aot exceeding $10,000 or be im- prisoned for not more than two years, or both. Sec. 10. That the President is authorized, from time Requisition ,,• , ••i- j;ij!ij!i iji "' necessaries to time, to requisition foods, feeds, fuels, and other sup- (or puwic use, plies necessary to the support of the Army or the mainte- ^" ""^^ ' nance of the Navy, or any other public use connected with the common defense,^ and to requisition, or other- wise provide, storage facilities for such supplies ; ^ and Payment for. » See Executive Order No. 2736, October 23, 1917 [p. 187]. Resolutions of the Continental Congress. See Resolution regarding furnishing the Army with necessary supplies, November 4. 1775, III Journals of thf (."ontinental Congress [Library of Congress] 323 [p. 203] ; Eesolutlon regarding the seizure and destruc- tion of vessels m harbors, November 4, 1775, III id. 32G [p. 203J ; Reso- lution regarding the securing of arms and military supplies belonging to Tories, December 30, 1775, III id. 466 [p. 203] ; Res»lution regarding the seizure of arms and ammunition belonging to disaffected persons, January 3, 1776, IV id. 27 [p. 204] ; Same, March 14, 1776, IV Id. 205 fp. 204] ; Same, March 20, 1776, IV id. 220 [p. 205] ; Resolution regarding Im- pressment of carriages, October 10, 1776, VI id. 862 [p. 206] ; Resolu- tion regarding the collection of clothing for soldiers, November 26, 1776, VI id. 983 [p. 207] ; EesoJution regarding the Impressment of wagons, December 2, 1776, VI id. 1001 [p. 207] ; Resolution regarding the protec- tion of arms, ammunition, and clothing, Dec. 12, 1776, VI id. 1026; Resolution bestowing general impressment powers on Washington, De- cember 27, 1776, VI id. 1045 [p. 207] ; Resolution providing, inter' alia, for the appraisement of supplies seized, April 19, 1777, VII id. 283 [p. 208] ; Resolution forbidding the impressment of certain carriages, May 29, 1777, VIII id. 396 [p 208] ; Resolution recommending Impress- ment by the State of Pennsylvania of necessaries for the use of the Army, September 14, 1777, VIII id. 741 [p. 209] ; Resolution authorizing Washington tc exerc se generally powers of Impressment, September 2 See p. 64 for footnote 2. 58 CtTREENT EMERGENCY LEGISLATION". he shall ascertain and pay a just compensation therefor. ized"if amou''nt ^^ ^^'^ Compensation so determined be not satisfactory to not satisfae- the person entitled to receive the same, such person shall 17, 1777, VIII id. 751 [p. 209J ; Eesolutlon bestowing authorits' upon superior officers to impress articles named, October 6, 1777, IX id. 774 [p. 210] ; Resolution authorizing the commissary of hides to exercise power of Impressment, October 11, 1777, IX id. 794 [p. 2101 ; Resolution confirming powers of impressment in General Washing- ton, November 14, 1777, IX id. 905 [p. 210] ; Resolution regarding Impressment ot wheat In the field and the threshing of the same, November 24, 1777, IX id. 961 [p. 212] ; Resolution regarding the Impressment of supplies and wagons by Washington and the forced threshing of wheat, December 10, 1777, IX id. 1013 [p. 213] ; Reso- lution regarding the impressment of cattle liable to seizure by the enemy, December 15, 1777, IX id. 1028 [p. 214] ; Resolution request- ing states to enact legislation covering impressments, December 20, 1777, IX id. 1043 [p. 214] ; Resolution regarding methods of impress- ment, January 13, 1778, X id. 4B [p. 217] ; Resolution regarding impressment of wagons and limitation of prices for articles purchased. January 15, 1778, X id. 54 [p. 217] ; See, for instance of requisitioning rum for the use of the army. May 13, 1778, XI id. 491 [p. 218] ; Resolu- tion regarding the seizure of property belonging to alien enemies, October 22, 1778, XII id. 1055 [p. 222] ; Resolution regarding the securing of supplies for the Army, November 30, 1778, XII id. 1177 [p. 223] ; Reso- lution regarding payment for articles impressed, March 2, 1779, XITI id. 266 [p. 223] ; Resolution regarding return of goods requisitioned, March 12, 1779, XIII id. 308 [p. 224] ; Resolution regarding seizure of supplies purchased in Maryland by the French for their own use, January 17, 1780, XVI id. 67 [p. 225] ; Authorization to impress necessary provisions and forage. May 18, 1781, XX Id. 516 [p. 226] ; Resolution authorialng Impressment, June 4, 1781, XX id. 598 [p. 227]. Revolutionary War Statutes, Connecticut: See Act to compel the furnishing necessary supplies and assistance to the quartermaster general of the Continental Army, .-Vets and Laws, Conn., October, 1776, p. 507 [p. 243] ; Act to provide bar- racks for soldiers, id. January, 1778, p. 482 [p. 231] ; Act for obtaining supplies for the Continental Army, etc., id. October, 1778, p. 503 [p. 2411 ; Act to compel the furnishing of necessary supplies and assistance to the quartermaster general of forage of the Continental Army, Id. January, 1779, p. 511 [p. 244] ; Act to continue an act or law of the General Assembly passed in October, 1778, entitled "An act further to prevent monopolizing and engrossing and to provide tor obtaining supplies for the Continental Army, navy, and militia of this state," id. January, 1780, p. 645 [p. 245]. JJelairare: See Ait tor the quartering ot soldiers. Acts of General As- sembly of Delaware, 3rd Session, February 1, 1779 [p. 247] ; Act to prevent and punish the frauds and abuses in quartermasters and commis- sary's departments, and for ascertaining the pay ot impressed teams and of drivers, id. February 1st, 1779 [p. 254] ; Act for furnishing sup- plies within this state for the army of the United States for the ensuing canipaign, id. 4th Session, April 15, 1780 [p. 261] ; Act for procuring on immediate supply of provisions in this state for the army of the United States of America and for other purposes, id. 4th Session, June 21, 1780 [p. 269]. Georgia: See Act for the better security of this state by oldiging and making liable negro slaves to work on the several forts, batteries, or other public works within this slate. September 16, 1777, 10 Colonial Records of Georgia, Pt. 2, p. SO [p. 280] ; Act for the better ordering and regu- lating the militia ot this state, November 10, 1778, id. p. 103 llti [p. 284], FOOD CONTKOL ACT. 59 be paid seventy-five per centum of tlie amount so deter- mined by the President, and shall be entitled to sue the United States to recover such further sum as, added to said seventy-five per centum will make up such amount Maryland: See Act for quartering soldiers, Vt uruary. 1777, Original Laws of the State of Maryland, c. xlv [p. 290] ; Act to procure cloth- ing tor the quota of this state of the American Army, 1777, October Ses- sion, id. c. iv [p. 299] ; Supplementary act to the act entitled ■' An act to regulate the militia," 1777, October Session, id. c. xxi LP- 302] ; Act for the seryice of (he United States, 1778, March Session, id. c. 1, [p. 302] ; Act for enlarging the powers of the governor and council, March Session, 1778, id. c. xiii [p. 307] ; Act to prevent forestalling and engrossing, and for other purposes therein mentioned, 1778, October Session, id. c. viii [p. 322] ; Act for enlarging the powers of the Gov- ernor and council, 1778, October Session, id. c. x [p. 327] ; Act to continue the act 'of Assembly for enlarging the powers of the Governor and Council, and for other purposes therein mentioned, 1779, March Ses- sion, id. c. T [p. 335] ; Act for the more effectual preventing, fore- stalling, and engrosfaing, and for other purposes therein mentioned, .Tuly Session, 1779, id. c. xvii [p. 349] ; Act to continue the next to last foregoing act, 1779, July Session, id. c. xx [p. 357] ; Act enlarg- ing the powers of the Govo-nor and Council, 1779, November Ses- sion, id. c. xvii [p. 367] ; Act for the more effectual preventing forestalling and engrossing, and for other purposes therein mentioned, November Session, 1779, id. c. xviii [p. 372] ; Act for the immediate supply of flour and other provisions for the army, 1779, November Ses- sion, id. c. xxxli [p. 3821 ; Supplemental to Act eniitled "An Act for en- larging the powers of the governor and council," 1779, November Session, Id. c. xxxiv [p. 387] ; Act to authorize the commissioners appointed by the act for the immediate supply of flour and other provisions for the army, 1780, June Session, id. c. 1 [p. 387] ; Act to procure a supply of salt meat for the use of the army, 1780, June Session, id. c. xxl [p. 390] : Act to procure an Immediate supply of clothing and fresh provi- sions for the troops, and a sufficient number of horses for light horse and for carriages, 1781, May Session, id. c. v [p. 405] ; Act repealing ail acts of Assembly htretofnre made relative to the seizure of provisions or merchandise, 1781, November Session, id. u. xviii [p. 417]. Massachusetts: See Act to prevent monopoly and oppression 1776, May Session, Original Acts and Laws, p. 78 [p. 427] ; Act in addition to and for amending the foregoing, 1777, id. p. 129 [p. 429] ; Act to repeal the two foregoing acts, 1777, id. p. 142 [p. 439] ; Act to em- power the quartermaster general or his deputies within this common- wealth to impress such teams as may be found necessary to transport sup- plies to the army, 1781, April Session, id. c. xx p. 69 [p. 462], Hew Hampshire: See Act for regulating the prices of sundry articles therein enumerated, January 18, 1777, 4 Metcalf's Laws of New Hamp- shire 78 [p. 470] ; Same, id. p. 88 [p. 473] ; Act to prevent monopoly of corn, id. p. 209 [p. 479] ; Act for raising eleven thousand and two hun- dred weight of beef within this state for the use of the Continental Army, id. p. 307 [p. 482] ; * Act for raising one million and four hundred thou- sand pounds weight of beef toward the support of the Continental Army, id. p. 353 [p. 487] ; • Act for supplying the Continental Army with ten thousand gallons of West India Hum, id. p. 415 [p. 415]. Hew Jersey: See Act to procure certain articles of clothing for New Jersey troops. Acts of the State of New Jersey, November 25, 1777, c. 1 [p. 506] ; Act for regulating and limiting the prices of sundry articles of produce, manufacture, and trade, and to prevent forestalling, regrating, and engrossing, id. December 11, 1777, c. 8 [p. 516] ; Act for regulating the quartering of soldiers and furnishing of car- riages, horses, and other necessaries for the army, id. March 24, 1778, • Query as to exact nature of powers of impressment. 60 CURRENT EMERGENCY LEGISLATION. of '^d'i^s''t'r*i?'t^^ will be just compensation for such necessaries or stor- couits. ^gg space, and jurisdiction is hereby conferred on the United States District Courts to hear and determine all c. 15 [p. 517] ; Act to suspend for a limited time tlie operation of an act entitled '• An act for regulating and limiting the price of labor and of sundry articles of produce, manufacture, and trade, and to pre- vent forestalling, regrating, and engrossing," id. June 22, 1778, c. 34 [p. 529] ; Act further to suspend the operation of an act entitled " An act for regulating and limiting the price of labor and of sundry articles of produce, manufacture, and trade, and to prevent forestalling, regrating, and engrossing," id. October 7, 1778, c. 42 [p. 530] ; Act further to suspend the operation of an act for regulating and limiting the price of labor and of sundry articles of produce, manufacture, and trade, and to prevent forestalling, regrating, and engrossing, id. Decem- ber 3, 1778, c. 5 [p. 531] ; Act for limiting the prices of variou.s articles and to prevent the withholding from sale of the necessaries of life, id. December 21, 1779, c. 12 [p. 541] ; Act for procuring pro- visions for the use of the army and other supplies for carrying on the war, id. December 25, 1779, c. 17 [p. 547] ; Act to suspend the operation of an act entitled " An act for limiting the prices of various articles, and to prevent the withholding from sale of the necessaries of life," id. February 26, 1780, c. 24 [p. 553] ; Supplemental act to the act entitled " An act for procuring provisions for the use of the army and other supplies for carrying on the war," etc, etc., id. March 18, 1780. c. 33 [p. 554] ; Act for the more speedy and effectual pro- curement of supplies for the army, id. December 4, 1780, c. 3 [p. 562] ; Act to repeal sundry acts restraining the trade and commerce of this state, June 8, 1781, N. J. Laws, V. 2, p. 195 [p. 581] ; Act to repeal the several acts made and providing for the clothing of the troops belonging to this state in the service of the United States and for other purposes, October 5, 1781, id. p. 218 [p. 581]. For act giving' power to remove stores to prevent their falling into the hands of the enomv, see Act to restrain the exportation of pitch, tar. turpentine and othe-- naval stores, from the state of New Jersey, Acts of the state of New Jersey, Sept. 20, 1777, c. 42 [p. 500]. i\>MJ YorT:: See Act to secure supplies of shoes and stockings for the troops raised under the direction of the state [the act in effect author- izes placing a compulsory order], 1778, 1 Cook's N. Y. Laws 24 [p. 585] ; Act for regulating impresses of forage and carriages and for billeting troops within this state, 1778, id. 55 [p. 587] ; Act to regulate the wages of mechanics and laborers, the prices of goods and commodities and the charges of innholders, within this state, and for other purposes therein mentioned, 1778, 1 Cook's N. Y. Laws 71 [p. 600] ; Act more effectually to provide supplies of flour, meal, and wheat, 1778, id. p. 92 [p. 605] ; Act for procuring an immediate supply of flour for the army, 1779, id. p. 114 [p. 610] ; Act to pro- cure a further supply or shoes and stockings, for the troops raised under the direction of this state [the act in effect authorizes a com- pulsory order], 1779, id. 121 [p. 614] ; Act to amend an act for legulatin? impresses of forage and carriages; and for billeting troops within this slate, 1779, id. p. 134 [p. 616] ; Act for procuring an immediate supply ot flour and peas for the use of the army, 1779, id. p. 145 [p. 619] ; Act to revive and amend an act entitled " An act to amena an act for regulating impressses of forage and carriages and for billeting troops within this state " and for other purposes therein mentioned, 1779, id. p. 148 [p. 622] ; Act more effectually to carr.i' into execution the last foregoing act 1779, id. p. 155 [p. 625] ; Act for rcm''ving or destroying grain likely to fall into the enemy's hands, 1779, id. p. 160 [p. 626] ; Act to amend the act for procuring an immediate supply of flour and peas for the army, 1779, id. p. 160 [p. 626] : Act more effectually to supply the army with flour, 1780, id. p. 200 [p. 630] ; Act to revive, continue, and further amend the several laws relative to impressing teams, forage, and timber, and fuel, billeting troops, etc., 1789, id. p. 208 [p. 633] ; Act for a general FOOD CONTROL ACT. 61 such controversies: Provided, That nothing in this sec- Necess°iries tion, or in the section that follows, shall be construed to*p°^'^^^j,P"'^'J^^J require any natural person to furnish to the Government '^"^'"Pt- any necessaries held by him and reasonably required for limitatioD of prices, and to prevent engrossing and withholding, witliin this state, 1780, id. p. 210 [p. 640] ; Act authorizing the person administering the government of this state, to grant warrants of impress, 1780, id. p. 264 [p. 642] ; Act to procure supplies for the use of the army, and to prevent a monopolj' of cattle within this state, and more effectively to prevent supplies of cattle to the enemy, 1780, id. p. 266 [p. 643] ; Act to provide pasturage for the use of the army, 1780, id. p. 281 [p. 657] ; Act more effectually to draw forth the quota of supplies allottctl to this state, and to procure further supplies, etc., 1780, id. p. 292 [p. 659] ; Act to continue an act entitled " An act authorizing the person administoring the government of this state to grant warrants of impress," 1780, id. p. 298 [p. 663] ; Act to revive and further (o continue and amend the several laws relative to the impresse o^ reams, forage, timber, and fuel for the use of the army, 1780, id. p. 304 [p. 664] ; Act more effectually to collect the deficiencies in assessments of wheat, 1781, id. p. 339 [p. 667] ; Act to continue an act entitled " An act authorizing the person admin- istering the government of this state to grant warrants of impress," 1781, Id. p. 361 [p. 672] ; Act for obtaining a supply of flour for the army, 1781, id. p. 384 [p. 673] ; Act for the further direction of the state agent, with respect to forage, and the collection of specific supplies, 1782, id. p. 482 [p. 675]. Aorth Carolina: See .A.ct to amend ^n act entitled "An act to establish a militia in this state," Sec. XVIII, 24 Clark's Laws of North Carolina, c. 15, 1777, p. 113, 116 [p. 678] ; Act for levying a specific provision tax on the inhabitants of this state for the support of the army and navy of this and the United States in the southei*n department, id. 1780, c. 1, p. 344 [p. 683] ; Act to prevent the Impressment of boats, wagons, carta and other carriages employed in carrying salt and for other purposes therein mentioned, id. 1780. c. 5, p. 351 [p. 687] ; Act to enlarge the powers of tlie quartermaster general, id. 1781, c. 8, p. 381 [p. 692] ; Act to amend an act entitled " An act to prevent the impressment of boats, wagons, carts and other carriages employed in carrying salt, and for other purposes therein mentioned, id. 1781, c. 11, p. 383 [p. C93] ; Act to enable the governor, with the advice of the council of this state, to procure tobacco for the purpose of obtaining arms, and for other pur- poses, id. 1781, c. 13, p. 407 [p. 695] ; Act to compel all persons who have acted as commissaries or quartermasters in the militia line of this state to account for public stores, and for restraining impressments and for other purposes, id. 1782, c. 2, p. 417 [p. 697] ; Act for levying a specific provision tax for defraying contingencies and supporting the armies of the United States for the year 1782, id. 1782, c. 8, p. 434 [p. 700] ; Act to amend an act passed at the last session of the Gen- eral Assembly entitled " An act for levying a specific and pecuniary tax," id. 1782, c. 9, p. 437 [p. 704]. See also Act directing the duty of the naval officers, and for prohibiting the exportation of provisions for a limited time, and for other purposes, 24 Clark's Laws of North Carolina, e. VIII, 1781, p. 401 [p. 693]. Pennsylvania: See Ordinance respecting the arms of nonassociators, 1776, 9 Stats, at L. 11 [p. 705] ; Act for the regulation of wagons, carriages and pack horses for the public service, 1778, 9 Stats, at L. 181 [p. 712] ; Act for the better supply of the armies of the United States of America, 1778, 9 Stats, at L. 189 [p. 716] ; Supplemental act to the last named, 1778, Id. p. 199 [p. 725] ; Act supplemental to " Act for the regulation of wagons, carriages and pack horses lor the public service," 1778, 9 Stats, at L. 218 [p. 727]; Act repealing "an Act for the better supply of the Army of the United States of .\merica " and the supplement thereto, 1778, id. p. 283 [p. 736] ; Act forbidding the Impressment of wagons, 1778, id. p. 287 [p. 737] ; Act to con- 62 CURRENT EMERGENCY LEGISLATION. BeL'drnt'''aiso'"^^°'^'5^'™P*^°^ ^^ ^^^^ ^^ himself and dependents, nor shall any person, firm, corporation, or association be required to furnish to the Government any seed necessary for the seeding of land owned, leased, or cultivated by them. tinue, as well " an Act tor the regulation of wagons, carriages, and pack horses for the public service" as the supplement, and the further supple- ment to the said act, 1778, 9 Stats, at L. 302 [p. 743] ; Act for supplying the army of the United States and for other purposes therein mentioned, 1779, id. p 373 [p. 747] ; Act to amend an Act for the regulation of wagons and the supplement and further supplement to the said Act, 1779, 9 Stats, at L. 384 [p. 752] ; Act for more effectually preventing engrossing and forestalling, etc., 1779, id. p. 421 [p. 7t)5] ; Act for procuring an immediate supply of provisions for the purposes herein men'.ioned, 1779, id. p. 437 [p. 771] ; Act for procuring a supply of provisions and other necessaries tor the u-e of the army, 1780, 10 Sta(s. at L. p. 176 [p. 785] ; Act for procuring an immediate supply of provisions for th" Federal rrmy, in its present exigency, 1780, id. p. 214 [p. 791] ; Act to make more effectual provisions for the defense of this state, 1781, id. p. 361 [p. 812J. See as to impressment of trans- portation, wagons, and teams, for removing families of persons in the service of the United States, 1781, 10 Stats, at L. 361 [p. 812]. Rhode Island: See authorization to impress wagons, 1776, Laws of Ehode Island, p. 237 [p. 819] ; Act . . . for the tietter supply of our troops in the army with such necessaries as may be wanted, Decem- ber, 1776, id. p. 30 [p. 830] ; Act amending an act to prevent oppres- sions and monopolies, etc.. Laws of Rhode Island, March 1777, p. 24 [p. 832] ; Act to prevent monopoly and oppression, id. May, 1777, p. 17 [p. 842] ; Act repealing the last foregoing, id. August, 1777, p. 7 [p. 851] ; Act to provide stockings for the army, id. October, 1777, p. 11 [p. 854] : Act for supplying the army with forage, etc., Id. December, 1778, p. i6 [p. 857] ; Act repealing the foregoing act, id. January, 1779, p. 5 [p. 859] ; Act providing pasturage for cattle for French fleet, id. July, 1780, p. 21 [p. 864] ; Act apportioning a beef levy amongst the various towns of the state, id. January, 1781, p. 20 [p. 864] ; Act pro- viding teams for the French Army, id. May, 1781, p. 31 [p. 868] ; Act apportioning a beef levy, id. July, 1781. p. 9 [p. 809] ; Same, August, 1781. p. 36 [p. 872] ; Same, December, 1781, p. 28 [p. 876]. South Carolina: See Ordinance to direct the manner of procuring negroes to be employed in the public service, 1776, 7 Stats, at L. 428 [p. 879] ; Ordinancs to carry into effect the foregoing, 1777, 4 Stats, at L. 394 [p. 886] ; Ordinance for the better defense and security of this state, etc.. 1779, id. p. 504 [p. 903]. Vermont: See Act to prevent wrong by impresses, Acts and Laws of Ver- mont, February, 1779, p. 33 [p. 905] ; Act for the purpose of pro- curing provisions for the troops, etc.. id. [p. 907] ; See also Act to prevent the transportation of provisions out of this state, id. [p. 906]. Virginia: See ordinance for raising and embodying a sufficient force, for the defense and protection of this colony, 1775, 9 Hening's Stats, at L. 9, 24-25 [p. 915] ; Act providing against invasions and insurrections, 1777, id. p. 291, 293 fp. 036] ; Act for encouragement of iron works, 1777, id. p. 303 [p. 936] ; Act for speedily clothing the troops raised by ihis commonwealth, and now in continental service, 1777, id. p. 375 [p. 939] : Act authorizing the seizure of salt, 1777, id. p. 381 [p. 941] ; Act for enabling the public contractors to procure stores of provisions neces- sary for the ensuing campaign, and to prohibit the exportation of beef, pork, and bacon, for a limited time, 1777, id. p. 385 [p. 945] ; Act to enable the Governor and Council to supply the armies and navies of the United States, and of their allies, with grain and flour, 1778, id. p. 584 [p. 955] ; Act for more effectually supplying the ofiBcers, soldiers, and sailors of the commonwealth, with the articles necessary for their comfortable accommodation, 1779, 10 Hening's Stats, at L. 71 ; Act continuing an act for supplying grain and flour to allies, supra, 1779, id. p. 107 tp. 907] ; Same, 1779, id. p. 142 [p. 958] ; Act to embody militia for FOOD CONTROL ACT. 63 Sec. 11. That the President is authorized from timegj^P»';j«^^as^j to time to purchase, to store, to provide storage facilities J.j""^"^'^^?^^*^- for, and to sell for cash at reasonable ^jrices, wheat, flour, states. the relief of South Carolina, and for other purposes, 1780, Id. p. 221, 224 [p. 962] ; Act for procuring a supply of provisions, and other neces- saries foi the use of the army, 1780, id. p. 233 [p. 963] ; Act for recruiting this state's quota of troops to serve in the continental army, 1780, id. p. 326, 335 [p. 969j ; Act for supplying the army with clothes, provisions, and wagons, 1780, id. p. 338 [on the principle of a compulsory order] [p. 969] ; Act to revive and amend the act entitli'il "An act for procuring a supply of provisions and other necessavips for the use of the armies, 1780, id. p. 344 [p. 975] ; Act to remedy incon- veniences arising from interruption in execution of an act for recruiting this state's quota of troops for service in the continental army, and an act for supplying the army with clothes, provisions, and wagons, 1781, id. p. 393 [p. 979] ; Act for giving certain powers to the governor and connciJ, and for punishing those who shall oppose the execution of laws, 1781, id. pp. 413, 414, 416 [p. 982] ; Act to empower the Governor and Council to fix the value of provisions impressed for the use of the army, 1781, id. p. 437 [p. 984] ; Act for adjusting claims for property taken or impressed for public service, 1781, id. p. 468 [p. 986] ; Act for supplying the southern army with wagons and horses, 1781, id. p. 482 [p. 987] ; Act to regulate Impresses, 1781, Id. p. 496 [p. 988]. Federal Statutes — Mexican War. See Act to amend an Act entitled " an Act to provide for the payment of horses or other property lost or destroyed in the military service of the United States," approved the eighteenth day of January, eighteen hundred and thirty-seven, March 2, 1847, 9 Stats. 154 [p. 1024]. Confederate Statutes — Civil War. See Act relative to telegraph lines in the Confederate States, May 11, 1861, Provisional Congress, Sess. II, c. 9, p. 106 [p. 1026] ; Act to amend an Act relative to telegraphic lines of the Confederate states, approved May, one thousand eight hundred and sixty-one. May 21, 1861, id. c. 36, p. 124 [p. 1028] ; Act to regulate the destruction of prop- erty under military necessity, and to provide for the indemnity thereof, March 17, 1862, First Congress, Session 1, c. 5, p. 2 [p 1031] ; Act to regulate impressments, March 26, 1863, id. Sess. Ill, c. 10, p. 102 [p. 3 033] ; Act to amend an Act entitled " an Act to regulate impressments by officers of the Army," April 27, 1863, id. c. 44. p. 127 [p. 1038] ; Act to amend an " Act to regulate impressments," approved March 26, 1863, and to repeal an Act amendatory thereof approved April 27, 1863, February 16, 1864, id. Sess. 4, c. 43, p. 192 [p. 1046]; Act to authorize the impiessraent of meat for the use of the Army under certain conditions, February 17, 1864, Id. Sess. 4, c. 52, p. 196 [p. 1047] ; Act to increase the efficiency of the Army by the employment of free negroes and slaves In certain capacities. Sec. 3, February 17, 1864, id. Sess. 4, c. 79, p. 235 tp. 1049]. Federal Statutes — Civil War. See resolution providing for the payment ot awards of the Commission to Investigate the miliiary claims in the Department of the West, March 11, 1862, 12 Stats. 615 [p. 1064] ; Act to provide for the collection of abandoned property, and for the prevention of frauds in insurrection- ary districts within the United States, March 3, 1863, 12 Stats. 820 [p. 1068] ; Act to authorize the Secretary of the Treasury to stipulate for the release from attachment or other process, of property claimed by the United States, and tor other purposes, June 11, 1864, 13 Stats. 122 [p. 1075] ; Act to amend an Act entitled " An Act to provide for the payment of horses and other property destroyed in the military service of the United States," June 25, 1864, 13 Stats. 182 [p. 1076], 64 CUEEENT EMEEGENCY LEGISLATION. sfinTm .1 m "^^al, beans, and potatoes:^ Provided, That if any mini- ^"'^^'^' mum price shall have been theretofore fixed, pursuant to the provisions of section fourteen of this Act, then the price paid for any such articles so purchased shall not ceipts "f'ro'^m^^ ^^^^ than such minimum price. Any moneys received sales. )3y ^j^g United States from or in connection with the dis- jjosal by the Ui.ited States of necessaries under this sec- tion may, in the discretion of the President, be used as a revolving fund for further carrying out the purposes of this section. Any balance of such moneys not used as part of such revolving fund shall be covered into the Treasury as miscellaneous receipts, take" over ''and Sec. 12. That whenever the President shall find it operate plants . i j i i* to mamitactiire uecessary to secure an adequate supply of necessaries necesdaries, etc. /• .i j. j? j.i a j_i ■ i_ £ j.i tor the support ot the Army or the maintenance of the Navy, or for any other public use connected with the common defense, he is authorized to requisition and take over, for use or operation by the Government, any factory, packing house, oil pipe line, mine, or other plant, or any part thereof, in or through which any neces- saries are or may be manufactured, produced, [280] pre- ''See Executive Order No. 2736, October 23, 1917 [p. 187]. Resolutions of the Continental Congress. See Resolution bestowing authority upon subordinate officers to im- press articles named, October 6, 1777, IX Journals of the Continental Congress [Library of Congress] 774 [p. 210], Revolutionary War Statutes. Pennsylvania: See Act regulating the impressment of storage for wheat and flour, 1780, 10 Stats, at L. 176 [p. 787]. Virginia: See Act for procuring a supply of proyisions and other neces- saries for the use of the army, 1780, 10 Hening's Stats, at L. 233, 236 [p. 966], Confederate Statutes — Cwil War. See Act to prohibit the importation of luxuries or of articles not neces- saries or of common use, February 6, 1864. First Congress, Sess. 4, c. 23, p. 179 [p. 1039] ; Act to amend an Act entitled " An Act to prohibit the importation of luxuries or of articles not necessaries or of common use," approved February 6, 1864, Second Congress, Sess. I,' June 14, 1864, C. 56, p. 280 [p. 1051]. » See Executive Order No. 2681, August 14, 1917 [p. 174]. Revolutionary War Statutes. Maryland: For act authorizing justices of the peace to sell salt taken from engrossers, see Act for the more effectual preventing forestalling and engrossing, and for other purposes therein mentioned, November Ses- sion, 1779, Laws of the state of Maryland, c. xviii [p. 374]. FOOD CONTROL ACT. 65 pared, or mined, and to operate the same/ Whenever ^^f^^^^^gj''*" the Preadent shall determine that the further use or operation by the Government of any such factory, mine, or plant, or part thereof, is not essential for the national security or defense, the same shall be restored to the person entitled to the possession thereof. The United ^jj|^''™P^®°i|g*; States shall make just compensation, to be determined g'^*^^ ^y *« by the President, for the taking over, use, occupation, and operation by the Government of any such factory, mine, or plant, or part thereof. If the compensation S0ij,e|"\f amount determined be unsatisfactory to the person entitled to^^"^ satisfac- receive the eame, such person shall be paid seventy-five per centum of the amount so determined by the Presi- dent, and shall be entitled to sue the United States to recover such further sum as, added to said seventy-five ^q|'^'-^ 36, pp. per centum, will make up such amount as will be just compensation, in the manner provided by section twenty-four, paragraph twenty, and section one hun- dred and forty-five of the Judicial Code. The Presi-^egOfattonsV^' dent is authorized to prescribe such regulations as he may deem essential for carrying out the purposes of this section, including the operation of any such factory, mine, or plant, or part thereof, the purchase, sale, or other disposition of articles used, manufactured, pro- duced, prepared, or mined therein, and the employment, control, and compensation of employees.^ Any moneys ^g^°5*re°Sp°si etc. 'Revolutionary War Statutes. New Jersey: See Act to empower certain commissioners tlierein named to take possession of and lease out certain iron worlss, id. June 20, 1778, c 30 [p. 525]. New York: See Act authorizing Impressment of grist mills etc., 1779, 1 Cools's N. T. Laws 114 [p. 612] ; Act authorizing impressment of threshing Implements and barns^and the threshing of wheat, id. 145 [p. 621] ; Act to procure supplies for the use of the army, etc., 1780, id. p. 266 [p. 648]. Pennsylvania: See Act authorizing impressment of grist mills, 1780, 10 Stats, at L. 176 [p. 785]. Also, for act empowering private In- diTidual to talje over threshing establishment, see Act for supplying the army of the United States and for other purposes therein mentioned, 1779, 9 Stats, at L. 373 [p. 750]. 'Resolutions of the Continental Congress. See Kesolutlon regarding the impressment of supplies and wagons by Washington and the forced threshing of wheat, December 10, 1777, IX Journals of the Continental Congress [Library of Congress] 1013 [p. 213]. Revolutionary War Statutes. Connecticut: See Act for the regulation of prices of labor etc., Acts and Laws, Connecticut, February, 1778, p. 485 [p. 233] ; Act suspend- ing the foregoing, id. May, 1778, p. 499 [p. 240] ; Act repealing the fore- going, id. October, 1778, p. 505 [p. 242]. Maryland. As to impressment of drivers of teams, see supplemental act to act to regulate the militia, 1777, October Session, c. xzl 37639°— 18 5 Balancea. 66 CTJERENT EMEEGENCY LEGISLATION. received by the United States from or in connection with the use or operation of any such factory, mine, or plant, or part thereof, may, in the discretion of the President, be used as a revolving fund for the purpose of the continued use or operation of any such factory, mine, or plant, or part thereof, and the accounts of each such factory, mine, plant, or part thereof, shall be kept separate and distinct. Any balance of such moneys not [p. 302] ; Act for the service of the United States, 1778, March Session, Laws of State of Maryland, c. 1 [p. 306] ; Act for enlarging the powers of the Governor and Council, 1778, March Session, Id. c. xill [p. 310] ; Act for enlarging the powers of the governor and council, October Session, 1778, id. e. x [p. 329] ; Act for the Immediate supply of flour and other provisions for the army, November Session, 1779, Id. c. xxxil [p. 384] ; Supplement to act for regulating the powers of the governor and council, November Session, 1779, id. c. xxxlv [p. 387]. Massachusetts: See Act to prevent monopoly and oppression, fixing prices of farming labor, mechanics, tradesmen, and other labor, 1776, May Session, Original Acts and Laws, p. 78 [p. 420] ; Act in addi- tion to and amending the foregoing, 1777, id. p. 129 [p. 429] ; Act empowering the impressment of teams and drivers, 1781, April Session, id. p. 69 [p. 462]. New Ha/mpshire: See Act for regulating the prices of sundry articles therein enumerated, 4 Metcalf's Laws of New Hampshire 78 [p. 469] ; Act in addition to above, id. p. 88 [p. 472]. New Jersey: See Act for regulating and limiting the prices of sundry articles of produce, manufacture, and trade, and to prevent forestalling, regrating, and engrossing, Acts of the State of New Jersey, December 11, 1777, t. 8 [p. 514] ; Act for the better regulating the quartering of soldiers, and furnishing of carriages, horses, and other necessaries for the army, March 24, 1778, id. c. 15 [p. 520] ; Act to suspend for a limited time the operation of an act entitled "An act for regulating and limiting the price of labor and of sundry articles of produce, manufacture, and trade, and to prevent forestalling, regrating, and engrossing," id. June, 22, 1778, c. 34 [p. 529] ; Act further to suspend the operation of an act for regulating and limiting the price of labor and of sundry articles of produce, manufacture, and trade, and to prevent forestalling, regrating, and engrossing, id. October 7, 1778, c. 42 [p. 530] ; Act further to suspend the operation of an act entitled "An act for regulating and limit- ing the price of labor and of sundry articles of produce, manufacture, and trade, and to prevent forestalling, regrating, and engrossing," id. Decem- ber 3, 1778, c. 5 [p. 531] ; Act foj limiting the prices of various articles and to prevent the withholding from sale of the necessaries of life, id. December 21, 1779, c. 12 [p. 536] ; Act for suspending the operation of an act entitled "An act for limiting the prices of various articles and to prevent the withholding from sale of the necessaries of life," id. February 26, 1780, t. 24 [p. 553] ; Act to repeal sundry acts restraining the trade and commerce of this state, June 8, 1781, N. J. Laws, V. 2, p. 195 [p. 581]. New York: See Act for regulating impresses of forage and carriages and for billeting troops within this state, 1778, 1 Cools's N. Y. Laws, 55 [p. 592] ; Act to regulate the wages of mechanics and laborers, etc., 1778, 1 Cooli's N. Y. Laws 71 [p. 595] ; Act suspending the foregoing, 1778, Id. p. 83 [p. 601] ; Act repealing the act to regulate wages, etc., 1778, id. p. 90 [p. 603] ; Act to revive and amend an act entitled " An act to amend an act for regulating impresses of forage and carriages and billeting troops in this state and for ether purposes therein mentioned, 1779, id. p. 148 [p. 622] ; Act reviving and continuing and further amending acts relative to impressing teams, etc., 1780, id. p. 208 [p. 633] ; Act for a general limitation of prices, etc., 1780, id. p. 210 FOOD OOlirTROL ACT. 67 used as part of such revolving fund shall be paid into the Treasury as njiscellaneous receipts. Sec. 13. That whenever the President finds it essen- boards*of trldel tial in order to prevent undue enhancement, depression, ®'°" or fluctuation of prices of, or in order to prevent injurious speculation in, or in order to prevent unjust market ma- nipulation or unfair and misleading market quotations of the prices of necessaries, hereafter in this section called evil practices,* he is authorized to prescribe such regula- Regulations ^ . '^ , . authorized t o tions governing, or may either wholly or partly prohibit, govern dealing operations, practices, and transactions at, on, in, or under at. tp. 636] ; Act authorizing the person administering the goyernment of this state to grant warrants of Impress, 1780, id. p. 264 [p. 642]. Pennsylvania: See supplement to act entitled " an Act for the regulat- ing of wagons, carriages, and pack horses for the public service," 1778, 9 Stats, at Ij. 218 [p. 727] ; Act for regulating the prices of the several articles herein mentioned, for a limited time, 1778, Id. p. 236 [p. 729] ; Act suspending foregoing, 1778, id. p. 249 [p. 733] ; Act supplemental to " Act for the regulation of wagons, carriages, and pacls horses for the public service," 1778, Id. p. 287 [p. 737] ; Act amending certain acts rela- tive to wagons, 1779, Id. p. 384 [p. 755]. Rhode Island: See Act to prevent monopolies and oppressions, by ex- cessive and unreasonable prices for many of the necessaries and conven- iences of life, etc., Laws of Rhode Island, December, 1776, p. 30 [p. 823] ; Act additional to an act to prevent monopolies and oppressions, etc.. Laws of Rhod^ Island, March, 1777, p. 24 [p. 832] ; Act to prevent monopolies and oppressions, id. May, 1777, p. 17 [p. 835] ; Act repealing the foregoing, id. August, 1777, p. 7 [p. 851]. Virginia: See, as to impressing artificers, ordinance for raising troops, 1775, 9 Hening's Stats, at L. 9, 24r-25 [p. 915] ; Act for providing against invasions and insurrections, 1777, id. p. 291, 293 [p. 936] ; Ae to Impressing tailors, shoemakers, etc., see Act for speedily clothing troops, etc., 1777, id. p. 375 [p. 940] ; Act to empower the commis- sioners of the gun manufactory at Fredericksburg to take apprentices therein, 1777, Id. p. 426 [p. 946] ; Act to embody militia for the re- lief of South Carolina, etc., 1780, 10 Hening's Stats, at L., 221, 224 [p. 962] ; Act for procuring a supply of provisions and other neces- saries for the use of the army, 1780, id. p. 233 [p. 966] ; Act for re- cruiting this state's quota of troops to serve in the continental army, 1780, id. p. 326, 335 [p. 969] ; Act to exempt artificers employed in iron works from militia duty, 1781, 10 Hening's Stats, at L. 397 [p. 981] ; Act giving certain powers to governor and council, 1781, id. p. 413, 414, 416 [p. 982] ; Last named act continued, 1781, id. p. 425 [p. 983] ; Same act further continued, 1781, id. p. 444 [p. 985]. ^Revolutionary War Statutes. Georgia: See Act to regulate and extend the trade and commerce of this State and to establish an insurance office for the encouragement thereof and also to restrain the selling of merchandise by public auction within the same, Sept. 16, 1777, 19 Col. Records of Georgia, Pt. II, p. 72 [p. 279]. Maryland: See Act to punish forestalling and engrossing, and for other purposes, June Session, 1777, Laws of the State of Maryland, u. XI [p. 296] ; Same, October Session, 1778, c. VIII [p. 321] ; Same, July Session, 1779, c. XVII [p. 348] ; Same, November Session, 1779, c. XVIII [p. 372] ; Act to regulate auctions, October Session, 1780, c. XXX [p. 395]. Massachusetts: See Act to prevent the selling of goods at public vendue. Original Acts, 1777, p. 139 [p. 437] ; Continued, Id. 1777, p. 146 [p. 430 ; Revived, id. 1778, p. 165 [p. 440] ; Act to prevent tile sale of 68 CURRENT EMERGENCY LEGISLATION. the rules of any exchange, board of trade, or similar institution or place of business as he may find essential in order to prevent, correct, or remove such evil practices, accounts \o be Such regulations may require all persons coming within ^^ ' their provisions to keep such records and statements of accbimt, and may require such persons to make such re- turns, verified under oath or otherwise, as will fully and correctly disclose all transactions at, in, or on, or under the rules of any such exchange, board of trade, or similar institution or place of business, including the making. Clearing execution, settlement, and fulfillment thereof. He may house transac- . ,, . . , • n i tions. also require all persons acting m the capacity of a clear- ing house, clearing association, or similar institution, for the purpose of clearing, settling, or adjusting transac- tions at, in, or on, or under the rules of any such ex- change, board of trade, or similar institution or place of business, to keep such records and to make such returns as will fully and correctly disclose all facts in their pos- session relating to such transactions, and he may appoint vestP^te *etc° ^.gents to conduct the investigations necessary to enforce the provisions of this section and all rules and regula- tions made by him in pursuance thereof, and may fix fo/rtoiations* ^^^ P^7 *^® Compensation of such agents. Any person goods at public auction, Id. 1779, p. 212 [p. 440] ; Added to. Id. 1779, p. 229 tp. 445] ; Continued, Id. 1780, p. 271 [p. 453] ; Act to regulate the sale of goods at public vendue and to limit the number of auctioneers, Id. 1780, p. 48 [p. 458] ; Added to. Id. 1781, p. 54 [p. 460] ; New Hampshire: See Act to prohibit the selling of goods at public vendue, 4 Metcalf's Laws of New Hampshire, 115 [p. 476] ; Same, Id. p. 211 [p. 480]. Pannaylvania: See Act to prohibit the sale of goods, wares and mer- chandise by public vendue and to regulate peddlers and hawkers in this state, 1777, 9 Stats, at L. 136 [p. 706] ; Act for more effectually preventing engrossing and forestalling, for the encouragement of com- merce and the fair trader, and for other purposes therein mentioned, 1779, id. p. 421 [p. 761] ; Act for effectual suppression of public auctions and vendues, and to prohibit male persons, capable of bearing arms from being peddlers or hawliers, 1779, 10 Stats. L. 16 tp. 775] -, Act amendatory thereof, 1780, id. p. 81 [p. 783] ; Same, 1780, Id. p. 229 [p. 795] ; Supplement thereto, 1782, id. p. 468 [p. 817], Rhode Island: See Act to prevent monopolies and oppression, etc. De- cember, 1776, Laws of Rhode Island, p. 80 [p. 829]. South Carolina: See Act to prohibit the sale of goods, wares and mer- chandises, by public vendue In this state, 1777, 4 Cooper's Stats. 395 [p. 887] ; Act repealing above and otherwise regulating the same practice, 1778, Id. p. 402 [p. 892] ; Ordinance for the better defense and security of this state, during the recess of the general assembly, 1779, id. p. 504 [p. 902]. Virginia: See Act to prevent forestalling, regrating, engrossing, and public vendues, 1777, 9 Hening's Stats. 382 [p. 943] ; Same revived, 1779, 10 Hening's Stats, at li. 157 [p. 961] ; Continued, 1781, Id. p. 425 [p. 983]. FOOD CONTROL ACT. 69 who willfully violates any regulation made pursuant to this section, or who knowingly engages in any operation, practice, or transaction prohibited pursuant to this sec- tion, or who willfully aids or abets any such violation or any such prohibited operation, practice, or transaction, shall, upon conviction thereof, be punished by a fine not exceeding $10,000 or by imprisonment for not more than four years, or both. [2811. Sec. 14. That whenever the President shall find wheat. , .- .. .,. », Guaranteed that an emergency exists requiring stimulation or t^epiice to be es- production of wheat ^ and that it is essential that the by pubUc no- , . •in *''^®' *° stlmu- producers of wheat, produced within the Ui-ited States,' ate produc- shall have the benefits of the guaranty provided for in ^ Resolutions of the Continental Congress, See Resolution of the Congress regarding the securing of supplies of powder, June 10, 1775, II Journals of the Continental Congress [Library of Congress] pp. 85-86 [p. 201] ; Resolution modifying non-exporta- tion agreement, July 15, 1775, II id. 184 [p. 202] ; Resolutions pro- viding for the publication of the last foregoing, October 26, 1775, III id. 306 [p. 202]. Revolutionary War Statutes, Oeorgia: See Act to regulate and extend the trade and commerce of this state and to establish an Insurance office for the encouragement thereof, etc., Sept. 16, 1777, 19 Col. Records of Georgia, Pt. II, p. 72 [p. 276]. Maryland: See Act to punish forestalling and engrossing, and for other purposes, June session, 1777, c. 11 [p. 298] ; Act to encourage the importation of salt within the state, 1780, October Session, Laws of the state of Maryland, e. 20 [p. 394]. New Jersey: See Act to encourage the making of salt in the State of New Jersey, Acts of the State of New Jersey, October 7, 1777, c. 51 [p. 502] ; Act for granting a bounty upon wool, flax, and hemp raised and sold within the State of New Jersey, id. April 14, 1778, c. 21 [p. 524] ; Act for encouraging the manufacture of paper in the state of New Jersey, id. June 20, 1778, c. 32 [p. 528]. North Carolina: See Act for encouraging the importation of arms, am- munition, and other warlilje stores, and for other purposes, 24 Clarlj's Laws of North Carolina, 1781, c. 7, p. 380 [p. 690]. Rhode Island: See Act encouraging the manufacture of saltpetre and gunpowder. Laws of Rhode Island, January, 1776, p. 246 [p. 819] ; Act granting a bounty on salt, id. May, 1776, p. 49 [p. 822]. South Carolina: See, as to advancing government funds for building iron manufactories, 1778, 4 Cooper's Stats. 404 [p. 893]. Virginia: See Ordinance for providing arms and ammunition for the use of this colony, 1775, 9 Hening's Stats. 71 [p. 916] ; Act for the encouragement of iron works, 1777, 9 Hening's Stats, at L. 303 [p. 936] ; Act to encourage the importation of salt, 1779, 10 Hening's Stats, at L. 150 [p. 960] ; Act to exempt artificers employed in iron works from militia duty, 1781, id. p. 397 [p. 981] ; Same continued, 1781, id. p. 425 [p. 983] ; continued, 1781, id. p. 444 [p. 985]. Confederate Statutes — Civil War, See Act to provide for the connection of the railroad from Selma, in Alabama, to Meridien, in Mississippi, February 15, 1862, Provisional Con- gress, Sess. V, c. 82, p. 276 [p. 1030] ; Act to encourage the manu- facture of saltpetre and of small arms, April 17, 1862, First Congress, Sess. I, t. 34, p. 33 fp. 1031] ; Joint Resolution relating to the production of provisions, April 4, 1863, First Congress, Sess. Ill, Res. 2, p. 166 [p. 10381 ; Act to authorize the manufacture of spirituous liquors for the use of the Army and hospitals, June 14, 1864, Second Congress, Sess 1, c. 41, p. 271 [p. 1051]. 70 CUERENT EMERGENCY LEGISLATION. this section, he is authorized, from time tc time^ season- ably and as far in advance of seeding time as practicable, to determine and fix and to give public notice of what, under specified conditions, is a reasonable guaranteed price for wheat, in order to assure such producers a rea- sonable profit. The President shall thereupon fix such Conformable guaranteed price for each of the official grain standards Vol. 39, 'p. for wheat as established under the United States grain 482 standards Act, approved August eleventh, nineteen hun- Reguiation8^j.g^ and sixtccn.* The President shall from time to governing, etc., to be Issued, tiiae establish and promulgate such regulations as he shall deem wise in connection with such guaranteed prices, and in particular governing conditions of delivery and payment, and differences in price for the several standard Basis. grades in the principal primary markets of the United States, adopting number one northern spring or its equivalent at the principal interior primary markets as Price to pro- the basis. Thereupon, the Government of the United duccr. States hereby guarantees every producer of wheat pro- duced within the United States, that, upon compliance by him with the regulations prescribed, he shall receive for any wheat produced in reliance upon this guarantee within the period, not exceeding eighteen months, prescribed in the notice, a price not less than the guaranteed price there- T e r m s and for as fixed pursuant to this section. In such regulations the President shall prescribe the terms and conditions upon which any such producer shall be entitled to the Minimum benefits of such guaranty. The guaranteed prices for of 1918. the several standard grades of wheat for the crop of nine- teen hundred and eighteen, shall be based upon number one northern spring or its equivalent at not less than $2 per bushel at the principal interior primary markets. Guaranty ab-This guaranty shall not be dependent upon the action of the President under the first part of this section, but is hereby made absolute and shall be binding until May first, nineteen hundred and nineteen. When the Presi- dent finds that the importation into the United States of any wheat produced outside of the United States ma- terially enhances or is likely materially to enhance the liabilities of the United States under guaranties of prices therefor made pursuant to this section, and ascertains > See, generally, for prlce-flxUg statutes, Sec. 25, Food Control Act, p. 76. FOOD CONTROL ACT. 71 what rate of duty, added tu the then existing rate of duty on^imports* aS on wheat and to the value of wheat at the time of impor- m'iintein''price° tation, would be sufficient to bring the price thereof at which imported up to the price fixed therefor pursuant to the foregoing provisions of chis section, he shall pro- claim such facts, and thereafter there shall be levied, col- lected, and paid upon wheat when imported, in addition to the then existing rate of duty, the rate of duty so as- certained; but in no case shall any such rate of duty be ^3^ "reduced"^ fixed at £,n amount which will effect a reduction of the rate of duty upon wheat under any then jxisting taritt' law of the United States. For the purpose of making sale," etc!',^^fy any guaranteed price elective under this section, orj^ent to°^sua- whenever he deems it essential in order to protect the**'" guaranty. Government of the United States against material en- hancement of its liabilities arising out of any guaranty under this section, the President is authorized also, in his discretion, to purchase any wheat for which a guar- anteed price shall be fixed under this section, and to hold, transport, or store it, or to sell, dispose of, and deliver the same to any citizen of the United States or to any Disposition. Government engaged in war with any country with which the Government of the United States is or may be at war ^ or to use the same as supplies for any department or agency of the Government of the United States. Any continuing . . •' use of receipts moneys received by the United States from or m connec- tion with the sale or disposal of wheat under this section may, in the [282] discretion of the President, be used as a revolving fund for further carrying out 'ue purposes of this section. Any balance of such moneys not used Balances, as part of such revolving fund shall be covered into the Treasury as miscellaneous receipts. ' Revolutionary War Statutes. Hew York: See Act authorizing certain persons to make contracts on belialf of this state, with respect to provisions to be procured within the same, for public uses, 1780, 1 Cook's N. Y. Laws, p. 318 [p. 665]. Rhode Island: See act providing pasturage for cattle of French forces, July, 1780, Laws of Rhode Island, p. 21 [p. 864] ; Act providing teams for the French Army, May, 1781, Id. p. 31 [p. 868]. Pennsylvania: See Act for procuring an immediate supply of provisions for the purposes therein mentioned, 1779, 9 Stats, at L. 437 [p. 771]. Virginia: See Act to enable the governor and council to supply the armies and navies of the United States and of their allies with grain and flour. 1778, 9 Henlng's Stats, at L. 584 [p. 955] ; Act continuing the act above named, 1779, 10 Henlng's Stats, at L. 107 [p. 957] ; Same, 1779, id. p. 142 [p. 958] ; Act reviving first named act, 1781, id. p. 426 [p. 984]. 72 CURRENT EMERGENCY LEGISLATION. Bpiri'J.*'"^^ Sec. 15.1 That from and after thirty days from the etc?^ to *°p?o: date of the approval of this Act no foods, fruits, food erages '"forbidl materials, or feeds shall be used in the production of ^^'^' distilled spirits for beverage purposes : Provided, That under such rules, regulations, and bonds as the Presi- Ariowed*' If dent may prescribe, such materials may be used in the ales '"' ^^^^^' production of distilled spirits exclusively for other than beverage purposes, or for the fortification of pure sweet wines as defined by the Act entitled "An Act to increase wines. '°'*"^ the revenue, and for other purposes," approved Septem- 785.°'' ^^' '"' ber eighth, nineteen hundred and sixteen. Nor shall there be imported into the United States any distilled '^Revolutionary War Btatutes. Connecticut: See Act continuing an act for preventing the distilling of spirituous liquors from grain, October, 1778, p. 506 [p. 242]. Delaware; See act to prohibit for a limited time the distilling of whiskey and other spirits from wheat, rye, or any other sort of grain, or from any meal or flour. Acts General Assembly of Delaware, 3rd Session, February 1, 1779 [p. 250]. Maryland: See act to prevent distilling grain into spirit, 1778, Laws of State of Maryland, October Session, c. 19 [p. 332] ; Act supple- mental to the foregoing, 1779, March Session, id. c. 1 [p. 334] ; Act to continue the foregoing, 1779, July Session, id. c. 1 [p. 338] ; Act to prevent distilling grain into spirits, 1779, November Session, id. c. 26 [p. 380]. Massachusetts: See Act to prevent the pernicious practice of distilling into any kind of spirits whatever, cider, wheat, Indian corn, rye, barley, and oats or either of them, 1777, May Session, Original Acts and Laws, p. 140 [p. 438]. New Jersey: See Act to prevent the distilling of wheat, rye, and other grain. Acts of State of New Jersey, March 14, 1777, c. 19 [p. 497 J ; Act to suspend the operation of an act entitled "An act to prevent the distilling of wheat, rye, and other grain," id. June 6, 1777, c. 32 [p. 498]. New York: See Act to prohibit the distilling of spirituous liquors from grain, 1779, 1 Cook's N. Y. Laws 112 [p. 609] ; Act repealing an act en- titled " An act to prohibit the distilling of spirituous liquors for grain," 1781, id. p. 383 [p. 672]. Pennsylvania: See Act to prohibit for a limited time the making of whiskey and other spirits from wheat, rye, or any other sort of grain or from any meal or flour, 1778, 9 Stats, at L. 297 [p. 740] ; Act sup- plementary to the foregoing, 1779, id. 317 [p. 744] ; Act to permit the making of whiskey and other spirits from rye, barley, or the malt thereof, under certain restrictions mentioned, and to prohibit the distilling of any whiskey, or other spirits from any other grain, meal, malt, or flour, 1779, id. p. 414 [p. 758] ; Act repealing above act, 1780, 10 Stats, at L. 175 [p. 784]. Rhode Island: See Act to prevent the distilling into any kind of spirits whatever, wheat, Indian corn, rye, barley, oats, or cider. Laws of Rhode Island, August, 1777, p. 14 [p. 853]. Virginia: Act to prohibit the distillation of spirits from corn, wheat, rye, and other grain, for a limited time, 1778, 9 Henlng's Stats, at L. 476 [p. 949] ; Act repealing the last named act, 1779, 10 Henlng's Stats. at L. 112 [p. 957]. Federal Statutes — Oivil War. See Act to provide for the appointment of sutlers in the volunteer serv- ice, and to define their duties, March 19, 1862, 12 Stats. 371 [p. 1057]. FOOD CONTKOL ACT. 73 spirits. "Whenever the President shall find that limita- 1,;^^?"'"*^ '<"'■ tion, regulation, or prohibition of the use of foods, fruits, food materials, or feeds in the production of malt or Ma it ana . ' IT- vinous liquors. Vinous liquors for beverage purposes, or that reduction use of foods, of the alcoholic content of any such malt or vinous liq-duce, may be uor, is essential, in order to assure an adequate and con- tinuous supply of food, or that the national security and defense will be subserved thereby, he is authorized, from time to time, to prescribe and give public notice of the extent of the limitation, regulation, prohibition, or reduction so necessitated. Whenever such notice shall Licenses re- have been given and shall remain unrevoked no person shall, after a reasonable time prescribed in such notice, use any foods, fruits, food materials, or feeds in the pro- duction of malt or vinous liquors, or import any such liquors except under license issued by the President and in compliance with rules and regulations determined Euies, etc. by him governing the production and importation of such liquors and the alcoholic content thereof.^ Any^ Punishment ^ . . . . . •' for Tiolatlons. person who willfully violates the provisions of this sec- tion, or who shall use any foods, fruits, food materials, or feeds in the production of malt or vinous liquors, or who shall import any such liquors, without first obtaining a license so to do when a license is required under this section, or who shall violate any rule or reg- ulation made under this section, shall be punished by a fine not exceeding $5,000, or by imprisonment for not more than two years, or both : Provided further. That , No license at nothing in this section shall be construed to authorize manufacture . J. 1 I. r • prohibited. the licensing of the manufacture of vinous or malt liquors in any State, Territory, or the District of Colum- bia, or any civil subdivision thereof, where the manufac- ture of such vinous or malt liquor is prohibited. Sec. 16. That the President is authorized and directed pistiiied ... . spirits. to commandeer any or all distilled spirits m bond or m Com man- deering of in stock at the date of the approval of this Act for redis-bond, etc.,' for .... « 1 T .11 . Government tiUation, in so rar as such redistillation may be neces-"ses, author ized. sary to meet the requirements of the Government in the manufacture of munitions and other military and hospi- tal supplies, or in so far as such redistillation would dis- pense with the necessity of utilizing products and ma- terials suitable for foods and feeds in the future manu- facture of distilled spirits for the purposes herein enu- > See Presidential Proclamation No. 1418, December 8, 1917 [p. 161] | Executive Order No. 2694-A, Sept. 2, 1917 [p. 177]. 74 OURBENT EMEBGENOY LEGISLATION. y„^*""P*''»"-merated.* The President shall determine and pay a just amount not *^°"^P®'^^^*i'''i ^^^ *^® distilled Spirits so commandeered; satisfactory, ^ud if the Compensation so determined be not satisfac- Procedure. ^Qj.y jq (^jjg person entitled to receive the same, srch per- son shall be paid seventy-five per centum of the amount so determined by the President and shall be entitled to sue the United States to recover such further sum as, added to said seventy-five per centum, will make up such loJe'iis^ PP- amount as will be just compensation for such spirits, in the manner provided by section twenty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code. fo/'"aMaSitiSr t^^^] ^^^- ^'^- "^^^^ ^■^^'^ person who willfully as- offlciais, etc. gaults, resists, impedes, or interferes with any officer, em- ployee, or agent of the United States in the execution of any duty authorized to be performed by or pursuant to this Act shall upon conviction thereof be fined not ex- ceeding $1,000 or be imprisoned for not more than one year, or both, y^^ppr^opru- Sec. 18. That the sum of $2,500,000 is hereby appro- Mnses'"*'print- P"**'®'^' °^^ °^ ^^^ moneys in the. Treasury not other- ing, etc. ^ise appropriated, to be available until June thirtieth, nineteen hundred and eighteen, for the payment of such rent, the expense, including postage, of such printing and publications, the purchase of such material and equip- ment, and the employment of such persons and means, in the city of Washington and elsewhere, as the President may deem essential. AppropTia- Sec. 19. That for the purposes of this Act the sum of tlon for other ^ ^ purposes. $150,000,000 is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, to be avail- Restrfcuon. ^^^^ during the time this Act is in effect : Provided, That no part of this appropriation shall be expended for the Monthly purposes described in the preceding section : Provided Senate and further, That itemized statements covering all purchases 'See Executive Order No. 2694-A, September 2, 1917 [p. 177]. Resolutions of the Continental Congress. See, for Instance of requisitioning rum for the use of the Army, May 13, 1778, XI Journals of the Continental Congress [Library of Congress] 491 [p 218]. Revolutionary War Statutes. New Hampshire: See Act for supplying the Continental Army with ten thousand gallons of West India Rum, 4 Metealf's Laws of New Hamp- shire 415 [p. 491]. Confederate Statutes — Civil War. See Act to authorize the manufacture of spirituous liquors for the use of the Army and hospitals, June 14, 1864, Second Congress, Sess. 1, k. 41, p. 271 tp. 1051]. FOOD CONTROL ACT. 75 and disbursements under this and the preceding section shall be filed with the Secretary of the Senate and the Clerk of the House of Eepresentatives on or before the twenty-fifth day of each month after the taking effect of this Act, covering the business of the preceding month, and said statements shall be subject to public inspection. Sec. 20. That the employment of any person under„of "P'em^pt the provisions of this Act shall not exempt any such per- arm. '""'**''^ son from military service under the provisions of the '^"'*' p- ^^■ selective draft law approved May eighteenth, nineteen hundred and seventeen. Sec. 21. The President shall cause a detailed report poj^^'fjf^con- to be made to the Congress on the first day of January s^^^^ each each year of all proceedings had under this Act during contents, the year preceding. Such report shall, in addition to other matters, contain an account of all persons ap- pointed or employed, the salary or compensation paid or allowed each, the aggregate amount of the different kinds of property purchased or requisitioned, the use and disposition made of such property, and a statement of all receipts, payments, and expenditures, together with a statement showing the general character, and estimated value of all property then on hand, and the aggregate amount and character of all claims against the United States growing out of this Act. Sec. 22. That if any clause, sentence, paragraph, or invalidity of part of this Act shall for any reason be adiudged by any etc, not to a£- ^ . . . ,. . , . T T , . ■, feet remainder court of competent jurisdiction to be invalid, such ]udg-o( Act. ment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof, directly in- volved in the controversy in which such judgment shall have been rendered. Sec. 23. That words used in this Act shall be con- ^construction or terms. strued to import the plural or the singular, as the case demands. The word "person," wherever used in this Act, shall include individuals, partnerships, associa- tions, and corporations. When construing and enf ore- gj^°''P°|*^J,°^^: ing the provisions of this Act, the act, omission, or fail- ^ggn °/ ""^'^ °* ure of any official, agent, or other person acting for or employed by any partnership, association, or corpora- tion within the scope of his employment or office shall, in every case, also be deemed the act, omission, or fail- ure of such partnership, 'association, or corporation as well as that of the person. 76 CUEBENT EMERGENCY LEGISLATION. un«f HT^lt Sec. 24. That the provisions of this Act shall cease to present war. jjg j^ effect when the existing state of war between the United States and Germany shall have terminated, and the fact and date of such termination shall be ascer- tions!"l*tlf, nott^i^^^i ^^^ proclaimed by the President; but the term- affiected there- ination of this Act shall not affect any act done, or any right or [284] obligation accruing or accrued, or any suit or proceeding had or commenced in any civil case of ^f ^hts^rtT* "^^o^^ t^^ said termination pursuant to this Act ; but all rights and liabilities under this Act arising before its termination shall continue and may be enforced in the Prosecutions, same manner as if the Act had not terminated. Any etc., continued. _, . . , , offense committed and all penalties, forfeitures, or lia- bilities incurred prior to such termination may be pros- ecuted or punished in the same manner and with the same effect as if this Act had not been terminated, coke"^^ ^°* Sec. 25. That the President of the United States shall ferredTo regu- ^6, and he is hereby, authorized and empowered, when- p^r'^oductioViever and wherever in his judgment necessary for the ef- fng^^t'iie* war."' ficient prosecution of the war, to fix the price of coal and coke,' wherever and whenever sold, eithe. by producer » See Executive Order No. 2690, August 23, 1917 [p. 177]. Re»olution8 of the (Continental Congress. See Resolution regarding price fixing, engrossing, regratlng, etc., No- vember 22, 1777, IX Journals of the Continental Congress [Library of Congress] 956 [p. 211] ; Resolution requesting states to enact legis- lation covering impressments, December 20, 1777, IX Id. 1043 [p. 214] ; Resolution regarding impressment of wagons and limitation of prices for articles purchased, January 15, 1778, X id. 54 [p. 217] ; Resolution regarding price fixing, June 4, 1778, XI id. 569 [p. 218]. Revolutionary War Statutes. Connecticut: See Act for , the regulation of prices of various articles named. Acts and Laws, Connecticut, February, 1778, p. 485 [p. 232] ; Act suspending the foregoing. Id. May, 1778, p. 499 [p. 240] ; Act repealing the foregoing, id. October, 1778, p. 505 [p. 242]. Delaware: Act to prevent and punish the frauds and abuses in the quartermasters and commissaries department, and for ascertaining the pay of Impressed teams and of drivers. Acts of General Assembly of Dela- ware, 3rd Session, February 1, 1779 [p. 252]. Oeorgia: See Act for the better security of this state by obliging and making liable negro slaves to work on the several forts, batteries or other public works within the same, Sept. 16, 1777, 19 Col. Records of Georgia, Pt. II, p. 80 [p. 280]. Maryland: See Act to punish forestalling and engrossing, and tor other purposes, 1777, June Session, Laws of the State of Maryland, c. xi [p. 295] ; Act for the service of the United States, 1778, March Session, Laws of the State of Maryland, c. 1 [p. 305] ; Act for enlarging the powers of the Governor and council, 1778, March Session, Id. c. 13 [p. 311] ; Act to prevent forestalling and engrossing, and for other pur- poses, October Session, 1778, Id. c. viii [p. 319] ; Act for the more effectual preventing forestalling and engrossing, July, 1779, Id. c. xvil [p. 345]. Massachusetts: See Act to prevent monopoly and oppression, 1776, May Session ; Original Acts and Laws, p. 78 [p. 420] ; Act in addition to FOOD CONTROL ACT, 77 or dealer, to establish rules for the regulation of and to regulate the method of production, sale, shipment, dis- tribution, apportionment, or storage thereof among deal- ers and consumers, domestic or foreign : said authority „ Execution by ' • 1 , , . . , ■ , Federal Trade and power may be exercised by him m each case through Commission, the agency of the Federal Trade Commission during the war or for such part of said time as in his judgment may be necessary. That if, in the opinion of the President, any such pro-njay''t\ke^ov°r ducer or dealer fails or neglects to confoim to such prices bSsinesfupro- or regulations, or to conduct his business eificiently under (^^"Iq comply the regulations and control of the President as aforesaid, ^ons.'' '®^"'*' or conducts it in a manner prejudicial to the public in- terest, then the President is hereby authorized and em- powered in every such case to requisition and take over the plant, business, and all appurtenances thereof belong- ing to such producer or dealer as a going concern, and to operate or cause the same to be operated in such man- ner and through such agency as he may direct during the period of the war or for such part of said time as in his judgment may be necessary. and amending the foregoing; 1777, Id. p. 129 tp. 429] ; Act to repeal the two foregoing acts, 1777, id. p. 142 [p. 439]. Nev) Hampshire: See Act for regulating the prices of sundry articles therein enumerated, January 18, 1777, 4 Metcalf's Laws of New Hamp- shire, p. 78 [p. 466] ; Same, Id. p. 88 [p. 471]. Neu) Jersey: See Act for regulating and limiting the prices of sundry articles of produce, manufacture, and trade, and to prevent forestalling, regratlng, and engrossing, Acts of the State of New Jersey, December 11, 1777, c. 8 [p. 513] ; Act to suspend for a limited time the operation of an Act entitled "An act for regulating and limiting the price of labor and of sundry articles of produce, manufacture, and trade, and to pre- vent forestalling, regrating, and engrossing," id. June 22, 1778, c. 34 [p. 529] ; Act further to suspend the operation of an act entitled "An act for regulating and limiting the price of labor and of sundry arti- cles of produce, manufacture, and trade, and to prevent forestalling, re- grating, and engrossing," id. October 7, 1778, c. 42 [p. 530] ; Act further to suspend the operation of an act entitled "An act for regulat- ing and limiting the price of labor and of sundry articles of produce, manufacture, and trade, and to prevent forestalling, regrating, and en- grossing, id. December 3, 1778, c. 5 [p. 531] ; Act for limiting the prices of various articles and to prevent the withholding from sale of the necessaries of life, id. December 21, 1779, t. 12 [p. 535] ; Act for suspending the operation of an act entitled "An act for limiting the prices of various articles and to prevent the withholding from sale of the necessities of life, id. February 26, 1780, c. 24 [p. 553] ; Act to repeal sundry acts restraining the trade and commerce of this state, June 8, 1781, N. J. Laws, V. 2, p. 195 [p. 581]. Tfleijo Torle: See Act to procure a supply of shoes and stockings for the troops raised under the direction of this State, 1778, 1 Cook's N. T. Laws 24 [p. 585] ; Act to regulate the wages of mechanics and laborers, the prices of goods and commodities and the charges of inholders, within thia state, and for other purposes named, 1778, 1 Cook's N. Y. Laws 71 [p. 595] ; Act suspending foregoing act, 1778, 1 Cook's N. Y. Laws 83 [p. 601] ; Act to supply soldiers' families with necessaries at fixed prices, 1778, Id. p. 85 [p. 602] ; Act repealing act regulating wages, prices. 78 CITBBENT EMERGENCY LEGISLATION. uon*oic^p"S- "^^^t ^^y producer or dealer whose plant, business, Bation. and appurtenances shall have been requisitioned or taken over by the President shall be paid a just compensation for the use thereof during the period that the same may be requisitioned or taken over as aforesaid, which com- pensation the President shall fix or cause to be fixed by the Federal Trade Commission. ized"if *mOTmt That if the prices so fixed, or if, in the case of the tak- n 1 satisfac- Jug over or requisitioning of the mines or business of any such producer or dealer the compensation therefor as determined by the provisions of this Act be not satis- factory to the person or persons entitled to receive the same, such person shall be paid seventy-five per centum Procedure, of the amount so determined, and shall be entitled to sue the United States to recover such further sum as, added to said seventy-five per centum, will make up such amount etc., supra 1778, Id. p. 90 [p. 603] ; Act more effectuaUy to provide supplies of flour, meal and wheat for the army, 1778, 1 Cook's N. T. l,aws 92 [p. 605] ; Act to procure a further supply of shoes and stockings for the troops raised under the direction of this state, 1779, 1 Cook's N. Y. Laws 121 (p. 614] ; Act for procuring an immediate supply of flour and peas for the use of the army, 1779, id. p. 145 [p. 619] ; Act amending foregoing, 1779, Id. p. 160 [p. 626] ; Act for the general limitation of prices, etc., 1780, Id. p. 210 [p. 636]. North Carolina: See act more effectually preventing engrossing and forestalling, etc., 24 Laws of North Carolina, c. IV, 1780, p. 318 tp. 680]. Pennisylvania: See Act for the better supply of the armies of the United States of America, 1778, 9 Stats, at L., 189 [p. 723] ; Act regulating the prices of the several articles herein mentioned for a limited time, 1778, id. p. 236 [p. 729] ; Act suspending the foregoing, 1778, id. p. 249 [p. 733] ; Act repealing the act for regulating prices, 1778, id. p. 283 [p. 736] ; Act supplemental to " act for the regulation of wagons, carriages, and pack horses for public service," 1778, Id. p. 287 (p. 737] ; Act amending foregoing, 1779, Id. p. 384 [p. 755] ; Act for the more effectually preventing engrossing and forestalling, for the encourage- ment of commerce and the fair trader, and for other purposes therein mentioned, 1779, id. p. 421 [p. 761] ; Act to make more effectual pro- vision for the defense of this state, 1781, 10 Stats, at L., 361 [p. 812]. Rhode Island: See Act to prevent monopolies and oppressions. Laws of Rhode Island, December, 1776, p. 30 [p. 823] ; Act additional to the foregoing. Id. February, 1777, p. 27 tp. 831] ; Same, Id. March, 1777, p. 24 [p. 832] : Act to prevent monopolies and oppressions, id. May, 1777, p. 17 [p. 835] ; Act giving preferential prices to soldiers and their families. Id. May, 1777, p. 42 [p. 850] ; Act continuing preferential prices to soldiers and families. Id. August, 1777, p. 10 [p. 853] ; Act regulating toll to be taken by millers, May, 1779, Id. p. 20 [p. 860]. Virginia: See Act to procure a supply of provisions and other neces- saries for the use of the army, 1780, 10 Henlng's Stats, at L., 233 tp. 963] ; act amendatory thereof, 1780, Id. p. 344 [p. 975] ; Act to empower the governor and council to fix the value of provisions Impressed for the use of the army, 1781, 10 Henlng's Stats, at L., 437 [p. 984], Federal Statutes- — Oivil War. See Act to provide for the appointment of sutlers in the volunteer serv- ice, and to define their duties, March 19, 1862, 12 Stats., 371 [p. 1057], FOOD CONTROL ACT. 79 as will be just compensation in the manner provided byiQj|'jJ|^ pp- section twenty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code. While operating or causing to be operated any suehg^i^^P^g^**'^^ plants or business, the President is authorized to pre- scribe such regulations as he may deem essential for the employment, control, and compensation of the employees necessary to conduct the same.^ Or if the President of the United States shall be of ucte to°uSite^d the opinion that he can thereby better provide for them|*f be^™r? common defense, and whenever, in his judgment, it shall ""'"''• be necessary for the efficient prosecution of the war, then he is hereby authorized and empowered to require any or all producers of coal and coke, either in any special area or in any special coal fields, or in the entire United States, to sell their products only to th", United States through an agency to be designated by the President, such agency ^^^JJ proauc" to regulate the resale of such coal and coke, and the prices *'^°^gg^*^jP*"'- thereof, and to establish rules for (.he regulation of and to regulate the methods of production, shipment, distri^ bution, apportionment, or storage thereof among [285] dealers and consumers, domestic or foreign, and to make payment of the purchase price thereof to the producers thereof, or to the person or persons legally entitled to said payment. That within fifteen days after notice from the agency by ^rod^er" to so designated to any producer of coal and coke that his,*^^*®*' or its, output is to be so purchased by the United States as hereinbefore described, such producer shall cease shipments of said product upon his own account and shall transmit to such agency all orders received and un- filled or partially unfilled, showing the exact extent to which shipments have been made thereon, and thereafter ^^Oj"^«rs^^et=g all shipments shall be made only on authority of the ^jy^g^* ««"<=' agency designated by the President, and thereafter no such producer shall sell any of said products except to the United States through such agency, and the said agency alone is hereby authorized and emp3wered to pur- chase during the continuance of the requirement the ou<> put of such producers. That the prices to be paid for such products so V^^- chai^^tLf^"' chased sh3.ll be based upon a fair and just profit over and above the cost of production, including proper main- tenance and depletion charges, the reasonableness of such ^ For annotatloiiB, see note 2^ p. 65. 80 CUBKENT EMERGENCY LEGISLATION. authorized **f f profits and cost of production to be determined by the sffiactory. ° * ^®^®ral Trade Commission, and if the prices fixed by the said commission of any such product purchased by the United States as hereinbefore described be unsatis- factory to the person or persons entitled to the same, Procedure, such person or persons shall be paid seventy-five per cen- tum of the amount so determined, and shall be entitled to 5ue the United States to recover such further sum as, , .Vol- 36, pp. added to said seventy-five per centum, will make up such amount as will be just compensation in thj manner pro- vided by section twenty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code, prices"'*'?"''"* All such products so sold to the United States shall uniform. |^g g^j^ j^y ^^^ United states at such uniform prices, qual- ity considered, as may be practicable and as may be de- termined by said agency to be just and fair. Continuing Any moneys receivea by the United States for the ' sale of any such coal and coke may, in the discretion of the President, be used as a revolving fund for further Balances. carrying out the purposes of this section. Any moneys not so used shall be covered into the Treasury as mis- cellaneous receipts. Cost of pro- That when directed by the President, the Federal Trade dnction to be ...,,., ascertained by Commission IS hereby required to proceed to make full Commission. . . .. i,- • , ■, .,, inquiry, giving such notice as it may deem practicable, into the cost of producing under reasonably efficient man- agement at the various places of production the follow- ing commodities, to wit, coal and coke. Information The books, Correspondence, records, and papers in producers, pur- any way referring to transactions of any kind relating to the mining, production, sale, or distribution of all mine operators or other persons whose coal and coke have or may become subject to this section, and the books, correspondence, records, and papers of any per- son applying for the purchase of coal and coke from the United States shall at all times be subject to inspection by the said agency, and such person or persons shall promptly . furnish said agency any data or information relating to the business of such person or persons which said agency may call for, and said agency is hereby agency °t"^pr?' ^"t^orized to procure the information in reference to cure. tjie business of such coal-mine operators and producers of coke and customers therefor in the manner provided for in sections six and nine of the Act of Congress ap- proved September twenty-sixth, nineteen hundred and FOOD CONTROL ACT. 81 fourteen, entitled "An Act to create a Federal TTa,de ^2i°\22f' ^^' Commission, to define its powers and duties, and for other purposes," and said agency is hereby authorized and [286] empowered to exercise aU the powers granted to the Federal Trade Commission by said Act for the carry- ing out of the purposes of this section. Having completed its inquiry respecting any com-^^g^^^*^,'''^!^,: modity in any locality, it shall, if the President has""™ prices, decided to fix the prices at which any such commodity shall be sold by producers and dealers generally, fix and publish maximum prices for both producers of and deal- ers in any such commodity, which maximum prices shall be observed by all producers and dealers until further action thereon is taken by the commission. In fixing maximum prices for producers the commis-£or''^p°o^ucers** sion shall allow the cost of production, including the expenese of operation, maintenance, depreciation, and depletion, and shall add thereto a just and reasonable profit. In fixing such prices for dealers, the commission shall j„r'^"°a7ers!''** allow the cost to the dealer and shall add thereto a just and reasonable sum for his profit in the transaction. The maximum prices so fixed and published shall not pj i <> ' c?"- ,.,.,. . . . tracts not Im- be construed as invalidating any contract in which prices paired. are fixed, made in good faith, prior to the establishment and publication of maximum prices by the commission. Whoever shall, with knowledge that the prices of any Punishment , Til. I n 1 1 • • T ^ for violations. such commodity have been nxed as herein provided, ask, demand, or receive a higher price, or whoever shall, with knowledge that the regulations have been pre- scribed as herein provided, violate or refuse to conform to any of the same, shall, upon conviction, be punished by fine of not more than $5,000, or by imprisonment for not more than two years, or both. Each independent transaction shall constitute a separate offense. Nothing in this section shall be construed as restrict- ,. n o restrtc- ing or modifying m any manner the right the Orovern- chases, etc., for ° . . t.^ r ^ „ . Government ment of the United States may have m its own behalf "se- or in behalf of any other Government at war with Ger- many to purchase, requisition, or take over any such commodities for the equipment, maintenance, or support of armed forces at any price or upon any terms that may be agreed upon or otherwise lawfully determined. 37639°— 18 6 82 CUREENT EMERGENCY LEGISLATION. des^roying.'etc.' ^^^- ^^- That any person carrying on or employed in necessaries^j^o commerce among the several States, or with foreign na- etc, a felony, tions, or with or in the Territories or other possessions of the United States in any article suitable for human food, fuel, or other necessaries of life, who, either in his individual capacity or as an officer, agent, or employee of a corporation or membei- of a partnership carrying on or employed in such trade, shall store, acquire, or hold, or who shall destroy or make away with any such article for the purpose of limiting the supply thereof to the public or affecting the market price thereof in such com- Punishmentmerce, whether temporarily or otherwise, shall be deemed guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000 or by impris- Provisos. onment for not more than two years, or both : Provided, sonai products That any storing or holding by any farmer, gardener, cepted. ' or other person of the products of any farm, garden, or other land cultivated by him shall not be deemed to be a Associations storing Or holding within the meaning of this Act: Pro- ' vided further, That farmers and fruit growers, coopera- tive and other exchanges, or societies of a similar character shall not be included within the provisions of For futurothis scction : Provided further, That this section shall business needs, i -i • i i i t i • etc. not be construed to prohibit the holding or accumulating of any such article by any such person in a quantity not in excess of the reasonable requirements of his business for a reasonable time or in a quantity reasonably re- quired to furnish said articles produced in surplus quan- tities seasonally throughout the period of scant or no An tit rust production. Nothing contained in this section shall be fected. °° * ' construed to repeal the Act entitled [287] "An Act to 209." ' ' ^" protect trade and commerce against unlawful restraints and monopolies," approved July second, eighteen hun- dred and ninety, commonly known as the Sherman Anti- trust Act. Nitrate of Sec. 27. That the President is authorized to procure ™p're side n tor aid in procuring, such stocks of nitrate of soda as he and sell, to aid may determine to be necessary, and find available, for Rffriculture ... increasing agricultural production during the calendar years nineteen hundred and seventeen and eighteen, and to dispose of the same for cash at cost, including all ex- Appropria-penses connected therewith. For carrying out the pur- poses of this section, there is hereby appropriated, out of any moneys in the Treasury not otherwise appro- AIB STATION ACT. 83 priated, available immediately and until expended, the ^pM^«.f^2.^ °* sum of $10,000,000, or so much thereof as may be neces- sary, and the President is authorized to make such regu- lations, and to use such means and agencies of the Gov- ernment as, in his discretion, he may deem best. The Deposit of . . /. T • • J! 1 -J. .proceeds. proceeds arising from the disposition of the nitrate ot soda shall go into the Treasury as miscellaneous re- ceipts. "AIR STATION ACT." L344] Chap. 77. — An Act To provide for the acquisition of an atr October 6, station site for the United States Navy. [Approved, October [s. 2437.] 6, 1917. 40 Stats. 344.] [Public No 62.'] Be it enacted hy the Senate and House of Representa- Cape May, tives of the United States of America in Congress aw- 'Appropria- sernbled. That the Secretary of the Navy be, and he is ing , navai air ,',., ., 1 1 station site at. hereby, authorized to acquire, by purchase or condem- nation, including all easements, riparian and other rights appurtenant thereto, for use for naval purposes, the tract of land situate at Cape May, New Jersey, lying between Princeton and Kansas Avenues and the water front and Cape May Avenue, comprising, exclusive of Pennsylvania Avenue, which intersects the tract and is to remain a public thoroughfare, approximately fifty- seven and seventy-three one-hundredths acres, or such enlarged area for which he may be able to contract within the appropriation, and there is hereby appro- priated, to be paid out of any money in the Treasury not otherwise appropriated, for the acquisition of said property and of all easements, riparian and other rights appurtenant thereto, the sum of $150,000: Provided, ^^jStures That the Secretary of the Navy shall authorize the pay- ''™'t« "EXPLOSIVES ACT." [385]Chap. 83.— An Act To prohibit the manufacture, distribution, ^^"'^'"■.^'gj^i"- storage, use, and possession in time of war of explosives, providing '—^ — '■ — . regulations ior the safe manufactiu-e, distribution, storage, use, and " '"' "' possession of the same, and for other purposes. [Approved, October 6, 1917. 40 Stats. 385.J Be it enacted hy the Senate and House of Representatives , Explosives. , . ■'■ Manufaeture.etc., of the United States of America m Congress assembled, That restricted in time when the United States is at war it shall be unlawful to manufacture, distribute, store, use, or possess powder, explosives, blasting supplies, or ingredients thereof, in such manner as to be detrimental to the public safety, except as in this Act provided. Sec. 2. That the words "explosive" and "explosives" "Explosive', ^ and ' ' explo- when used herein shall mean gunpowders, powders used sives._^^^ for blastiag, aU forms of high .explosives, blasting mate-<''" 'or woricmen supermtendent, foreman, or other duly authorized em- ployee, at a mine, quarry, or other work, may, when licensed so to do, sell or issue, to any workman under him, such an amount of explosives, or ingredients, as may be required by that workman in the performance of his EMtrictJons. duties, and the workman may purchase or accept the explosives, or ingredients, so sold or issued, but the person so selling or issuing same shall see that any unused explo- sives, or ingredients, are returned, and that no explosives, or ingredients, are taken by the workman to any point not necessary to the carrying on of his duties. EXPLOSIVES ACT. 89 Sec. 6. That nothing contained herein shall apply to portSn 'no"S- explosives or ingredients while being transported upon™"*^- vessels or railroad cars in conformity with statutory law or Interstate Commerce Commission rules. Sec. 7. That from and after forty days after the passage „uifout'''Sc"i^I of this Act no person shall manufacture explosives unless ''"''''*""'°- Ucensed so to do, as hereinafter provided.' Sec. 8. That any licensee or appUcant for license here- Licenses. . , .• . . , Information ro- under shall furnish such information regarding himself quired from ap- . o o plioants and U- and his business, so far as such business relates to or iscensees. connected with explosives or ingredients at such time and in such manner as the Director of the Bureau of Mines, or his authorized representative, may request, excepting that those who have been or are at the time of the passage of secretprooMses this Act regularly engaged in the manufacture of explo- sives shall not be compelled to disclose secret processes, costs, or other data unrelated to the distribution of explosives. Sec. 9. That from and after forty days after the passage coJ£"to"b6 kepi and approval of this Act every person authorized to sell, by licensees, issue, or dispose of explosives shall keep a complete item- ized and accurate record, showing each person to whom explosives are sold, given, bartered, or to whom or how otherwise disposed of, and the quantity and kind of explo- sives, and the date of each such sale, gift, barter, or other disposition; and this record shall be sworn to and fur- nished to the [387] Director of the Bureau of Mines, or his authorized representatives, whenever requested. Sec. 10. That the Director of the Bureau of Mines is ,^^111'*' "' "" hereby authorized to issue licenses as follows: (a) Manufacturer's license, authorizing the manufac- Manufacturer's, ture, possession, and sale of explosives and ingredients. (b) Vendor's license, authorizing the purchase, posses- vendor's. sion, and sale of explosives or ingredients. (c) Purchaser's license, authorizing the purchase and Porchaser'a. possession of explosives and ingredients. (d) Foreman's license, authorizing the purchase and Foreman's, possession of explosives and ingredients, and the sale and issuance of explosives and ingredients to workmen under the proviso to section five above. (e) Exporter's license, authorizing the licensee to ex- Exportir's. port explosives, but no such license shall authorize ex- ' Revolutionary War Statutes. Rhode Island: See Act for encouraging t)ie manu- facture of saltpetre and gunpowder, January, 1776, Laws of Bliode Island, p. 24S lp.8iq. Technical, etc. 90 CUKKENT EMERGENCY LEGISLATION. portation in violation of any proclamation of the Presi- dent issued under any Act of Congress. Importer's. (f) Importer's license, authorizing the licensee to im- port explosives. (g) Analyst's, educator's, inventor's, and investigator's licenses authorizing the purchase, manufacture, posses- sion, testing, and disposal of explosives and ingredients. toJTMine?B^; Sec. 11. That the Director of the Bureau of Mines shall '^Restriction, issuc liceuses, upou application duly made, but only to citizens of the United States of America, and to the sub- jects or citizens of nations that are at peace with them, and to corporations, firms, and associations thereof, and refusai™"™^'^^ ^^ may, in his discretion, refuse to issue a license, when he has reason to believe, from facts of which he has knowl- edge or reliable information, that the applicant is disloyal or hostile to the United States of America, or that, if the applicant is a firm, association, society, or corporation, its controlling stockholders or members are disloyal or ReTocation. hostile to the United States of America. The director may, when he has reason to believe on like groimds that any licensee is so disloyal or hostile, revoke any hcense coimdV ° *of ^ Na° issucd to him. Any applicant to whom a license is refused on refusai*etc°^° ^^ ^^^ licensee whose license is revoked by the said direc- tor may, at any time within thirty days after notification of the rejection of his application or revocation of his license, apply for such license or the cancellation of such revocation to the Council of National Defense, which shall make its order upon the director either to grant or to withhold the license. swora**'°°ate- Sec. 12. That any person desiring to manufacture, sell, ment required jn.g^p^j.^^ import, store, or purchase explosives or ingre- dients, or to keep explosives or ingredients in his posses- sion, shall make application for a license, which applica- tion shall state, under oath, the name of the applicant; the place of birth; whether native born or naturalized citizen of the United States of America; if a naturalized citizen, the date and place of naturalization; business in which engaged; the amount and kind of explosives or in- gredients which during the past six months have been pur- chased, disposed of, or used by him; the amoimt and kind of explosives or ingredients now on hand; whether sales, if any, have been made to jobbers, wholesalers, retailers, or consumers; the kind of license to be issued, and the kind and amount of explosives or ingredients to be authorized by the license; and such further information EXPLOSIVES ACT. 91 as the Director of the Bureau of Mines may, by rule, from time to time require. Apphcations for vendor's, purchaser's, or foreman's ized^t"^ad'mta- Ucenses shall be made to such officers of the State, Terri-'^*""*""^' tory, or dependency having jurisdiction in the district within which the explosives or ingredients are to be sold or used, and having the power to administer oaths as may be designated by the Director of the Bureau of Mines, who shall issue the same in the name of such director. Such officers shall be entitled to receive from the appli- cant a fee of 25 cents for [388] each license issued. They^t|^««^' "«"*■' shall keep an accurate record of all licenses issued in manner and form to be prescribed by the Director of the Bureau of Mines, to whom they shall make reports from time to time as may be by rule issued by the director required. The necessary blanks and blank records shall be furnished to such officers by the said director. Licens- ce?s1ng'^"offl°ersl ing officers shall be subject to removal for cause by the"**^- Director of the Bureau of Mines, and all licenses issued by them shall be subject to revocation by the director as ^"**' p- ^■ provided in section eleven. Sec. 13. That the President, by and with the advice gpfeS''"" "" and consent of the Senate, may appoint in each State and aut^o?!^!'"""' in Alaska an explosives inspector, whose duty it shall be, under the direction of the Director of the Bureau of Mines, to see that this Act is faithfully executed and observed. Each such inspector shall receive a salary of et^"^' ^^*^^' $2,400 per annum. He may at any time be detailed for service by said director in the District of Columbia or in any State, Territory, or dependency of the United States. All additional employees required in carrying out the ei^i^l^s.''''*"' provisions of this Act shall be appointed by the Director of the Bureau of Mines, subject to the approval of the Secretary of the Interior. Sec. 14. That it shall be unlawful for any person tOiaw?uf'^ote con- represent himself as having a Ucense issued under this?|nses. ^'"^ "^ Act, when he has not such a license, or as having a license different in form or in conditions from the one which he in fact has, or without proper authority make, cause to be made, issue or exhibit anything purporting or pre- tending to be such license, or intended to mislead any person into believing it is such a license, or to refuse to exhibit his license to any peace officer. Federal or State, or representative of the Bureau of Mines. 92 CUBBENT EMEBGEJS'CY LEGISLATION. diy,Iigtag''of' ta^ Sec. 15. That no inspector or other employee of the formation forbid- gypg^u of Mines shall divulge any information obtained in the course of his duties under this Act regarding the business of any licensee, or applicant for license, without authority from the applicant for license or from the Director of the Bureau of Mines. in?rkinVof*'prLm- ^Ec. 16. That evcry person authorized under this Act ^°^' to manufacture or store explosives or ingredients shall clearly mark and define the premises on which his plant or magazine may be and shall conspicuoiisly display thereon the words "Explosives — Keep Off." presenc"*at''prem'^ Sec. 17. That no persou, without the consent of the den. °*'^' '"''"'' owner or his authorized agents, except peace officers, the Director of the Bureau of Mines and persons designated by him in writing, shall be in or upon any plant or prem- ises on which explosives are manufactured or stored, or be in or upon any magazine premises on which explosives flre'a'rms^etcf"'^are Stored; nor shall any person discharge any firearms or throw or place any explosives or inflammable bombs at, on, or against any such plant or magazine premises, or cause the same to be done. etc^ftoblmadef' Sec. 18. That the Director of the Bureau of Mines is hereby authorized to make rules and regulations for car- rying into effect this Act, subject to the approval of the Secretary of the Interior. Tioi2tto)^°'*°"" Sec. 19. That any person violating any of the provi- sions of this Act, or any rules or regulations made there- imder, shall be guilty of a misdemeanor and shall be ptmished by a fine of not more than $5,000 or by impris- onment not more than one year, or by both such fine and imprisonment. to'bJ'r^'of'Si Sec. 20. That the Director of the Bureau of Mines is explosions »°'i jiereby authorized to investigate all explosions and fii'es which may occur in mines, quarries, factories, warehouses, siMciSd!'"' '*'■' magazines, houses, cars, boats, conveyances, and all places in which explosives or the ingredients thereof are manufactured, transported, stored, or used, and shall, in inJt^eto. °' ''°^' his discretion, report his findings, in such manner as he may deem fit, to the proper Federal or State authorities, to the end that if such explosion has been brought about by a willful act the [389] person or persons causing such act may be proceeded against and brought to justice ; or, if said explosion has been brought about by accidental means, that precautions may be taken to prevent similar ie^^'o"empto?- ^'''^^*^®^*^ ^^°°^ Occurring. In the prosecution of such •** investigations the employees of the Bureau of Mines are PATENTS ACT. 93 hereby granted the authority to enter the premises where such explosion or fire has occurred, to examine plans, books, and papers, to administer oaths to, and to examine all witnesses and persons concerned, without let or hin- drance on the part of the owner, lessee, operator, or agent thereof. Sec. 21. That the Director of the Bureau of Mines, pUt^'^Jf,»t^»°t»' with the approval of the President, is hereby authorized**"- ^s™""^- to utilize such agents, agencies, and all officers of the United States and of the several States, Territories, de- pendencies, and municipalities thereof, and the District of Columbia, in the execution of this Act, and all agents. Authority con- agencies, and all officers of the United States and of the acts, several States and Territories, dependencies, and munici- pahties thereof, and the District of Columbia, shall hereby have fuU authority for all acts done by them in the exe- cution of this Act when acting by the direction of the Bureau of Mines.' Sec. 22. That for the enforcement of the provisions of Appropriation ... .... , . . -r^. . . or all expenses. this Act, mcluding personal services in the District of Columbia and elsewhere, and including supphes, equip- ment, expenses of traveling and subsistence, and for the purchase and hire of animal-drawn or motor-propelled passenger-carrying vehicles, and upkeep of same, and for every other expense incident to the enforcement of the provisions of this Aot, there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $300,000, or so much thereof as may be neces- Promo. Amount for sary: Provided, That not to exceed $10,000 shall be ex- motor vehicles pended in the purchase of motor-propelled passenger- carrying vehicles. "PATENTS ACT." October 6, 1917. [394] Chap. 95. — An Act To prevent the publication of inventions by [S. 2531.] the grant of patents that might be detrimental to the public safety [Public, No. 80. | or convey useful information to the enemy, to stimulate invention, and provide adequate protection to owners of patents, and for other purposes. [Approved, October 6, 1917. 40 Stats. 394.] Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, That whenever during a time when the United States is Patents, at war the pubUcation of an invention by the granting tag war if discio- of a patent might, in the opinion of the Commissioner of detrimental, etc. Patents, be detrimental to the pubUc safety or defense 'See Presidential Proclamation, No. 1404, October 26, 1917 [p. 1421. 94 CTJEBENT EMERGENCY LEGISLATION. or might assist the enemy or endanger the successful prosecution of the war he may order that the invention be kept secret and withhold the grant of a patent until Her'to be the termination of the war: Provided, That the inven- pubush*ed°etc'? " t'O^i disclosed in the application for said patent may be [395] held abrndoned upon it being established before or by the commissioner that in violation of said order said invention has been pubUshed or that an appUcation for a patent therefor has been filed in a foreign coxmtry by the inventor or his assigns or legal representatives, with- out the consent or approval of the Commissioner of Patents, or undei a license of the Secretary of Commerce as provided by law.^ Compensation WhcQ an applicant whose patent is withheld as herein jf invention ten- -ii i, p-ipni i i>i ^ dered to tiie Gov- provided and who faithfully obeys the order of the Com- emment by pat- . n -r^ ./ ./ entee missioner of Patents above referred to shall tender his invention to the Government of the United States for its use, he shall, if and when he ultimately received a patent, aiit author- have the right to sue for compensation in the Court of Claims, such right to compensation to begin from the date of the use of the invention by the Government. "TRADING WITH THE ENEMY ACT." October 6, 1917. [411] Chap. 106. — An Act To define, regulate, and punish trading <■ ■ ■ •' with the enemy, and for other purposes. [Approved, October 6, 1917. [Public, No. 91.) 40 Stats. 411.] Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled. Trading with That this Act shall be known as the "Trading with the the Enemy Act. i , i, enemy Act. Terms defined. Sec. 2. That the word "cn^my," as used herein, shell be deemed to mean, for the purposes of such trading and of this Act — ^^PerMns^rMid- (a) Any individual, partnership, or other body of indi- ta™hereta ^^^^^ '^duals, of any nationality, resident within the territory (including that occupied by the military and naval forces) of any nation with which the United States is at war, or resident outside the United States and doing Foreign oorpor- business witMu such territory, and any corporation incorporated withm such territory of any nation with which the United States is at war or incorporeted within any country other than the United States and doing business within such territory. ' In this connection see Presidential Proclamation No. 1420, January 1, 1918 [p. 169]. Btions included. TKADING WITH ENEMY ACT. 95 (b) The government of any nation with which the ^^^J^l'^fj^'""' United States is at war, or any pohtical or municipal sub- division thereof, or any officer, official, agent, or agency thereof. (c) Such other individuals, or body or class of indi- na^^'^pers^^^.'^' viduals, as may be natives, citizens, or subjects of any nation with which the United States is at war, other than citizens of the United States, wherever resident or wherever doing business, as the President, if he shall find the safety of the United States or the successful prosecution of the war shall so require, may, by proclamation, include within the term "enemy." The words "ally of enemy," as used herein, shall bej^"^"y •" ™»- deemed to mean — (a) Any individual, partnership, or other body of indi- ing^rtading'ta viduals, of any nationahty, resident within the territory ™"°"^y*''«™°'- (including that occupied by the military and naval forces) of any nation which is an ally of a nation with which the United States is at war, or resident outside the United States and doing business within such terri- tory, and any corporation incorporated within such terri- corporations, tory of such sUy nation, or incorporated within any country other than the United States and doing business within such territory. (b) The government of any nation which is an ally oi om^L"^.""*^' a nation with which the United States is at war, or any politicalor municipal subdivision of such ally nation, or any officer, official, agent, or agency thereof. (c) Such other individuals, or body or class of iudi- other desig- ^ ' . ' , , •' nated persons. Viduals, as may be natives, citizens, or subjects of any nation which is an ally of a nation with which the United States is at war, other than citizens of the United States, wherever resident or wherever doing business, as the President, if he shall find the safety of the United States or the successful prosecution of the war shall so require, may, by proclamation, include within the term "ally of enemy." [412] The word "person," as used herein, shall be "Person." deemed to mean an individual, partnership, association, company, or other uniacorporated body of iudividuals, or corporation or body poUtic. The words "United States," as used herein, shall be united deemed to mean all land and water, continental or in- sular, in any way within the jurisdiction of the United States or occupied by the military or naval forces thereof. *96 CURRENT EMERGENCY LEGISLATION. th'ewlf!"°'°^ "' The words "the begiiming of the war," as used herein, shall be deemed to mean midnight ending the day on which Congress has declared or shall declare war or the existence of a state of war. "End 01 the The words "end of the war," as used herein, shall be war." ' . deemed to mean the date of proclamation of exchange of ratifications of the treaty of peace, unless the Presi- dent shall, by proclamation, declare a prior date, in which case the date so proclaimed shall be deemed to be the "end of the war" within the meaning of this Act. banta""^ *" '^^^ words "bank or banks," as used herein, shall be deemed to mean and include national banks, State banks, trust companies, or other banks or banking associations doiag business imder the laws of the United States, or of any State of the United States. "To trade." The words "to trade," as used herein, shall be deemed to mean — debte^'"^' *'°'' ^^) ^^Jj satisfy, compromise, or give security for the payment or satisfaction of any debt or obligation. ne^o?iaMe%lper. (^) ^^^^' accept, pay, present for acceptance or pay- ment, or indorse any negotiable iostrument or chose in action. Contracts. (c) Enter into, carry on, complete, or perform any contract, agreement, or obligation. Property trans- (d) Buy or seU, loan or extend credit, trade in, deal with, exchange, transmit, transfer, assign, or otherwise dispose of, or receive any form of property. Business inter- (e) To have any form of business or commercial com- munication or intercourse with. Acts unlawful. Sec. 3. That it shall be unlawful ' — 1 Federal Statutes— War oflSlt. See, generally, Act to prohibit American vessels Irom proceeding to or trading with the enemies of the United States, and for other purposes, July 6, 1812, 2 Stats. 778 [p. 996]; Act to prohibit the use of licenses or passes granted by the authority of the trnited Kingdom of Great Britain and Ireland, August 2, 1813, 3 Stats. 84 [p. 1000]; Act to prohibit intercourse with the enemy, and for other purposes, February 4, 1815, 3 Stats. 195 [p. 1015]. Federal Statutes — Civil War, See Act providing for the collection of duties on imports, and for other purposes. Bee. 5-9, inc., July 13, 1861, 12 Stats. 255, 257 \p. 1052]; Act to prevent correspondence with rebels, February 25, 1863, 12 Stats. 696 [p. 1066]. For statutory authorization for trading with certain British possessions during the Kevolutionary War, see Georgia: Act to regulate and extend the trade and commerce of this state and to es- tablish an insurance office for the encouragement thereof and also to restrain the selling of merchandise by public auction within the same, Sept. 16, 1777, 19 Col. Records of Georgia, Pt. n, p. 72 [p. 279]; Maryland: Act to prohibit, for a limited time, the exportation of wheat, etc., Laws cfthe state of Maryland, July session, 1779, c. VII [p. 343]; Same, id. November session, 1779, o. XVI |p. 362|; Virginia,- Act tor the more eflectual and speedy clothing of the army, 1780, 10 Hen- iDg's stats. 376 [p. 977J. TEADING WITH ENEMY ACT. 97 (a) For any person in the United States, except withu^,j''g|'ovided further. That no insiu-ance company, b° Ameri^nc^m- Organized within the United States, shall be obligated to panies. coutinue any existing contract, entered into prior to the 1 See Executive Order No. 2729-A, XIV-XVI, October 12, 1917 [„. 183]. "See Executive Order No. 2729-A, V, October 12, 1917 [p. 180]; No. 2770, December 7, 1917 [p. 190). TBADING WITH ENEMY ACT. 99 beginning of the war, with any enemy or ally of enemy insurance or reinsurance company, but any such com- pany may abrogate and cancel any such contract by serving thirty days' notice in writing upon the President of its election to abrogate such contract. For a period of thirty days after the passage of this Act, tinSe''o7G^"- and further pending the entry of such order by the ™^pgj,j°^"''*'"'* President, after application made by any enemy or ally of enemy insurance oi: reinsurance company, within such thirty days as above provided, the provisions of the President's proclamation of April sixth, nineteen hundred pp^o™^*'""^' and seventeen, relative to agencies in the United States ^^^''^'"'*^joi5gf. of certain insurance companies, as modified by the pro-"""^- visions of the President's proclanr ation of July thirteenth, nineteen hundred and seventeen, relative to marine and war-risk insurance, shall remain in full force and effect so far as it applies to such German insurance companies, and the conditions of said proclamation of April sixth, nineteen hundred and seventeen, as modified by said proclamation of July thirteenth, nineteen hundred and seventeen, shall also during said period of thirty days after the passage of this Act, and pending the order of the President as herein provided, apply to any enemy or ^^^|5'j^Ji^®,"^*i,J^^ [414J ally of enemy insurance or reinsurance company, "*^^- anything in this Act to the contrary notwithstanding. It shall be unlawful for any enemy or ally of enemy insurance m JdsTbroad.'rtc^ or reinsurance company, to whom license is granted, to "°'a''"^- • transmit out of the United States any funds belonging to or held for the benefit of such company or to use any such funds as the basis for the establishment directly or indirectly of any credit within or outside of the United States to, or for the benefit of, or on behalf of, or on ac- count of, an enemy or ally of enemy. For a period of thirty days after the passage of this Act, tSa^7o7o^^T and further pending the entry of such order by theXwed. ''"'"^'' President, after application made within such thirty days by any enemy or ally of enemy, other than an insurance or reinsurance company as above provided, it shall be lawful for such enemy or ally of enemy to continue to do business in this country and for any person to trade with, to, from, for, on account of, on behalf of or for the benefit of such enemy or ally of enemy, anything in this Act to the contrary notwithstanding: Provided, however, That ^["^^l^mi-^g the provisions of sections three and sixteen hereof shall [^nds^abroad, un- apply to any act or attempted act of transmission or f^j'^^-^]''- transfer of money or other property out of the United loo CTTEEEN'T EMERGENCY LEGISLATION. States and to the use or attempted use of such money or property as the basis for the establishment of any credit within or outside of the United States to, or for the benefit of, or on behalf of, or on account of, an enemy or ally of enemy. bustoMs withouf ^^ ^o license is applied for within thirty days after the license, unlawful, passage of this Act, or if a license shall be refused to any enemy or ally of enemy, whether insurance or reinsurance company, or other person, making appUcation, or if any Postl^'.w. hcense granted shall be revoked by the President, the provisions of sections three and sixteen hereof shall forth- with apply to all trade or to any attempt to trade with, to, from, for, by, on account of, or on behalf of, or for the Payments on benefit of such Company or other person: Provided, deT?n force, etc'i however-. That after such refusal or revocation, anything permitted. ^^ ^j^-g ^^^ ^^ ^j^^ Contrary notwithstanding, it shall be lawful for a policyholder or for an insurance company, not an enemy or ally of enemy, holding insurance or hav- ing effected reinsurance in or with such enemy or ally of enemy insurance or reinsurance company, to receive payment of, and for such enemy or ally of enemy insurance or reinsurance company to pay any premium, 1^eturn pre- mium, claim, money, security, or other property due or which may become due on or in respect to such insurance or reinsurance in force at the date of such refusal or anc? not vitiated, revocation of Hceuse ; and nothing in this Act shall vitiate or nulUfy then existing poUcies or contracts of insurance or reinsurance, or the conditions thereof; and any such smance^ money policyholder or insurance company, not an enemy or ally heidbycustodian. ^f enemy, having any claim to or upon money or other property of the enemy or ally of enemy insurance or reinsurance company in the custody or control of the alien suitauthorized. property custodiau, hereinafter provided for, or of the Treasurer of the United States, may make appHcation for Post,p.ii9. ^Yie payment thereof and may institute suit as provided in section nine hereof, nami Ith" than <^) That, during the present war, no enemy, or ally of SJicted. '"''"' •^i^®"^!' ^'^^ ^'^ partnership of which he is a member or was a member at the beginning of the war, shall for any purpose assume or use any name other than that by which such enemy or partnership was ordinarily known at the beginning of the war, except under license from the President.^ 1 See Executive Order No. 2729-A, VI, October 12, 1917 |p. 181]. TKADING WITH ENEMY ACT. 101 Whenever, during the present war, in the opinion of the pr?hibi«on° i i i and elsewhere and fix the compensation oi such clerks, attorneys, investigators, accountants, and other employees as he may find necessary for the due administration i-Tovi3os. of the provisions of this Act: Provided, That such clerks, Civil service t^ i i i i n eiigibies to beinvestigators, accountants, and other employees shall be appointed from lists of eiigibies to be supplied by the Detaiiedannuai Civil Service Commission and in accordance with the reports required. civil-service law: Provided further, That the President shall cause a detailed report to be made to Congress on •See Executive Order No. 2729-A, X, October 12, 1917 [p. 182 1. «See Executive Order No. 2729-A, XXIX-XXXIV, October 12, 1917 [p. 185]; No. 2744, October 29, 1917 [p. 1871. Resolutions of the Continental Congress. See Resolution regarding alien enemy property, November 27, 1777, IX Journals of the Continental Congress [Library of Congress] 971 |p. 212]; Ilesolution regarding the seizure of property belonging to alien enemies, October 22, 1778, Xn id. 10>5 [p. 222|. Federal Statutes — Civil War. See act to confiscate property used for insurrectionary purposes, August 6, 1861 12 Btats. 319 [p. 1054]; Act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes, July 17, 1162, 12 Stats. 589 [p. 1060]; Joint Resolution explanatory of "an Act to suppress insur- rection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," July 17, 1862, 12 Stats. 627 [p. 1066]. TRADING WITH ENEMY ACT. 103 the first day of January of each year of all proceedings had under this Act during the year preceding. Such report shall contain a list of all persons appointed or [416) employed, with the salary or compensation paid to each, and a statement of the different kinds of property taken into custody and the disposition made thereof. Sec. 7. (a)' That every corporation incorporated within Corporations, t yy • 1 r^ t ®''*^'' ^ transmit the United States, and every umncorporated association, ^st m^stockhou- or company, or trustee, or trustees within the United '"^^ ™«™'«s- States, issuing shares or certificates representing bene- ficial interests, shall, under such rules and regulations as the President may prescribe and, within sixty days after the passage of this Act, and at such other times thereafter as the President may require, transmit to the Tieiaiis. alien property custodian a full list, duly sworn to, of every officer, director, or stockholder known to be, or whom the representative of such corporation, association, company, or trustee has reasonable cause to believe to be an enemy or ally of enemy resident within the territory, or a subject or citizen residing outside of the United States, of any nation with which the United States is at war, or resident within the territory, or a subject or citizen residing outside of the United States, of any ally of any nation with which the United States is at war, together with the amount of stock or shares owned by each such officer, director, oi stockholder, or in which he has any interest. The President may also require a similar list to beo^'|^ ?ebraa?y transmitted of all stock or shares owned on February '^' ^'^^ third, nineteen hundred and seventeen, by any person ^^^g^^j'^^JIf^^" now defined as an enemy or ally of enemy, or in which any such person had any interest ; and he may also re- quire a list to be transmitted of all cases in which said corporation, association, company, or trustee has reason- able cause to believe that the stock or shares on Feb- ruary third, nineteen hundred and seventeen, were owned or are owned by such enemy or ally of enemy, though standing on the books in the name of another: Provided, ^™''«°- o 'r. rroneous however, That the name of any such officer, director, or^^j^'J^^^^^^" *>* stockholder shall be stricken permanently or temporarily from such list by the alien property custodian when he shall be satisfied that he is not such enemy or ally of enemy. 1 See Executive Order No. 2729-A, XXIX-XXXIV, October 12, 1917 (p. 185]. 104 CUEEENT EMEEGENGY LEGISLATIOtl . property '5f! m ^J persoii in the United States who holds or has or rons bc)i'eved'"to ^^^11 ^^^^ Or have cusody or control of any property submit^fet o" ^^^^^''i^l 01" Otherwise, alone or jointly with others, of, names, etc. f^j.^ qj. ^^ behalf of an enemy or ally of enemy, or of any person whom he may have reasonable cause to believe to be an enemy or ally of enemy and any person in the United States who is or shall be indebted in any way to gt|^^''°p"°°^' an enemy or ally of enemy, or to any person whom he may have reasonable cause to believe to be an enemy or ally of enemy, shall, with such exceptions and under such rules and regulations as the President shall prescribe, and within thirty days after the passage of this Act, or within thirty days after such property shall come within his custody or control, or after such debt shall become due, report the fact to the alien-property custodian by F^mary 3*1917! Written statement under oath containing such particulars as said custodian shall require. The President may also require a similar report of all property so held, of, for, or on behalf of, and of all debts so owed to, any person now defined as an enemy or ally of enemy, on February third, f''™™^ g o „ g nineteen hundred and seventeen: Provided, That the stricken^ off" ^^ name of any person shall be stricken from the said report by the alien-property custodian, either temporarily or permanently, when he shall be satisfied that such person time^'*"^''"' "'is not an enemy or ally of enemy. The President may extend the time for filing the lists or reports required by this section for an additional period not exceeding ninety days. Unauthorized (h) Nothing in this Act contained shall render valid or trading with an ^ ' ° enemy since be^ legal, or be construed to recognize as valid or legal, any war, invalid. ^ct or transaction constituting trade with, to, from, for or on account of, or on behalf or for the benefit of an enemy performed or engaged in since the beginning of the war and prior to the passage of this Act, or any such act [417] or transaction hereafter performed or engaged in except as authorized hereunder, which would other- No legal right -^y^ise have been or be void, illegal, or invalid at law. No conferred by acts ' ° ' withiufucens'e's"^ conveyance, transfer, delivery, payment, or loan of money Ante,p.ii2. or other property, in violation of section three hereof, made after the passage of this Act, and not under license as herein provided shall confer or create any right or remedy in respect thereof; and no person shall by virtue etP^uDiMs^rior °^ ^^^ assignment, indorsement, or delivery to him of fo^war or under ^ny debt, bill, notc, or other obligation or chose in action by, from, or on behalf of, or on account of, or for TEADING WITH ENEMY ACT. 105 the benefit of an enemy or ally of enemy have any right or remedy against the debtor, obligor, or other person liable to pay, fulfill, or perform the same unless said assignment, indorsement, or delivery was made prior to the beginning of the war or shall be made under license as herein provided, or unless, if made after the beginning of the war and prior to the date of passage of this Act, the person to whom the same was made shall prove lack of knowledge and of reasonable cause to believe on his part that the same was made by, from or on behalf of, or on accoimt of, or for the benefit of an enemy or ally of ,^^^y™*°'5 ™' enemy ; and any person who knowingly pays, discharges, or satisfies any such debt, note, bill, or other obligation or chose in action shall, on conviction thereof, be deemed to violate section three hereof: Provided, That nothing p,.„„jj,„ in this Act contained shall prevent the carrying out, conu^aots" as- completion, or performance of any contract, agreement, ^|™('J Xj^'tijjf" or obligation originally made with or entered into by an ™''™y ai'owed- enemy or ally of enemy where, prior to the beginning of the war and not in contemplation thereof, the interest of such enemy or ally of enemy devolved by assignment or otherwise upon a person not an enemy or ally of enemy, and no enemy or ally of enemy will be benefited by such carrying out, completion, or performance otherwise than by release from obligation thereunder. Nothing in this Act shall be deemed to prevent pay- Payment per- « II- ■ , m mitted of money ment oi money belonging or owing to an enemy or ally of enemy received of enemy to a person within the United States not an ^"""^ enemy or ally of enemy, for the benefit of such person or of any other person within the United States not an enemy or ally of enemy, if the funds so paid shall have been received prior to the beginning of the war and such payments arise out of transactions entered into prior to the beginning of the war, and not in contemplation thereof: Provided, That such payment shall not be made License r« without the license of the President, general or special, as provided in this Act.^ ' The following statutes [not reprinted hereinl are of interest as dealing with the pay ment of debts due to and from enemies. Massachusetts: An Act to prevent the waste, destruction and embezzlement of the goods or estates of such persons who have left the same, and fled to our enemies for pro- tection; and also for payment of their just debts out of their estates. [Acts and Laws of Massachusetts, 1776-1780; 1777, Chap. 38, p. 118.] An Act in addition to an Act, en- titled, "An Act to prevent the waste, destruction and embezzlement ol the goods or estates of such persons who have left the same, and fled to our enemies for protection; and also for payment of their just debts out of their estates. [Acts and Laws ol Massa- 3husetts, 1776-1780; Chap. 11, 1778,p.201.1 An Act to provide for the payment of debts due from the conspirators and absentees, and for the recovery of debts due to them. [Laws & Resolves of Mass.; 1780-1781; 1780, Chap. 50, p. 115.] An Act in addition to an 106 CUERENT EMEEOENCY LEGISLATION. aiiowed°*in°J'm? Nothing in this Act shall be deemed to authorize the pnor to end "' prosecution of any suit or action at law or in equity in any court within the United States by an enemy or Pmi, p. m ally of enemy prior to the end oi the war, except as pro- under°''iioensevided in section ten hereof: Provided, however, That an in United States n r i- jiji,- j permitted. enemy or ally of enemy licensed to do business under this Act may prosecute and maintain any such suit or action so far as the same arises solely out of the business transacted within the United States under such license ai.and so long as such license remains in full force and effect: And provided further, That an enemy or ally of enemy may defend by counsel any suit in equity or action at law which may be brought against him. Counsel lowed. act entitled " An act to provide for the payment of debts due from the conspirators and absentees; and for the recovery of debts due to them." (Id. Chap. 53, page 123. An Act in addition to an act passed the last session of the General Court intitled, "An act to provide for the payment of the debts due from the conspirators and absentees; and for the recovery of debts due to them." (Laws and Resolves of Massachusetts, 178.;- 1781, Chap. 52, 1780, p. 122. 1 An act in addition to an act intitled, " An act to provide for the payment of the debts due from the conspirators and absentees; and for the re- covery of debts due to them. " [Id., Chap. 53, 1783, p. 123.1 An Act to provide for the payment of debts due from the conspirators and absentees, and for the recovery of debts due to them. [Acts and Laws of Massachusetts, 1780-1783, Chap. 2., 1781, p. 28. An act in addition to an act intitled, " An Act to provide for the payment of the debts due from the conspirators and absentees; and for the recovery of debts due to them. " [Id., Chap. 9, 1781, p. 57.1 New HampsUre: An Act in addition to an act intituled " An act to confiscate the estates of sundry persons therein named. " [Lawsof New .lampshire, Vol.4, 1776-1784, Chap. 8, p. 216.] Pennsylvania: An Act for the attainder of divers traitors if they render not them- selves by a certain day, and for vesting their estates in this commonwealth, and for more effectually discovering the same and for ascertaining and satisfying the lawful debts and claims thereupon. [Statutes at Large of Pennsylvania, Vol. 9, 1776-1779, Chap. DCCLXXXIV, 1777, p. 201.1 A supplement to an act, entitled "An Act for the attainder of divers traitors if they render not themselves by a certain day, and for vesting their estates In this commonwealth, and for more effectually discovering the same, and for ascertaining and satisfying the lawful debts and claims thereupon." |Id., Chap. DCCCXXXII, 1779, p. 328.| Virginia: An ordinance for establishing a mode of punishment for the enemies to America in this colony. [9 Hening's Stats. L., 1775-1778, Chap. VII, 1775, p. 101. An Ordinance to amend an ordinance entitled an ordinance for establishing a mode of punishment for the enemies of America in this colony. [Id., Chap. VII, 1776, p. 181.] An act for sequestering British property, enabling those indebted to British subjects to pay off such debts, and directing the proceedings in suits where such subjects are parties. [Id., Chap. IX, 1777, p. 377. | Confederate States: An Act for the sequestration of the estates, property and eflect=! of alien enemies, and for the indemnity o. citizens of the Confederate States, and persons aiding the same in the existing war with the United States. [Confederate States of America, Stats, at L., PubUc and Private Laws, 1861-1864, Session III, Chap. 61, 1801, p. 201. i An act to alter and amend an act entitled " An act for the sequestration ol the estates, property and effects of alien enemies, and for indemnity of citizens of the Confed- erate States, and persons aiding the same in the existing war with the United States," approved August thirtieth, eighteen hundred and sixty-one. [Id., Session V, ihap. 71, 1862, p. 260. An act to alter and amend an act entitled "An Act for the sequestra- tion of the estates, property and effects of alien enemies and for indemnity oi citizens of the Confederate States, and persons aiding the same in the existing war with the United States, " approved August 30, 1861, and An Act altering and amending th3 sam^, approved on the 16th day of February, 1862. [Id., Session 3, Chap. 11, 1863, p. 1J4. United States: An Act to suppress Insurrection, to punish Treason and Rebellion, to seize and confiscate the Property of Rebels, and for other Purposes. [U U. S. Stats, L., 1859-1863; Session 2, Chap. 195, 1862, p. 589.] ^ TKADING WITH ENEMY ACT. 107 Keceipt of notice from the President to the effect that 50^<5*'"«„"'J'„'p"- he has reasonable ground to believe that any person isJeMe'^ta^Vtor an enemy or ally of enemy shall be prima facie defense <=™tfa<=ts suits. to any one receiving the same, in any suit or action at law or in equity brought or maintained, or to any light or set-off or recoupment asserted by, such person and based on failure to complete or perform since the begin- ning of the war any contract or other obhgation. In any tte."'"'"*' *°' prosecution under section sixteen hereof, proof of receipt ^"s'.p-^^p. of notice from the President to the effect that he has reasonable cause to believe that any person is an enemy [418] or ally of enemy shall be prima facie evidence that the person receiving such notice has reasonable cause to believe such other person to be an enemy or ally of enemy within the meaning of section three hereof. (cY If the President shall so require, any money or „„'(5™Ted*^my other property owing or belonging to or held for, by, onJ^e^'t^'o^S^M: account of, or on behalf of, or for the benefit of an enemy or ally of enemy not holding a license granted by the President hereunder, which the President after investiga- tion shall determine is so owing or so belongs or is so held, shall be conveyed, transferred, assigned, delivered, or paid over to the alien property custodian.'' iSee Executive Order No. 2729-A, XXIX-XXXIV, October 12, 1917 [p. 185]. • The following statutes Inot reprinted herein] are of interest as dealing with the confiscation of enemy property. Connecticut- An Act concerning the real estates of aliens and persons inimical to the United States of America. |Acts and Laws of Connecticut, Oct. 1776 to Oct. 1778, p. 475.] Oeorgia: An Act for attaining such persons as are therein mentioned of high Treason and for confiscating their estates, both real and personal to the use of this State; lor establishing boards of Commissioners for the sale of such Estates, and for other purposes therein mentioned. Colonial Records of Georgia, Vol. XIX , Part 2, 1774-1805, p. 66.) An Act to alter and amend a clause or clauses of an act entitled "An act for attaining such persons as are therein named o( high treason, lor confiscating their estates, both real and personal to the use of this state, lor establishing boards of commissioners lor the sale of such estates, and for other purposes therein mentioned," and for the better and more effectual carrying the other purposes of the said act into execution, lid., p. 100. 1 An act tocompel non-residents to return within acertain time or in defau t thereof, that their estates be confiscated, and for confiscating the estate of William Knox, Esq. lormerly provost marshal, of the then province, now state of Georgia. |Id., p. 126.] An Act intitled An Act for the Confiscating the Estates of certain persons therein described, and for the providing funds for defraying the Contingent expence of the State. [Id., p. 147.] An Act for inflicting Penalties on, and confiscating the estates of such persons as are therein declared guilty of treason, and for other purposes therein mentioned, fid., p. 152.] An Act for empowering a less number of Commissioners to be a Board than is mentioned in the Act passed at Augusta on the fourth day of May One thousand seven hundred and eighty two, for infiicting Penalties on and confiscating the Estates ol such Persons as have been guilty of Treason against this state and for other purposes therein mentioned. [Id., p. 174.] Maasachuui s: An act to prevent the waste, destruction and embezzlement of the goods or estates of such persons who have left the same, and fled to our enemies lor pro- tection; and also for payment of their just debts out of their estates. jActs & Laws of Massachusetts, 1776-1780; 1777, Chap. 38, p. 118.] An Act in addition to an act, entitled "An Act to prevent the waste, destruction and embezzlement ol the goods or estates ( fsuch persons who have left the same, and fled to our enemies lor protection; and also 108 CUBRENT EMEBGENCY LEGISLATIOIST. d6bter™tc°*dSe (d)^ If not required to pay, convey, transfer, assign, miyZ'mldnoOr deliver under the provisions of subsection (c) hereof, custodian. ^^^^ person not an enemy or ally of enemj^ who owes to, or holds for, or on account of, or on behalf of, or for the benefit of an enemy or of an ally of enemy not holding a license granted by the President hereunder, any money or other property, or to whom any obligation or form of liability to such enemy or ally of enemy is presented for payment, may, at his option, with the consent of the President, pay, convey, transfer, assign, or dehver to the alien property custodian said money or other property imder such rules and regulations as the President shall prescribe. for payment of their just debts out of their estates." fActs and Laws of Massachu- setts, 1776-1780, Chap. 11. p. 201.} An Act in addition to and for the alteration of some- of the provisions of an act, intitled, ■ ' An act for confiscating the estates of certain persons commonly called absentees." It is among other things provided, the justices ol the same court where any complaint is exhibited in pursuance of the said law, shall order their clerk to cause the notifications as in the said law is described to be served by the sherifi" or constable, and that the issue shall be tried by a jury in cases where no claim is made* by means whereol great and needless expenses are incurred, and the good Intentions of said act are not so well answered. [Laws and Resolves of Massachusetts, 1780-1781; 1780, Chap. 48, p. 113.] An Act in addition to, and lor the explanation of an Act, intitled "An act in addition to, and for the alteration oJ some of the provisions of an act intitled *An Act for confiscating the estates of certain persons, commonly called absentees.'" fid., Chap. 49, p. 114.] Resolve respecting the conduct of Joshua Thomas as agent to the estate of Nathaniel Ray Thomas, an absentee. [Id., Chap. 116, p. 28Lj Resolve directing the committee appointed by a resolve ol the 19th June last, for hiring money upon absentees estates, to make such alterations in the house of William Jackson, an absentee, as will best accommodate the rooms appropriated for the several com- mittees and messenger of the House, and to let the shop in said house, lid., Chap. 158, p. 306.1 Resolve on the petition of Amos Lawrence, empowering the committee to sell confiscated estates in the county of Middlesex, to sell the arm mentioned. |Id. Chap. 191, p. 332.] Resolve directing the committees of the several counties within this commonwealth, appointed to dispose of confiscated estates, to receive the securities given to officers and soldiers in payment for houses, &c. [Id., Chap. 403, p. 846. i An Act in addition to, and for the explanation of an act intitled "An Act in addition to, and for the alteration of some of the provisions of an act, intitled 'An act for confiscating the estates of certain persons, commonly called absentees.' " 1 Acts and Laws o. Massa- chusetts, 1780-1783, Chap. 1, 1781, p. 7.1 New Hampshire: An act to prevent the transfer or conveyance of the estates, and property of all such persons who have been, or shall be apprehended upon suspicion of being guilty of treason, misprision of treason, or other inimical practices, respecting this state, the United States, any or either of them, and also for securing all lands within thij state, as well of such persons as have traitorously deserted, or may hereafter desert the common cause of America, and have gone over to, or in any way or manner loined our enemies, as of those who belong to or reside in Great Britain. [Laws of New Hampshire, Vol. 4, 1776-1784, Chap. 15, p. 128."] An Act to confiscate the estates ot sundry persons therein named. [Id., Chap. 19, p. 191. | An act in addition to an Act intituled "An Act toconfiscate the estates of sundry persons therein named." |Id., Chap. 8, p. 216.1 North CaroliTia: An Act, for confiscating the property of all such persons as are inimica to the United States, and of such persons as shall not, within a certain time therein men- tioned appear and submit to the State whether they shall be received as citizens thereof, and of such persons as shall so appear and shall not be admitted as citizens, and tor other purposes therein mentioned. [North Carolina, State Records, Vol. 24, 1777-1788; Chap. 17, 1777, p. 123.1 ^^ -A-ct to carry into efCect an Act, passed at New Bern in November, in the year one thousand seven himdred and seventy-seven, entitled, An Act for con- fiscating the property of all such persons as are inimical to the United States; and of such persons as shall not, within a certain time therein mentioned, appear, and submit to 1 See Executive Order No. 2729-A, XXIX-XXXIV, October 12, 1917 [p. 185J. TEADING WITH ENEMY ACT. 109 (e) No person shall>be held liable in any court for or jty^,°/a°oteVereby in respect to anything done or omitted in pursuance of *"*''°"™''- any order, rule, or regulation made by the President under the authority of this Act. Payments, oon- ^ , veyances, etc., to Any pa\Tnent, conveyance, transfer, assignment, or™sto'iian a m . ■' ' "^ J ; JO 7 discharge of obli- delivery of money oi property made to the alien property nation, custodian hereunder shall be a full acquittance and dis- charge for all purposes of the obligation of the person j,g,^™™J'™ "" making the same to the extent of same. The alien prop- erty custodian and such other persons as the President may appoint shall have power to execute, acknowledge, and deliver any such instrument or instruments as may be necessary or proper to evidence upon the record — « ■ the State whether they shall be received as Citizens thereof; and of such persons who shall so appear, and shall not be admitted as citizens, and for other purposes therein mentioned: and for other purposes, fid.. Chap. 5, 1778, p. 209.] An Act for suspending the operations of an Act, for carrying into effect an Act, commonly called the Confiscation Act. [Id., Chap. 6, 1780, p. 352.] An additional Act to an Act, intituled An Act lor securing the quiet and inoffensive inhabitants of this State from being injured, for pre- venting such property as hath or may be confiscated from being wasted or destroyed, and for other purposes; for continuing an Act, intituled. An Act for suspending the oper- ation of an Act, for carrying into effect an Act commonly called the confiscation Act; and for directing and regulating elections in particular instances; and also for giving further time to surveyors to compleat their surveys. |Id., Chap. 4, 1781, p. 376.] Pennsylvania: An Act for the attainder of divers traitors if they render not them- selves by a certain day, and for vesting their estates in this commonwealth, and for more effectually discovering the same and for ascertaining aui satisfying the lawful debts and claims thereupon. (9 Stat. L., Pennsylvania, 1776-1779, Chap. DCCLXXXIV, 1777, p. 201.] A supplement to an act, entitled "An act for the attainder of divers traitors if they render not themselves by a certain day, and for vesting their estates in this common- wealth, and for more effectually discovering the same, and for ascertaining and satisfying the lawful debts and claims thereupon. " |Id., Chap. DCCCXXXII, 1779, p. 328.] Rhode Island: Whereas a quantity of flour, lately arrived from Philadelphia, hath been seized by a warrant from General Varnum, for the use of the troops within this State; and whereas it hath been represented to this Assembly, that the said flour, or a great part of it, is the property of persons now on Rhode Island, who are suspected of being inimical to the United States; It is therefore voted and resolved. That it be recom- mended to Mr. Pardon Gray, Deputy Commissary, that he do not pay for said flour until this Assembly can obtain further information respecting the same. [Acts of Ehode Island, 1776-1777; March, 1777, p. 3.] It is voted and resolved. That all the real estate, late belonging to Thomas Hutchinson, Esq., heretofore Governor of the Massachusetts- Bay, lying and being within this State, be, and the same is hereby deemed, rendered and taken as forfeit to tUs' State, the said Thomas Hutchinson having deserted from the United States of America, and joined himself to the King of Great Britain, an enemy thereof. [Laws of Rhode Island, Feb. 1780 to Nov. 1780; February, 1780, p. 32.] Reso- lution regarding goods seized by British troops and later abandoned. [Id., June, 1780, p. 28.] Resolution prescribing method of handling a forfeited estate. [Id., September, 1780, p. 19.] It is voted and resolved, that the Committee, heretofore appointed by tliis Assembly to dispose of the real estates which have been confiscated to and for the use of tliis state, be and they are hereby empowered to sell and dispose of the same, either at public or private sale, as will be most advantageous to the public interest; And that they make such alterations in the times of the respective payments, as will most conduce to the disposing of the said lands at the best rates: Provided, the alteration of the times of payment do not prevent the raising a sufficient sum to redeem this State's money funded upon the said estates, agreeable to the Act of this Assembly emitting the same. [Id. November, 1780, p. 3.] VermoM: An ATct to libel confiscated estates. [Laws of Vermont, 1779-1790; li'SO, p. 9.] An Act to libel confiscated estates. (Id., p. 14.] Virginia: An ordinance for establishing a mode of punishment for the enemies to America in this colony. [9 Hening's Stats. L., 1775-1778, Chap. 7, p. 101. ; An Ordinance to amend an ordinance entitled an ordinance for establishing a mode of punishment 110 CURRENT EMERGENCY LEGISLATION. notes," efe^ ^^ or otherwise such acquittance and* discharge, and shall, custodian. jjj case, of payment to the alien property custodian of any debt or obligation owed to an enemy or ally of enemy, deliver up any notes, bonds, or other evidences of in- debtedness or obligation, or any security therefor in which such enemy or ally of enemy had any right or interest that may have come into the possession of th? alien property custodian, with like effect as if he or they, respectively, were duly appointed by the enemy or ally aa^horUyf* ° ' ^^ enemy, creditor, or obligee. The President shall issue to every person so appointed a certificate of the appoint- evidlnce.'""'''^ '^ment and authority of such person, and such certificate shall be received in evidence in all courts within the for the enemies of America in this colony. [Id. Chap. 7, May, I77(i, p. 180.1 An Act for sequestering British property, enabling those indebted to British subjects to pay off such debts, and directing the proceedings in suits where such subjects are parties, fid., Chap. 9, October, 1777, p. 377.] An Act concerning escheats and forfeitures from British subjects. [10 Hening's Stats. L,, 1779-1781, Chap. U, May, 1779, p. 66.1 An Act to secure the moveable property of those who have joined, or hereafter may join the enemy Id., Chap. 23, May, 1779, p. 92. | t onfederate States: An Act for the sequestration of the estates, property and eltects of alien enemies, and for the indemnity of citizens of the Confederate States, and persons aiding the same in the existing war with the United States. [Confederate States of America, Stats, at L., Public and Private Laws. 1861 1864^ Session 3, Chap. 61, 1861, p 2C1.| An Act to alter and amend an act entitled "An Act for the sequestration of the estates, property and effects of alien enemies, and for indemnity of citizens of the Con- federate States, and persons aiding the same in the existing war with the United States," approved August thirtieth, eighteen hundred and sixty-one. (Id., Session 5, Chap. 71, 1862, p. 260.1 An act to alter and amend an act entitled "An act for the sequestration of the estates, property and effects of alien enemies and for indemnity of citizens of the Confederate States, and persons aiding the same in the existing war with the United States,", approved August 30, 1861, and An Act altering and amending the same, ap- proved on the 15th day of February, 1862. [Id., Session 3, Chap. 11, 1863, p. 101. | United States: An Act to confiscate Property used for insurrectionary purposes. [12 U. S. Stats. L., 1859-1863; Session 1, Chap. 60, 1861, p. 319.) An act to provide for the collection of abandoned Property and for the Prevention of Frauds in insurrectionary Districts within the United States. [Id., Session 3, Chap. 120, 1863, p. 820.| An act to suppress Insurrection, to punish Treason and Rebellion, to seize and confiscate the Property of Rebels, and for other purposes. [Id., Session 2, Chap. 195, 1862, p. 589.| The following statutes [not reprinted herein] are of interest as dealing with the con- fiscation of property captured at sea. Massachusetts: An act in addition to an act made and passed by the General Court in November last, intitled, "An act for fixing out armed vessels to defend the sea coast of America, and for erecting a Court of Justice to try and condemn all vessels that should be found infesting the same. [Acts and Laws of Mass. 1776-1780; 1777 Chap. 16; p. 57.] An act for regulating trials in the Maritime Court; and for making several Maritime and Mercantile matters cognizable therein. [Acts and Laws of Massachusetts 1776- 1780; 1778 Chap. 31, p. 177.] An Act in addition to an Act intitled, "An Act for encour- aging the fixing out armed vessels to defend the sea coast of America, and lor erecting a Court to try and condemn all vessels that shall be found investing the same. [Acts and Laws of Massachusetts, 1776-1780, Chap. 3, p. 265.] Resolve on the representa- tion of Caleb Davis, Esq.; Agent for this Commonwealth, giving him directions relative to the sale of the prizes captured by the Ships Protector and Dean. [Laws & Resolves of Massachusetts, 1780-1781, Chap. 18, p. 385]; Resolve directing the agent for this Com- monwealth to sell at public auction as soon as possible all the prize goods in his pos- session. |Id. Chap. 11, p. 608.1 New Hampshire: An Act tor encouraging the fixing out ol armed vessels, to delend the Sea Coast of America, and to cruize, on the Enemies of the United Colonies, as also for erecting a Court, to try and condemn, all ships, & other vessels, their tackle apparel, and Furniture, and all goods, wares and merchandizes, belonging to any inhabitant or inhabitants oi Great Britain, taken on the High Seas. [Laws of New Hampshire, TEADING WITH ENEMY ACT. Ill United States. Whenever any such certificate of author- ity shall be offered to any registrar, clerk, or other record- ing officer, Federal or otherwise, within the United States, such officer shall record the same in like manner as a power of attorney, and such record or a duly cer- tified copy thereof shall be received in evidence in all courts of the United States or other courts within th? United States. Sec. 8. (a) ^ That any person not an enemy or ally of gj^^^'J^sages^etc.. enemy holding a lawful mortgage, pledge, or lien, or other demand^etc"""*' right in the nature of security in property of an enemy or ally of enemy which, by law or by the terms of the instru- ment creating such mortgage, pledge, or hen, or right, may temufabie ^ "^ on be disposed of on notice or presentation or demand and""''"*-*'"- any person not an enemy or ally of enemy who is a party to any lawful contract with an enemy or ally of enemy, the terms of which provide for a termination thereof upon notice or for acceleration of maturity on presenta- Vol. 4, 1776-1784. Chap. 10, p. 26.1 An Act in addition to an Act, pass'd in the year of our Lord, One thousand seven hundred & Seventy six, Intitled "An Act, lor encour- aging the fitting out of armed vessels, to defend the Sea Coast of America, and to cruize on the enemies of the United Colonies, as also lor erecting a Court to try and condemn, all ships, other vessels, their tackle, apparel, and Furniture, and all goods wares and merchandizes belonging to any inhabitant or inhabitants ol Great Britain taken on the High Seas." |Id. Chap. 2, p. 84. i An Act ior repealing a certain clause in an Act intitled "An Act for encouraging the fixing out ol armed vessels to defend the Sea Coast of America and to cruise on the Enemies of the United Colonies, as also (or erecting a Court to try and condemn all ships & other vessels, their tackle, apparel & lumiture and all goods, wares & merchandizes belonging to any inhabitant or inhabitants ol Great Britain taken on the High Seas." |Id. Chap. 6, p. U3. i Korth Carolina: An Act to impower the Court of Admiralty of this State tc have juris- diction in all cases of capture of the ships and other vessels of the inhabitants and sub- jects of Great Britain, to establish the Trial by Jury m the said Court in cases d Cap- ture. [State Records of North Carolina, 1777-1788, Vol. XXIV; Chap. XVI, r. 119. Pemisylvania: An Act for establishing a Court of Admiralty [Statutes at Large of Pennsylvania, Vol. a, 1776-1779; Chap. DCCCXI, p. 277.] An Act for regulating and estallishing admiralty jurisdiction. |Id. Vol. 10, Chap. DCCCLXXXVII, p. 97; 1779- 1781.] An act to .vest in the Congress of the United States, a power Ic levy duties ol five per centum ad valorem, on certain goods and merchandise imported into this commonwealth, and on prizes and prize goods condemned in the court of admiralty of this state, after the first day of May, one thousand seven hundred and eighty-one, and lor appropriating the same. [Id. Chap. CMXXXVII, p. 296.] Bhode Island: An Act for encouraging the fixing out and authorizing armed vessels to defend the sea-coast of America, and for erecting a Court to try and condemn all ves- sels that shall be found infesting the same. [Laws of Ehode Island, Jan. 1776 to Dec. 1776; March session, p. 312.] An Act in addition to, and amendment of, an Act made and passed by the General Assembly, at the session held at East Greenwich, on the eighteenth day ol March, A..D. 1776, entitled, "An Act for encouraging and fixing out and authorizing armed vessels to defend the sea coast of America, and for erecting a Court to try and condemn all vessels that shall be found infesting the same. " [Id., May ses- sion, p. 41.] It is voted and resolved, That Mr. John Brown be, and he is hereby, ap- pointed to inquire into the Affair of the Prizes, taken by the two Eow-Gallie? in the Har- bour of Newport, and see that the Government's Part of the Prizes be paid into the General Treasury. And that this State give up their Eight to Capt. Grimes, of the ' Federal Statutes— Civil War. See Act to protect the liens upon vessels in certain cases, and for other purposes, March 3, 1863, 12 Stats. 762 [p. 1067]. 112 CUEEENT EMEEGENCY LEGISLATION. prm)M&°aKerde- ^-i^"^ ^r demand, may continue to hold said property, and, uce to*oustSJian. ^^^^^ default, may dispose of the property in accordance with law or may terminate or mature such contract by notice [419] or presentation or demand served or made on the alien property custodian in accordance with the law and the terms of such instrument or contract and under such rules and regulations as the President shall prescribe; and such notice and such presentation and demand shall Effect. have, in aU respects, the same force and effect as if duly served or made upon the enemy or ally of enemy per- umSion onsoually: Provided, That no such rule or regulation shall quirements.' ''"require that notice or presentation or demand shall be served or made in any case in which, by law or by the terms of said instrument or contract, no notice, presen- tation, or demand was, prior to the passage of this Act, required; and that in case where, by law or by the terms of such instrument or contract, notice is required, no pius^afte* "satis- longer period of notice sKall be required: Provided further, "' '^' That if, on any such disposition of property, a surplus shall remain after the satisfaction of the mortgage, pledge, lien, or other right in the nature of security, notice of that fact shall be given to the President pursuant to such rules and regulations as he may prescribe, and such surplus shall be held subject to his further order. Abrogation of (W) i That any contract entered into prior to the be- contracts made ^ / ./ r- with an'enem^'^S^^'^^'^S ^f the War between any citizen of the United "'oducte'etc"*"^*^*^® "'" ^^^ Corporation organized within the United States, and an enemy or ally of an enemy, the terms of Galley Spitfire, and the crew thereof, in the three Anchors and Cables by them Taken up in the Harbour of Newport, to be divided amongst them, agreeable to the Kules pro- vided in such cases, and that they apply to Col. Daniel Tillinghast for the same. [Acts cf Rhode Island, Jan. 1776, to Dec. 1777, October, 1776, Session, p. 6.] Law regarding the Prize Ships Syren . nd Sisters, and the Prize Schooner Two Mates, together with their guns, stores, cargoes, and appurtenances. [Laws of Rhode Island, Feb. 1778 to Dec. 1778; May Session 1778, p. 17.] An Act establishing a Court of Admiralty in this State. [Laws of Rhode Island, Feb. 1780 to Nov. 1780; July Session, 1780, p. 9.] Virginia: An Act to enable the congress of the United States to levy a duty on certain goods and merchandizes, and also on all prizes. [10 Hening's Stats. L., Chap. 2, p. 409.] Confederate States: An Act recognizing theejcistence of war between tile United States and the Confederate States; and concerning letters of marque, prizes and prize goods. [Confederate States of America, Statutes at L., Public and Private Laws, 1861-1864, Sess. 2, Chap. 3, 1861, p. 100.] An Act regulating the sale of prizes, and the distribution thereof. [Id., Sess. 2, Chap. 18, 1861, p. 112.] An Act to amend an act entitled, "An act recognizing the existence of war between the United States and the Confederate States, and concerning letters of marque, prizes and prize goods, approved May sixth, one thousand eight hundred and sixty-one. " [Id. Sess. 2, Chap. 50, 1861, p. 150.] An Act to amend an act entitled "An Act recognizing the existence of war between the United States and the Confederate States, and concerning letters of marque. Prizes and prize goods," approved May sixth, eighteen hundred and sixty-one; and an act entitled "An act regulating the sale of Prizes and the Distribution thereof," approved May six- teenth, eighteen hundred and sixty-one. [Id., Sess. 3, Chap. 64, 1863, p. 208.] 'See Executive Order No. 2729-A, XXIX-XXXIV, October 12, 1917 [p. 185). TRADING WITH ENEMY ACT. 113 which provide for the delivery, during or after any war in which a present enemy or ally of enemy nation has been or is now engaged, of anything produced, mined, or manufactured in the United States, may be abrogated by ,.0^3"°° '" """' such citizen or corporation by serving thirty days' notice in writing upon the alien property custodian of his or its election to abrogate such contract. (c) The running of any statute of limitations shall be tauon"snlpenSd suspended with reference to the rights or remedies on ^^ plyia^aot^, any contract or obligation entered into prior to the be- IfJIi^^l' enemies ginning of the war between parties neither of whom is an enemy or ally of enemy, and containing any promise to pay or liability for payment which is evidenced by drafts or other commercial paper drawn against or secured by funds or other property situated in an enemy or aUy of enemy or ally of enemy country, and no suit shall be maintained on any such contract or obligation in any court within the United States until after the end of the war, or until the said funds or property shall be released for the payment or satisfaction of such contract or obliga- tion: Provided, however, That nothing herein contained other'suspen- shall be construed to prevent the suspension of the run-'"™^""'*^*"'*'^- ning of the statute of limitations in all other cases where such suspension would occur under existing law. Sec. 9. ^ That any person, not an enemy, or ally of^t^.'^^'t^^^ ,^J. enemy, claiming any interest, right, or title in any money ™opejty\^e{^gy or other property which may have been conveyed, trans- <="s""i'*" ferred, assigned, delivered, or paid to the alien property custodian hereunder, and held by him or by the Treasurer of the United States, or to whom any debt may be owing from an enemy, or aUy of enemy, whose property or any part thereof shall have been conveyed, transferred, as- signed, delivered, or paid to the alien property custodian hereunder, and held by him or by the Treasurer of the United States, may file with the said custodian a notice of his claim under oath and in such form and containing such particulars as^he said custodian shaU require ; and the President, if apphcation is made therefor by the claimant, order''*paym'ent' may, with the assent of the owner of said property and """y*"™' ''"• of all persons claiming any right, title, or interest therein, order the payment, conveyance, transfer, assignment or delivery to said claimant of the money or other property 1 See Executive Order No. 2729-A, XXXI-XXXII, Octotier 12, 1917 [p. 186]. Federal Statutes — Civil War. See Act to protect the liens upon vessels in certain cases, and for other purposes, March 3, 1863, 12 Stats. 762 [p. 1067]. 3T639°— 18 8 114 CTJEEENT EMEKGENCY LEGISLATION. SO held by the aUen property custodian or by the Treas- urer of the United States or of the interest therein to which the President shall determine said claimant is Rights' against ^^^-itled: Provided, That no such order by the President barred*"'^ ""'^^^'l bar any person from the prosecution of any suit at law or in equity against the claimant to establish any aftM^the warto "g^t, title[420] or interest wMchhemay have in such money establish interest, qj. other property. If the President shall not so order within sixty days after the filing of such application, or if the claimant shall have filed the notice as above required and shaU have made no application to the President, said claimant may, at any time before the expiration of six months after the end of the war, institute a suit in equity in the district court of the United States for the district in which such claimant resides, or, if a corporation, where it has its principal place of business (to which suit the alien property custodian or the Treasurer of the United States, as the case may bS, shall be made a party defend- property'™nt?i^^*)' *° establish the interest, right, title, or debt so udgment.eto. claimed, and if suit shall be so instituted then the money or other property of the enemy, or ally of enemy, against whom such interest, right, or title is asserted, or debt claimed, shall be retained in the custody of the aUen property custodian, or in the Treasury of the United States, as provided in this Act, and until any final judg- ment or decree which shall be entered in favor of the claimant shall be fuUy satisfied by payment or convey- ance, transfer, assignment, or delivery by the defendant or by the alien property custodian or Treasurer of the United States on order of the court, or until final judg- ment or decree shall be entered against the claimant, or suit otherwise terminated, enforceaw" '™ Except as herein provided, the money or other property conveyed, transferred, assigned, delivered, or paid to the alien property custodian shall not be liable to lien, attach- ment, garnishment, trustee process, or execution, or sub- ject to any order or decree of any court. Wraf'""' This section shall not apply, however, to money paid . to the aHen property custodian under section ten hereof, bie." ^ ^ ' Sec. 10.' That nothing contained in this Act shall be held to make unlawful any of the following Acts: for^5mted*statel ^^^ ^ enemy, or ally of enemy, may file and prose- ^ht°*etc"b''an^"*'® ^^ '^^ United States an application for letters patent, enemy. ' or for registration of trade-mark, print, label, or copy- 1 See Executive Order No. 2729-A, XXXIV, October 12, 1917 Ip. 186). nSADING WITH ENEMY ACT. 115 right, and may pay any fees therefor in accordance with and as required by the provisions of existing law and fees for attorneys or agents for fiUng and prosecuting such ti^e'™^'"" "' apphcations. Any such enemy, or ally of enemy, who is '^<' • -'> p- ^i*- unable during war, or within six months thereafter, on account of conditions arising out of war, to file any such application, or to pay any official fee, or to take any action required, by law within the period prescribed by law, may be granted an extension of nine months beyond the condition. expiration of said period, provided the nation of which the said appUcant is a citizen, subject, or corporation shall extend substantially similar privileges to citizens and corporations of the United States. Patent (ees.etc., *■ . . permitted citi- (b) Any citizen of the United States, or any corpora- 1™^ ^^^^ *" tion organized within the United States, may, when duly authorized by the President, pay to an enemy or ally of enemy any tax, annuity, or fee which may be required by the laws of such enemy or ally of enemy nation in m^Pi^^Ail"""^ relation to patents and trade-marks, prints, labels, and copyrights; and any such citizen or corporation may file and prosecute an application for letters patent or for registration of trade-mark, print, label, or copyright in the country of an enemy, or of an ally of enemy after first submitting such apphcation to the President and receiving license so to file and prosecute, and to pay the fees required by law and customary agents' fees, the ^'J*?^' "" maximum amount of which in each case shall be subject to the control of the President.' (c)^ Any citizen of the United States or any corporation Manufacturing, 1 • 1 • 1 TT • 1 o 1 • ^''^•' ""der pat- orgamzed within the United States desiring to manuf ac- ?°ts, etc., owaed , J. , by enemy. ture, or cause to be manufactured, a machine, manufac- ture, composition of matter, or design, or to carry on, or to use any trade-mark, print, label or cause to be carried on, a process under any patent or copyrighted [421] matter owned or controlled by an enemy or ally of enemy at any time during the existence of a state of war -^^ay apply to the President for a license; and the President is hereby authorized to grant such a license, nonexclusive or exclusive as he shall deem best, provided he shall be of er^^tt,^' ''°*°™ the opinion that such grant is for the pubhc welfare, and 'See Executive Order 2729-A, XVU, XVIII, XIX, October 12, 1917 [p. 183]. *See, for analogous power, provision permitting private parties to use raw materials cf a tbird party in manufacturing in Virginia, Act regarding public tobacco warehouses, 1776, 9 Hening's Stat'. 163, 163 |p. 919]. And lor Act empowering private parties to take over threshing establishments in Peimsylvania, see Act lor supplying the Army ol the United States, and lor other purposes therein mentioned, 1779, 9 Stats, at Lb ;-Mp.760]. 116 CURBBN-T EMEBGENCT LEGISLATION. that the applicant is able and intends in good faith to manufacture, or cause to be manufactured, the machine, manufacture, composition of matter, or design, or to carry on, or cause to be carried on, the process or to use Conditions, etc. q^q trade- mark, print, label or copyrighted matter. The President may prescribe the conditions of this license, including the fixing of prices of articles and products necessary to the health of the military and naval forces of the United States or the successful prosecution of the war, and the rules and regulations under which such license may be granted and the fee which shaQ be charged Fees, etc. therefor, not exceeding flOO, and not exceeding one per centum of the fund deposited as hereinafter provided. Legal efleot ofSuch license shall be a complete defense to any suit at law or in equity instituted by the enemy or ally of enemy owners of the letters patent, trade-mark, print, label or copyright, or otherwise, against the licenses for infringe- ment or for damages, royalty, or other money award on Infra account of anything done by the licensee under such license, except as provided in subsection (f) hereof.' )rom"iiclMeT'S W) The licensee shall file with the President a full "^Pajmenta to^*^^tement of the extent of the use and enjoyment of the ^^^^ °' '°y"hcense, and of the prices received in such form and at such stated periods (at least annually) as the President may prescribe; and the licensee shall pay at such times as may be required to the alien property custodian not to exceed five per centum of the gross sums received by the licensee from the sale of said inventions or use of the trade-mark, print, label or copyrighted matter, or, if the President shall so order, five per centum of the value of the use of such inventions, trade-marks, prints, labels 5titate*^a*°tS°'' copyrighted matter to the licensee as established by lund. the President: and sums so paid shall be deposited by said alien property custodian forthwith in the Treasury of the United States as a trust fund for the said licensee and for the owner of the said patent, trade-mark, print, lundf™™ label or copyright registration as hereinafter provided, to be paid from the Treasury upon order of the court as provided in subdivision (f) of this section, or upon the direction of the alien property custodian.' Duration of 11- (s) Unless surrendered or terminated as provided in censes. ^.j^jg ^^^ ^^y jjcense granted hereunder shall continue during the term fixed in the license or in the absence of any such limitation during the term of the patent, trade- iSee BieoutiTe order 2729-A, XVII, XVIII, XIX, October 12, 1917 p. 1831 TRADING WITH ENEMY ACT. 117 mark, print, label, or copyright registration under which it is granted Upon violation by the licensee of any of the provisions of this Act, or of the conditions of the .f;ani*'^°'^^' import into the United States from any country named in such proclamation any article or articles mentioned in such proclamation except at such time or times, and under such regulations or orders, and subject to such limitations and exceptions as the [423] President shall prescribe, until otherwise ordered by the President or by Congress : Provided, however, That no preference shall no port prefer- be given to the ports of one State over those of another.' "°™' Sec. 12. ' That all moneys (including checks and drafts Moneys re- _ "^ o ^ ceived by custo- payable on demand) paid to or received by the alien d^n^t" ,^ ^ property custodian pursuant to this Act shall be depos-Tf^asury^^^^^ ited forthwith in the Treasury of the United States, and"'" may be invested and reinvested by the Secretary of the Treasury in United States bonds or United States certifi- cates of indebtedness, under such rules and regulations as the President shall prescribe for such deposit, invest- ment, and sale of securities ; and as soon after the end of the war as the President shall deem practicable, such securities shall be sold and the proceeds deposited in the Treasury. AU other property of an enemy, or ally of enemy, con-m^'/jP^'^^'m"^ veyed, transferred, assigned, delivered, or paid to the p'^^p^'^^- alien property custodian hereunder shall be safely held and administered by him except as hereinafter provided; and the President is authorized to designate as a deposi- to^fdes^tii tary, or depositaries, of property of an enemy or ally of enemy, any bank, or banks, or trust company, or trust companies, or other suitable depositary or depositaries, 1 See Presidential Proclamation No. 1411, Nov. 28, 1917 [p. 148]; No. 1425, January 30, 1918 [p. 165]; Executive Order No. 2729-A, III, October 12, 1917 [p. 180]. Resolutions 0/ the Continental Congress. See Resolution regarding exports and imports, April 6, 1776, IV Journals of the Con- tinental Congress [Library of Congress] 257 [p. 205]. Revolutionary War Statutes. Connecticut: See Act more effectually to prevent illicit trade, Acts and Laws, Conneo- ticut, Feb., 1778, p. 490 [p. 238]. New Hampshire.' As to licensing the sale of imports, see Act to encourage fair dealing and to restrain and punish sharpers and oppressors, 1778, 4 Metcalf 's Laws of New Hamp- shire, 139 [p. 478]. South Carolina: See Ordinance to prohibit the importation of British goods, for dis- tribution of monies arising from the sale of forfeited goods and merchandizes, and other purposes, 4 Cooper's Stats. 399 [p. 889]. Federal Statutes— War oflSli. See Act to admit the entry of vessels of the United States under certain conditions, July 5, 1812, 2 Stats. 776 [p. 998]; Act to prohibit intercourse with the enemy, and for other purposes, Eebruary 4, 1815, 3 Stats. 195 [p. 1015]. 2 See Executive Order No. 2729-A, XXXIV, October 12, 1917 [p. 186J. 120 CURRENT EMERGENCY LEGISLATION. located and doing business in the United States. The srty^esign'atedf' ^li^ii property custodian may deposit with such desig- nated depositary or depositaries, or with the Secretary of the Treasury, any stocks, bonds, notes, time drafts, time bills of exchange, or other securities, or property (except money or checks or drafts payable on demand which are required to be deposited with the Secretary of the Treas- dividends'etc" °'^^j) ^^^ such depositary or depositaries shall be author- ized and empowered to collect any dividends or interest or income that may become due and any maturing obli- gations held for the account of such custodian. Any mo^lyl"''* "'moneys collected on said account shall be paid and de- posited forthwith by said depositary or by the alien prop- erty custodian into the Treasury of the United States as hereinbefore provided. posit^*'"" ^^ "^^^ President shall require all such designated deposi- taries to execute and file bonds sufficient in his judgment to protect property on deposit, such bonds to be con- ditioned as he may direct. tee'"of'%rop6rty '^^^ alien property custodian shall be vested with all other than money, of the powers of a common-law trustee in respect of all property, other than money, which shall come into his possession in pursuance of the provisions of this .A.ct, and, acting under the supervision and direction of the President, and under such rules and regulations as the mSiagement'^lt'c: ■P^'^si'^®^* ^^^'1 prescribe, may manage such property and do any act or things in respect thereof or make any disposition- thereof or of any part thereof, by sale or otherwise, and exercise any rights which may be or become appurtenant thereto or to the ownership thereof, if and when necessary to prevent waste and protect such property and to the end that the interests of the United States in such property and rights or of such person as may ultimately become entitled thereto, or to the pro- ceeds thereof, may be preserved and safeguarded.' It be^trSen-e* to shall be the duty of every corporation incorporated within custodian. jj^g United States and every unincorporated association, or company, or trustee, or trustees within the United States issuing shares or certificates representing bene- ficial interests to transfer such shares or certificates upon its, his, or their books into the name of the alien property custodian upon demand, accompanied by the presentation of the certificates which represent such ceStf'" °' '^shares or beneficial interests. The alien property cus- todian shall forthwith deposit in the Treasiu-y of the TEAMING WITH ENEMY ACT. 121 United States, as hereinbefore provided, the proceeds of any such property or rights so sold by him. Any money or property required or authorized by Trelsure?"on o^ the provisions of this Act to be paid, conveyed, trans- ^^' °' custodian, ferred, assigned, or delivered to the alien property custodian shall, if said custodian shall so direct by [424] written order, be paid, conveyed, transferred, assigned, or delivered to the Treasurer of the United States with the same effect as if to the alien property custodian. After the end of the war any claim of any enemy or^j^^'^'^s lor of an ally of enemy to any money or other property *}>^^»'' '" i^ set- received and held by the alien property custodian or deposited in the United States Treasury, shaU be settled as Congress shall direct: Provided, however, That on order Payment on or- • of the President as set forth hi section nine hereof, or of ^^^^"^ or^'^of^tte the court, as set forth in sections nine and ten hereof, '^°^^ ^^ the alien property custodian or the Treasurer of the^^- United States, as the case may be, shall forthwith convey, transfer, assign, and pay to the person to whom the President shall so order, or in whose behalf the court shall enter final judgment or decree, any property of an enemy or ally of enemy held by said custodian or by said Treasurer, so far as may be necessary to comply with said order of the President or said final judgment or decree of the court: And provided further. That the Treasurer of the iicens^™oT' at United States, on order of the alien property custodian, "^^^' ^^^■ shall, as provided in section ten hereof, repay to the ^"''.p-^^o. licensee any funds deposited by said licensee.^ Sec. 13. That, during the present war, in addition to j^^^'pp™^ mani- the facts required by sections forty-one hundred and ^j^- ^jm*''^- ^i9^- ninety-seven, forty-one hundred and ninety-eight, and ^^°^^^ ' ^^ forty-two himdred of the Kevised Statutes, as amended by the Act of June fifteenth, nineteen hundred and seven- teen, to be aet out in the master's and shipper's mani- 1 Federal Statutes— Civil War. See act to suppress insurrection, to punish treason and rebellion, to seize and con- fiscate the property of rebels, and for other purposes, July 17, 1862, 12 Stats. 589 [p. 1060); Joint Resolution explanatory of "an Act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other pur- poses," July 17, 1862, 12 Stats. 627 [p. 1066); Act to protect the liens upon vessels in certain cases, and for other purposes, March 3, 1863, 12 Stats. 762 |p. 1067 : Act to authorize the Secretary of the Treasury to stipulate for the release from attachment or other process of property claimed by the United States, and for other purposes, July 11, 1864, 13 Stats. 122 [p. 1075J. 122 CURRENT EMERGENCY LEGISLATION. sw^mitatomente ^^^^^ before clearance will be issued to vessels bound to ments'"'^' *'^ foreign ports, the master or person in charge of any ves- By master. gg]^ before departure of such vessel from port, shall de- liver to the collector of customs of the district wherein such vessel is located a statement duly verified by oath that the cargo is not shipped or to be delivered in viola- By shipper, tion of tliis Act, and the owners, shippers, or consignors of the cargo of such vessels shall in like manner deliver to the collector like statement under oath as to the cargo Details °'* *^® P^-rts thereof laden or shipped by them, respectively, which statement shall contain also the names and ad- dresses of the actual consignees of the cargo, or if the shipment is made to a bank or other broker, factor, or agent, the names and addresses of the persons who are the actual consignees on whose accoimt the shipment is Copy to consul made. The master or person in control of the vessel ' on reaching port. , „ , F shall, on reaching port of destination of any of the cargo, dehver a copy of the manifest and of the said master's, owner's, shipper's, or consignor's statement to the Amer- ican consular officer of the district in which the cargo is unladen.' Departure tor- Sec. 14. That, during the present war, whenever there bidden iJ mam- . ' ii., -, etc., be- IS reasonable cause to beheve that the manifest or the additional statements under oath required by the preced- ing section are false or that any vessel, domestic or for- eign, is about to carry out of the United States any property to or for the account or benefit of an enemy, or ally of enemy, or any property or person whose export, taking out, or transport wiU be in violation of law, the collector of customs for the district in which such vessel is located is hereby authorized and empowered, subject to review by the President to refuse clearance to any such vessel, domestic or foreign, for which clearance is re- quired by law, and by formal notice served upon the owners, master, or person or persons in command or charge of any domestic vessel for which clearance is not required by law, to forbid the departure of such vessel from the port, and it shall thereupon be unlawful for such vessel to depart. c(to"etc^''tJ* to ^^^ collector of customs shall, during the present war, "S)ffMB ' ^ ^^°^ ^^^ report to the President the amount of gold » See Executive Order No. 2729-A, XXVIII, October 12, 1917 [p. 185]. Federal StatuUs— War of ISIS. See, generally. Act to prohibit American vessels Irom proceeding to or trading with the enemies of the United States, and for other purposes, July 6, 1812, 2 Stats. 778 |p.99e] lieved lalse. TRADING WITH ENEMY ACT. 123 or silver coin or bullion or other moneys of the United States contained in any cargo intended for export. Such report shall include the names and addresses of the con- signors and consignees, together with any facts known to the col[425]lector with reference to such shipment and par- ticularly those which may indicate that such gold or sil- ver coin or bullion or moneys of the United States may be intended for delivery or may be delivered, directly or indirectly, to an enemy or an ally of enemy.' Sec. 15. That the sum of $450,000 is hereby appropri- ,„^appJ»P^_»"™ ated, out of any money in the Treasury of the United p™^°^' ^'^• States not otherwise appropriated, to be used in the dis- cretion of the President for the purpose of carrying out the provisions of this Act during the fiscal year ending June thirtieth, nineteen hundred and eighteen, and for the payment of salaries of aU persons employed under this Act, together with the necessary expenses for trans- portation, subsistence, rental of quarters in the District of Columbia, books of reference, periodicals, stationery, typewriters and exchanges thereof, miscellaneous sup- plies, printing to be done at the Government Printing Office, and all other necessary expenses not included in the foregoing. Sec. 16. That whoever shall willfully violate any of the, Penalty for vio- *' ^ ^ iatiBg provisions, provisions of this Act or of any license, rule, or regulation y^™^-. "guia- issued thereunder, and whoever shall willfully violate, neglect, or refuse to comply with any order of the Presi- dent issued in compliance with the provisions of this Act shaU, upon conviction, be fined not more than $10,000, or, if a natural person, imprisoned for not more than ten Punishment for ' r y r natural persons. years, or both ; and the officer, director, or agent of any corporation who knowingly participates in such violation shall be punished by a like fine, imprisonment, or both, and any property, funds, securities, papers, or other ar- Forfeiture o( tides or documents, or any vessel, togetherwith her tackle, apparel, furniture, and equipment, concerned in such viola- tion shall be forfeited to the United States. Sec. 17. That the district courts of the United States ^^ij^^^ o' are hereby given jurisdiction to make and enter aU such rules as to notice and otherwise, and all such orders and 1 See Executive Order No. 2729-A, XXVm, October 12, 1917 [p. 185). Federal Statutes— War o//«/«. See, generally, Act to prohibit American vessels from proceeding to or trading with the enemies of the United States, and for other purposes, July 6, 1912, 2 Stats. 778 (p. 996J. 124 CURKESTT EMERGENCY LEGISLATIOlir. v?f 36lpp°ii33, '1®^''^^^; ^^^ *o issue such process as may be necessary ""• and proper in the premises to enforce the provisions of this Act, with a right of appeal from the final order or decree of such court as provided in sections one hundred and twenty-eight and two himdred and thirty-eight of the Act of March third, nineteen hundred and eleven, en- titled "An Act to codify, revise, and amend the laws relating to the judiciary." coS?S"^f'pMiip! Sec. 18. That the several courts of first instance in the &i'S!™*Pliilippine Islands and the district court of the Canal Zone shall have jurisdiction of offenses under this Act committed within their respective districts, and concur- ^^cospiracies.rent jurisdiction with the district courts of the United Vol. 35, p. 1096. States of offenses under this Act committed upon the high seas and of conspiracies to commit such offenses as defined by section thirty-seven of the Act entitled "An Act to codify, revise, and amend the penal laws of the United States," approved March fourth, nineteen hun- dred and nine, and the provisions of such section for the purpose of this Act are hereby extended to the Philip- pine Islands and to the Canal Zone, in^'forrim to- ^^^- ^^'^ That ten days after the approval of this Act guage, matter re- and Until the end of the war, it shall be imlawftil for any specting Govern- " '^ Sc°'imiawfui*^'P®^^°'^' fi'^™) corporation, or association, to print, pub- lish, or circulate, or cause to be printed, pubhshed, or circulated in any foreign language, any news item, edi- torial or other printed matter, respecting the Govern- ment of the United States, or of any nation engaged in the present war, its pohcies, international relations, the state or conduct of the war, or any matter relating thereto: N^lppucabie Provided, That this section shaU not apply to any print, tion^med'^^th newspaper, or publication where the pubhsher or dis- printe'd 'the°^ tributor thereof, on or before offering the same for mail- '""'■ ing, or in any manner distributing it to the public, has filed with the postmaster at the place of publication, in the form of an affidavit, a true and complete translation of the entire article containing such matter proposed to be published in such print, newspaper, or publication, and has [426] caused to be printed, in plain type in the English language, at the head of each such item, editorial, or other matter, on each copy of such print, newspaper, or publi- cation, the words "True translation filed with the post- master at on (naming the post office where the translation was filed, and the date of filing >See Executive Order No. 2729- A, XXII-XXIV, October 12, 1917 [p. 184]. TRADING WITH ENEMY ACT. 125 thereof) as required by the Act of (here giving the date of this Act). Any print, newspaper, or pubhcation in any foreign ^Jf,|tterjg<»>; language which does not conform to the provisions of""'^^- this section is hereby declared to be nonmailable, and it shall be unlawful for any person, firm, corporation, or circulating ... . ^ , ,1 • 1 ,. 1 nonmailable maf- association, to transport, carry, or otherwise publish or ter unlawful, distribute the same, or to transport, carry or otherwise publish or distribute any matter which is made non- mailable by the provisions of the Act relating to espio- nage, approved June fifteenth, nineteen hundred and seventeen: Provided further, That upon evidence satisfac- PeTmits to tory to him that any print, newspaper, or publication, Ji^*k1i'|i'ag°,'°5 printed in a foreign language may be printed, pubMshed, t°* Gov'S^Tlnt and distributed free from the foregoing restrictions and ™*y "^ '^™*^- conditions without detriment to the United States in the conduct of the present war, the President may cause to be issued to the printers or publishers of such print, newspaper, or publication, a permit to print, publish, and circulate the issue or issues of their print, newspaper, or pubhcation, free from such restrictions and requirements, such permits to be subject to revocation at his discretion, and the Postmaster General shall cause copies of all such nu^ffS'^p^t'^tr permits and revocations of permits to be furnished to the ^*'*'- postmaster of the post office serving the place from which the print, newspaper, or publication, granted the permit is to emanate. All matter printed published and dis- .^Pngtea notice tributed under permits shall bear at the head thereof in publication, plain type in the English language, the words, "Pub- lished and distributed under permit authorized by the Act of (here giving date of this Act), on file at the post office of (giving name of office)." Any person who shall make an af&davit containing Punishment for any false statement in connection with the translation etc. provided for in this section shall be guilty of the crime voi. 35, p, iiu. of perjury and subject to the punishment provided there- for by section one hundred and twenty-five of the Act of March fourth, nineteen hundred and nine, entitled "An Act to codify, revise, and amend the penal laws of the United States," and any person, firm, corporation, or association, violating any other requirement of this section shall, on conviction thereof, be punished by a fine of not more than $500, or by imprisonment of not more than one year, or, in the discretion of the court, may be both fined and imprisoned. PART II.— PROCIAMATIONS OF PRESIDENT UNDER CURRENT STATUTES. ACQUISITION OF THE JAMESTOWN EXPOSITION SITE FOR NAVAL PXTBPOSES. Bt the President of the United States of America. A PROCLAMATION. WTiereas the Act of Congress to supply urgent deficiencies in appropriations for the Military and Naval Establishments, approved June fifteenth, nineteen hundred and seventeen (Public number Twenty-three, Sixty-fifth Congress), contains the following provision: Naval operating base, Hampton Roads, Virginia: The President is hereby author- ized and empowered to take over for the United States the immediate possession and title, including all easements, rights of way, riparian and other rights appurtenant thereto, and including all the rights and properties of railway, electric light, power, telephone, telegraph, water, and sewer companies, of the tract of land known as the Jamestown Exposition site, on Hampton Roads, Virginia, and of such lands adjacent thereto as lie north of Ninety-ninth Street and Algonquin Street; the entire property being bounded on the north and west by Hampton Roads and Willoughby Bay, on the east by Boush Creek, and on the south by Ninety-ninth and Algonquin Streets. That if said lands and appurtenances and improvements thereof shall be taken over as aforesaid, the United States shall make just compensation therefor, to be deter- mined by the President, and if the amount thereof, so determined by the President, is unsatisfactory to the person entitled to receive the same such person shall be paid seventy-five per centum of the amount so determined by the President and shall be entitled to sue the United States to recover such further sum, as added to said seventy- five per centum will make up such amount as will be just compensation therefor, in the manner provided for by section twenty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code. Upon the taking over of said property by the President as aforesaid, the title to all property so taken over shall immediately vest in the United States. For the payment of compensation for said property so taken over, $1,200,000, or so much thereof as may be necessary; and toward the equipment of the same as a naval operating ba^e, including piers, store houses, oil-fuel storage, training station and recreation grounds for the fleet and other purposes, $1,600,000, in all, $2,800,000: Provided, That the appropriation herein shall be available only for the acquisition of the entire property bounded on the north and west by Hampton Roads and Wil- loughby Bay, on the east by Boush Creek, and on the south by Ninety-ninth and Algonquin Streets, together with all easements, rights of way, riparian and other rights appurtenant thereto, and all the rights and properties of railway, electric light, power, telephone, telegraph, cable, water, and sewer companies: Provided further, That the Secretary of the Navy is authorized to expend public money in the develop- ment of said tract of land without reference to the requirements of section three hundred and fifty-five of the Revised Statutes. 127 128 CUBEENT EMERGENCY LEGISLATION. And whereas it is a military necessity to take possession of the said above mentioned tract of land, together with all easements, rights of way, riparian, and other rights and privileges appiu-tenant or appertaining thereto, and to begin without delay the development of said tract for the uses and purposes of the naval service of the United States: Now, therefore, know all men by these presents: That I, Woodrow Wilson, President of the United States of America, by virtue of the power and authority vested in me by the said act of Congress approved June fifteenth, nineteen hundred and seventeen, do hereby, on behalf of the United States, take title to and possession of the tract of land known as the Jamestown Exposition site on Hampton Koads, Vir- ginia, and of such lands adjacent thereto as lie north of Ninety-ninth Street and Algonquin Street, the entire property being bounded on the north and west by Hampton Roads and Willoughby Bay, on the east by Boush Creek, and on the south by Ninety-ninth and Algonquin Streets; together with all roads, streets, and alleys therein, and all easements, rights of way, riparian and other rights, franchises, and privileges whatsoever appurtenant or appertaining thereto, including all fixed and immovable property within said tract of land, now owned or claimed by any individual or by any railway, electric light, power, telephone, telegraph, cable, water or sewer company or companies, which said tract of land is more particularly described by metes and bounds as follows: All that tract of land in the County of Norfolk, State of Virginia, situate on Hampton Roads and Willoughby Bay beginning at the point of intersection of the north line of Algonquin Street produced in an easterly direction with the line of low water mark on the west side of the main channel of Boush Creek; Thence north eighty-two degrees (82°) west two thousand one hundred and fifty-seven feet (2157'), more or less, along the north line of Algonquin Street ; Thence south eighty-eight degrees (88°) six minutes (6') west three thousand four hundred and eighty-two and nine-tenths feet (3482.9') continuing along the north line of Algonquin Street to the east line of Maryland Avenue ; Thence south eighty-eight degrees (88°) six minutes (6') west one thousand seven hundred and twenty feet (1720') along the north line of Ninety-ninth Street to the east line of Maryland Circle; Thence crossing Maryland Circle north seventy-four degrees (74°) forty-eight minutes (48') west one hundred and thirty-six feet (136') to the point of intersection of the west line of Maryland Circle pro- longed with the north line of Ninety-ninth Street prolonged; Thence south eighty-eight degrees (88°) six minutes (6') west six hundred feet (600'), more or less, along the north line of Ninety- PRESIDENTIAL PROCLAMATIONS. 129 ninth Street to the point of intersection with the line of low water mark of Hampton Roads; Thence in a general northerly and easterly direction following the meanders of the line of low water mark of the waters of Hampton Eoads and Willoughby Bay to the southeast end of the spit of land at the mouth of Boush Creek; Thence following the line of low water mark of the main channel of Boush Creek to the point of beginning, which line of low water mark on Boush Creek has approximately the following courses and distances: Beginning at the southeast end of said spit of land; thence north sixty-eight degrees (68°) west one thousand eight himdred and forty feet (1840'), more or less; thence south thirty-nine degrees (39°) west four hundred feet (400'), more or less; thence south thirty-eight degrees (38°) east one thousand and thirty feet (1030'), more or less; thence south sixteen degrees (16°) west six hundred and fifty feet (650'), more or less, to said point of beginning; Containing in all four hundred and forty (440) acres, more or less; Together with all riparian rights, privileges, easements, and other rights whatsoever appurtenant or appertaining in any way to said above described tract of land in the waters lying between the low water line of said tract and the bulkhead or Port Warden's line to the west of said tract, as said line is now or may hereafter be established, and in the waters lying between the low water line of said tract and a bulkhead or Port Warden's line to the northerly and easterly of said tract, as said line may hereafter be established, the said tract of land being shown in outline on the map or drawing attached hereto and made a part of this proclamation.' The said land above described, together with all the aforesaid rights and privileges appurtenant or appertaining thereto, is hereby declared to be, and the same is set aside for use for naval purposes and is placed under the exclusive control of the Secretary of the Navy, who is authorized and directed to take immediate possession thereof in accordance with the terms of said act on behalf of the United States for the purposes aforesaid. The Secretary of the Navy is further authorized and directed to take such steps as may in his judgment be necessary for the purpose of conducting negotiations with the owners of property or rights whatsoever therein within the said tract of land for the purpose of ascertaining the just compensation to which said owners are entitled in order that payment therefor may be made in accordance with the provisions of the act aforesaid. All persons residing within said tract of land or owning movable property thereui are hereby notified to vacate the said tract of land ' Not reproduced. 37639°— 18 ^9 130 CURRENT EMERGENCY LEGISLATION. and to remove therefrom all movable property prior to the first day of August, nineteen hundred and seventeen. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this twenty-eighth day of June in the year of our Lord one thousand nine hundred and seventeen and of the Independence of the United States the one hundred and forty-first. [seal.] Woodkow Wilson. By the President: Robert Lansing, Secretary of State. [No. 1379.] CERTAIN EXPORTS IN TIME OF WAR UNLAWFUL. By THE President of the United States of America. A PROCLAMATION. Whereas Congress has enacted, and the President has on the fifteenth day of June, 1917, approved a law which contains the fol- lowing provisions : Whenever during the present war the President shall find that the public safety shall 80 require, and shall make proclamation thereof, it shall be unlawful to export from or ship from or take out of the United States to any country named in such proc- lamation any article or articles mentioned in such proclamation, except at such time or times, and under such regulations and orders, and subject to such limitations and exceptions as the President shall prescribe, until otherwise ordered by the President or by Congress: Provided, however, That no preference shall be given to the ports of one State over those of another. Any person who shall export, ship, or take out, or deliver or attempt to deliver for export, shipment, or taking out, any article in violation of this title, or of any regulation or order made hereunder, shall be fined not more than $10,000, or, if a natural person, imprisoned for not more than two years, or both; and any article so delivered or exported, shipped, or taken out, or so attempted to be delivered or exported, shipped, or taken out, shall be seized and forfeited to the United States; and any ofiicer, director, or agent of a corporation who participates in any such viola- tion shall be Uable to like fine or imprisonment, or both. Whenever there is reasonable cause to believe that any vessel, domestic or foreign, is about to carry out of the United States any article or articles in violation of the provisions of this title, the collector of customs for the district in which such vessel is located is hereby authorized and empowered, subject to review by the Secretary of Commerce, to refuse clearance to any such vessel, domestic or foreign, for which clearance is required by law, and by formal notice served upon the owners, master, or person or persons in command or charge of any domestic vessel for which clearance is not required by law, to forbid the departure of such vessel from the port, and it shall thereupon be unlawful for such vessel to depart. Whoever, in violation of any of the provisions of this section shall take, or attempt to take, or authorize the taking of any such vessel out of port or from the jurisdiction of the' United States, shall be tned not more than $10,000 or imprisoned not more than two years, or both; and, in PKESIDENTIAL PROCLAMATIONS. 131 addition, such vessel, her tackle, apparel, furniture, equipment, and her forbidden cargo shall be forfeited to the United States. And whereas, the pubhc safety requires that succor shall be pre- vented from reaching, the enemy; Now, therefore I, Woodrow Wilson, President of the United States of America, do hereby proclaim to all whom it may concern that, except at such time or times and under such regulations and orders and subject to such limitations and exceptions as the President shall prescribe, until otherwise ordered by the President or by Con- gress, the following articles, namely: Coal, coke, fuel oils, kerosene, and gasoline, including bunkers; food grains, flour and meal there- from, fodder and feeds, meat and fats; pig iron, steel billets, ship plates and structural shapes, scrap iron and scrap steel; ferro- manganese; fertilizers; arms, ammunition and explosives, shall not, on and after the fifteenth day of July, 1917, be carried out of or exported from the United States or its territorial possessions to Abyssinia, Afghanistan, Albania, Argentina, Austria-Hungary, Bel- gium, her colonies, possessions, or protectorates, Bolivia, Brazil, Bulgaria, China, Chile, Colombia, Costa Rica, Cuba, Denmark, her colonies, possessions, or protectorates, Dominican Republic, Ecuador, Egypt, France, her colonies, possessions or protectorates, Germany, her colonies, possessions or protectorates. Great Britain, her colonies, possessions or protectorates, Greece, Guatemala, Haiti, Honduras, Italy, her colonies, possessions or protectorates, Japan, Liberia, Leich- tenstein, Luxemburg, Mexico, Monaco, Montenegro, Morocco, Nepal, Nicaragua, The Netherlands, her colonies, possessions, or protecto- rates, Norway, Oman, Panama, Paraguay, Persia, Peru, Portugal, her colonies, possessions, or protectorates, Roumania, Russia, Salvador, San Marino, Serbia, Siam, Spain, her colonies, possessions, or protecto- rates, Sweden, Switzerland, Uruguay, Venezuela, or Turkey. The orders and regulations from time to time prescribed will be administered by and under the authority of the Secretary of Com- merce, from whom licenses, in conformity with the said orders and regulations, will issue. In witness whereof I have hereunto set my hand and caused the seal of the United States to be afHxed. Done at the city of Washington this ninth day of July, in the year of our Lord one thousand nine hundred and seventeen and of the independence of the United States of America the one hundred and forty-second. [seal.] Woodeow Wilson. By the President: Frank L. Polk, Acting Secretary of State. [No. 1385] 132 current emergency legislation. certain exports in time of war ttnlawrtjii. Bt the President of the United States of America, A PROCLAMATION. Whereas Congress has enacted and the President has on the fif- teenth day of June, 1917, approved a law which contains the follow- ing provisions : Whenever during the present war the President shall find that the public safety shall so require, and shall make proclamation thereof, it shall be unlawful to export from or ship from or take out of the United States to any country named in such proclama- tion any article or articles mentioned in such proclamation, except at such time or times and under such regulations and orders, and subject to such limitations and ex- ceptions as the President shall prescribe, until otherwise ordered by the President or by Congress: Provided, however, that no preference shall be given to the ports of one State over those of another. Any person wbo shall export, ship, or take out or deliver or attempt to deliver for export, shipment, or taking out any article in violation of this title, or of any regula- tion or order made hereunder, shall be fined not more than $10,000, or, if a natural person, imprisoned for not more than two years, or both; and any article so delivered or exported, shipped, or taken out, or so attempted to be delivered or exported, shipped, or taken out, shall be seized and forfeited to the United States; and any ofiicer, director, or agent of a corporation who participates in any such violation shall be liable to like fine or imprisonment, or both. Whenever there is reasonable cause to believe that any vessel, domestic or foreign, is about to carry out of the United States any article or articles in violation of the provisions of this title, the collector of customs for the district in which such vessel is located is hereby authorized and empowered, subject to review by the Secretary of Commerce, to refuse clearance to any such vessel, domestic or foreign, for which clearance is required by law, and by formal notice served upon the owners, master, or person or persons in command or charge of any domestic vessel for which clearance is not required by law, to forbid the departmre of such vessel from the port, and it shall thereupon be unlawful for such vessel to depart. Whoever, in violation of any of the provisions of this section shall take or attempt to take or authorize the taking of any such vessel out of port or from the jurisdiction of the United States, shall be fined not more than $10,000 or imprisoned for not more than two years, or both; and in addition such vessel, her tackle, apparel, furniture, equipment, and her forbidden cargo shall be forfeited to the United States; Now, therefore, I, Woodrow Wilson, President of the United States of America, do hereby proclaim to all whom it may concern that the public safety requires that, except at such time or times and imder such regulations and orders, and subject to sucb limitations and excep- tions as the President shall prescribe, until otherwise ordered by the President or by Congress, the following articles, namely: All kinds of arms, guns, ammunition and explosives, machines for their manu- facture or repair, component parts thereof, materials or ingredients used in their manufacture, and aU articles necessary or convenient for their use ; all contrivances for or means of transportation on land or in the water or air, machines used in their manufacture or repair, component parts thereof, materials or ingredients used in their manu- PBESIDEisTTlAL PROCLAMATIONS. 133 facture, and all instruments, articles, and animals necessary or con- venient for their use; all means of communication, tools, implements, instruments, equipment, maps, pictures, papers, and other articles, machines, and documents necessary or convenient for carrying on hostile operations; coin, bullion, currency, evidences of debt, and metal, materials, dies, plates, machinery, and other articles neces- sary or convenient for their manifacture; all kinds of fuel, food, foodstuffs, feed, forage, and clothing, and all articles and materials used in their manufacture; all chemicals, drugs, dyestuffs, and tan- ning materials; cotton, wool, silk, flax, hemp, jute, sisal, and other fibers and manufactures thereof; all earths, clay, glass, sand, and their products; hides, skins, and manufactures thereof; nonedible animal and vegetable products; machinery, tools, and apparatus; medical, surgical, laboratory, and sanitary supplies and equipment; all metals, minerals, mineral oils, ores, and all derivatives and manu- factures thereof; paper pulp, books, and printed matter; rubber, gums, rosins, tars, and waxes, their products, derivatives, and sub- stitutes, and all articles containing them; wood and wood manufac- tures; coffee, cocoa, tea, and spices; wines, spirits, mineral waters, and beverages shall not, on and after the 30th day of August, in the year one thousand nine hundred and seventeen, be exported from or shipped from or taken out of the United States or its territorial pos- sessions to Albania, Austria-Hungary, that portion of Belgium occu- pied by the military forces of Germany, Bulgaria, Denmark, her colonies, possessions, or protectorates; Germany, her colonies, pos- sessions, or protectorates; Greece, Leichtenstein, Luxembourg, the Kingdom of the Netherlands, Norway, Spain, her colonies, posses- sions, or protectorates; Sweden, Switzerland, or Turkey (excluding any portion of the foregoing occupied by the military forces of the United States or the nations associated with the United States in the war) , or any territory occupied by the military forces of Germany or her allies ; and I do hereby further proclaim to all whom it may concern that the public safety requires that, except at such time or times, and under such regulations and orders, and subject to such limitations and exceptions as the President shall prescribe, until otherwise ordered by the President or by Congress, the following articles, namely: Coal; coke; fuel oils, lubricating oils, hand-lantern oil, naptha, benzine, red oil, kerosene, and gasoline; all bunkers; food grains, flour and meal therefrom, corn flour, barley, rice flour, rice, oat meal, and rolled oats; fodder and feeds, oil cake, oil-meal cake, malt, and peanuts; all meats and fats, poultry, cottonseed oil, corn oil, copra, desiccated cocoanuts, butter; fresh, dried, and canned fish, edible or inedible grease of animal or vegetable origin, linseed oil, lard, tinned milk, peanut oil and butter, rapeseed oil, tallow, tallow candles, and 134 CU&EENT EMEEGENCY legislamon. stearic acid; sugar, glucose, syrup, and molasses; pig iron, ferro- silicon, and spiegeleisen; steel ingots, billets, blooms, slabs, and sheet bars; iron and steel plates, including ship, boiler, tank, and all other iron and steel plates one-eighth of an inch thick and heavier and wider than six inches; iron and steel structural shapes, including beams, channels, angles, tees, and zees of all sizes; fabricated struc- tural iron and steel, including beams, channels, angles, tees, zees, and plates, fabricated and shipped knocked down; scrap iron and scrap steel; f erromanganese ; tool steel, high-speed steel, and aUoy steels, and machine tools; steel-hardening materials; fertilizers, including cattle, and sheep manure, nitrate of soda, poudrette, potato manure^ potassium salts, land plaster, potash, cyanamide, phosphoric acid, phosphate rock, superphosphate, chlorate of potash, bone meal, bone flour, ground bone, dried blood, ammonia, and ammonia salts, acid phosphates, guano, humus, hardwood ashes, soot, anhydrous ammonia; aeronautical machines and instru- ments, their parts and accessories thereof; arms and ammunition; all explosives, nitrate of potash, rosin, saltpetre, turpentine, ether, alcohol, sidphur, sulphuric acid and its salts, acetone, nitric acid and its salts, benzol and its derivatives, phenol (carbohc acid) and its derivatives, toluol and its derivatives, mercury and its salts, glycerine, potash and its salts, aU cyanides and films; carrier and other pigeons; anti-aircraft instruments, apparatus and accessories; all radio and wireless apparatus and its accessories; optical glass, optical instruments and reflectors; cotton and cotton linters; wool, wool rags, wool and khaki clippings and wool products; flax, sisal, jute, hemp and all manufactures thereof; hides, skins, leather, leather belting, sole and upper leather, leather boots and shoes, harness atid saddles and leather clothing; soap and soap powders; all engines and motors operated by steam, gas, electricity or other motive power and their accessories; metal and wood-working machin- ery; oil well casing, oil well drilling implements and machinery and the accessories thereof; steam boilers, turbines, condensers, pumps and accessories thereof; aU electrical eqiiipment; crucibles; emery, emery wheels, carborundum and all artificial abrasives; copper, including copper ingots, bars, rods, plates, sheets, tubes, wire and scrap thereof; lead and white lead; tin, tin plate, tin cans and all articles containing tin; nickel, aluminum, zinc, plumbago and platinum; news-paper, print-paper, wood pulp and cellulose; ash, spruce, walnut, mahogany, oak and birch woods; and industrial diamonds shall not, on and after the 30th day of August in the year one thousand nine hundred and seventeen, be exported from, shipped from, or taken out of the United States or its territorial possessions to Abyssinia, Afghanistan, Argentina, that portion of Belgium not occupied by the military forces of Germany or the PKESIDENTIAL PROCLAMATIONS. 135 colonies, possessions or protectorates of Belgium, Bolivia, Brazil, China, Chile, Colombia, Costa Kica, Dominican Republic, Ecuador, Egypt, France, her colonies, possessions or protectorates, Guatemala, Haiti, Honduras, Italy, her colonies, possessions or protectorates. Great Britain, her colonies, possessions or protectorates, Japan, Liberia, Mexico, Monaco, Montenegro, 'Morocco, Nepal, Nicaragua, the colonies, possessions, or protectorates of the Netherlands, Oman, Panama, Paraguay, Persia,- Peru, Portugal, her colonies, possessions, or protectorates, Roumania, Russia, Salvador, San Marino, Serbia, Siam, Uruguay, Venezuela (excluding any portion of the foregoing occupied by the military forces of Germany or her allies), or any territory occupied by the military forces of the United States or by the nations associated with the United States in the war. The regulations, orders, hmitations, and exceptions prescribed wiU be administered by and under the authority of the Exports Administrative Board, from whom licenses, in conformity with said regulations, orders, hmitations, and exceptions, will issue. In witness whereof, I have hereunto set my hand and caused the seal of the United States of America to be afiixed. Done in the District of Columbia, this 27th day of August in the j'^ear of our Lord one thousand nine hundred and seventeen and of the independence of the United States of America the one hundred and forty-second. [seal.] Woodeow Wilson. By the President, Robert Lansing, Secretary of State. [No. 1391.] EXPORTS OF com, BULLION, AND CtTRIlENCy TJNL AWFUL. By the President of the United States of America. A PROCLAMATION. Whereas Congress has enacted, and the President has on the fifteenth day of June, 1917, approved a law which contains the fol- lowing provisions: Whenever during the present war the President shall find that the public safety shall so require, and shall make proclamation thereof, it shall be unlawful to export from or ship from or take out of the United States to any country named in such proclamation any article or articles mentioned in such proclamation, except at such time or times, and under such regulations and orders, and subject to such limitations and exceptions as the President shall prescribe, until otherwise ordered by the Presi- dent or by Congress: Provided, however, that no preference shall be given to the ports of one State over those of another. 136 CURRENT EMERGENCY LEGISLATION. Any person who shall export, ship, or take out, or deliver or attempt to deliver for export, shipment, or taking out, any article in violation of this title, or of any regulation or order made hereunder, shall be fined not more than $10,000, or, if a natural person, imprisoned for not more than two years, or both; and any article so delivered or exported, shipped, or taken out, or so attempted to be delivered or exported, shipped, or taken out, shall be seized and forfeited to the United States; and any officer, director, or agent of a corporation who participates in any such viola- tion shall be liable to like fine or imprisonment, or both. Whenever there is reasonable cause to believe that any vessel, domestic or foreign, is about to carry out of the United States any article or articles in violation of the provisions of this title, the collector of customs for the district in which such vessel is located is hereby authorized and empowered, subject to review by the Secretary of Commerce, to refuse clearance to any such vessel, domestic or foreign, for which clearance is required by law, and by formal notice served upon the owners, master, or person or persons in command or charge of any domestic vessel for which clearance is not required by law, to forbid the departure of such vessel from the port, and it shall thereupon be unlawful for such vessel to depart. Whoever, in violation of any of the provisions of this section shall take, or attempt to take, or authorize the taking of any such vessel out of port or from the jurisdiction of the United States, shall be fined not more than $10,000 or imprisoned not more than two years, or both; and, in addition, such vessel, her tackle, apparel, furniture, equipment, and her forbidden cargo shall be forfeited to the United States. And whereas the President has heretofore by proclamation, under date of the twenty-seventh day of August in the year one thousand nine hundred and seventeen, declared certain exports in time of war unlawful, and the President finds that the pubUc safety requires that such proclamation be amended and supplemented in respect to the articles hereinafter mentioned; Now, therefore, 1, Woodrow Wilson, President of the United States of America, do hereby proclaim to all whom it may concern that the public safety requires that, except at such time or times, and under such regulations and orders, and subject to such limita- tions and exceptions as the President shall prescribe, until other- wise ordered by the President or by Congress, the following articles, namely: coin, bullion and currency: shall not, on and after the 10th day of September in the year one thousand nine hundred and seventeen, be exported from or shipped from or taken out of the United States or its territorial possessions to Albania, Austria- Hungary, Belgium, Bulgaria, Denmark, her colonies, possessions or protectorates, Germany, her colonies, possessions or protectorates, Greece, Leichtenstein, Luxembourg, The Kingdom of the Nether- lands, Norway, Spain, her colonies, possessions or protectorates, Sweden, Switzerland or Turkey, Abyssinia, Afghanistan, Argentina, Bolivia, Brazil, China, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Egypt, France, her colonies, possessions or pro- tectorates, Guatemala, Haiti, Honduras, Italy, her colonies, posses- sions or protectorates. Great Britain, her colonies, possessions or pro- tectorates, Japan, Liberia, Mexico, Monaco, Montenegro, Morocco, Nepal, Nicaragua, the colonies, possessions or protectorates of The PBESIDEITTIAL PBOCLAMATION"S. 137 Netherlands, Oman, Panama, Paraguay, Persia, Peru, Portugal, her colonies, possessions or protectorates, Roumania, Russia, Salvador, San Marino, Serbia, Siam, Uruguay, or Venezuela. The regulations, orders, hmitations and exceptions prescribed will be administered by and under the authority of the Secretary of the Treasury, from whom hcenses in conformity with said regulations, orders, limitations and exceptions will issue. Except as hereby amended and supplemented, the above men- tioned proclamation under date of August 27, 1917, shall continue in full force and effect. In witness whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed. Done in the District of Columbia, this 7th day of September in the year of oux Lord one thousand nine hundred and seventeen and of the independence of the United States of America the one hundred and forty-second. [seal.] Woodrow Wilson. By the President, Robert Lansing, Secretary of State. [No. 1392.] license of evipoiiteiis, mantrfacttjbeils and refiners of sttgar, stjgab syrttps, and molasses. By the President of the United States op America. A PROCLAMATION. Whereas, under and by virtue of an act of Congress entitled "An act to provide further for the national security and defense by en- couraging the production, conserving the supply, and controlling the distribution of food products and fuel," approved by the Presi- dent on the 10th day of August, 1917, it is provided among other things as follows: That, by reason of the existence of a state of war, it is essential to the national security and defense, for the successful prosecution of the war, and for the support and maintenance of the Army and Navy, to assure an adequate supply and equitable distribution, and to facilitate the movement, of foods, feeds, fuel, including fuel oil and natural gas, fertilizer and fertilizer ingredients, tools, utensils, implements, machinery, and equipment required for the actual production of foods, feeds, and fuel, hereafter in this act called necessaries; to prevent, locally or generally, scarcity, monopolization, hoarding, injurious speculation, manipulations, and private controls, affecting such supply, distribution, and movement; and to establish and maintain governmental control of such necessaries during the war. For such purposes the instrumentalities, means, methods, powers, authorities, duties, obligations, and prohibitions hereinafter set forth are created, established, conferred, .and prescribed. The President is authorized to make such regulationo and to issue such orders as are essential effectively to carry out the provisions of this act. 138 CUEEBNT EMERGENCY LEGISLATION. And, whereas, it is further provided in said act as follows: That, from time to time, whenever the President shall find it essential to license the importation, manufacture, storage, mining, or distribution, of any necessaries, in order to carry into effect any of the purposes of this act, and shall publicly so an- nounce, no person shall, after date fixed in the announcement, engage in or carry on any such business specified in the announcement of importation, manufacture, storage, mining, or distribution of any necessaries as set forth in such announcement, unless he shall secure and hold a license issued pursuant to this section. The Presi- dent is authorized to issue such licenses and to prescribe regulations for the issuance of licenses and requirements for systems of accounts and auditing of accounts to be kept by licensees, submission of reports by them, with or without oath or affirmation and the entry and inspection by the President's duly authorized agents of the places of business of licensees. And, whereas, it is essential in order to carry into effect the pro- visions of the said act, and in order to secure an adequate supply and equitable distribution, and to facihtate the movement of cer- tain necessaries hereafter in this proclamation specified that the Hcense powers conferred upon the President by said act be at this time exercised, to the extent hereinafter set forth. Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers conferred upon me by said act of Congress, hereby find and determine and by this proclama- tion do announce that it is essential in order to carry into efifect the purposes of said act, to license the importation, manufacture and refining of sugar, sugar syrups and molasses, to the extent herein- after specified. All persons, firms, corporations and associations engaged in the business either of importing sugar, of manufacturing sugar from sugar cane or beets, or of refining sugar or of manufacturing sugar syrups or molasses (except those specifically exempted by said act of Congress), are hereby required to secure on or before October 1, 1917, a hcense, which hcense will be issued under such rules and regulations governing the conduct of the business as may be pre- scribed. Applications for hcenses must be made to the United States Food Administrator, Washington, D. C, upon forms prepared by him for that purpose. Any person, firm, corporation or association, other than those hereinbefore excepted, who shall engage in or carry on the business either of importing sugar, manufacturing sugar, or refining sugar, or of manufacturing sugar syrups or molasses after October 1, 1917, without first securing such license, will be liable to the penalties prescribed by said act of Congress. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done in the District of Columbia, this seventh day of September in the year of our Lord one thousand nine hundred and seventeen, PEESIDENTIAL PROCLAMATIONS. 139 and of the independence of the United States of America, the one hundred and forty-second. [seal] Woodbow Wilson. By the President, Robert Lansing, Secretary of State. [No. 1393] license of commoditees. By the President of the United States of America. A PROCLAMATION. Whereas, under and by virtue of an .act of Congress entitied "An act to provide further for the national security and defense hy en- couraging the production, conserving the supply, and controlling the distribution of food products and fuel," approved by the Presi- dent on the 10th day of August, 1917, it is provided among other things as follows: That by reason of the existence of a state of war it is essential to the national security and defense, for thes ucceaaful prosecution of the war, and for the support and main- tenance of the Army and Navy to assure an adequate supply and equitable distribu- tion, an-.l to facilitate the movement, of foods, feeds, fuel, including fuel oil and natural gas. and fertilizer and fertilizer ingredients, tools, utensils, implements, machinery, and equipment required for the actual production of foods, feeds, and fuel hereafter in this act called necessaries; to prevent, locally or generally, scarcity, monopoliza- tion, hoarding, injurious speculation, manipulations, and private controls, affectina: such supply, distribution, and movement; and to establish and maintain governmental control of such necessaries during the war. For such purposes the instrumentalities, means, methods, powers, authorities, duties, obligations, and prohibitions herein- after set forth are created, established, conferred, and prescribed. The President is authorized to make such regulations and to issue such orders as are essential effectively to carry out the provisions of this act. And whereas it is further provided in said act as follows : That, from time to time, whenever the President shall find it essential to license the importation, manufacture, storage, mining, or distribution, of any necessaries, in order to carry into effect any of the purposes of this act, and shall publicly so announce, no person shall, after a date fixed in the announcement, engage in or carry on any such business specified in the announcement of importation, manufacture, storage, mining, or distribution of any necessaries as set forth in such announcement, unless he shall secure and hold a license issued pursuant to this section. The President is authorized to issue such licenses and to prescribe regulations for the issuance of licenses and re- quirements for systems of accounts and auditing of accounts to be kept by licensees, submission of reports by them, with or without oath or affirmation, and the entry and inspection by the President's duly authorized agents of the places of business of licensees. And whereas it is essential, in order to carry into effect the provis- ions of the said act, that the powers conferred upon the President by said act be at this time exercised to the extent hereinafter set forth, 140 CURRENT EMERGENCY LEGISLATION. Now, therefore, I, Woodrow Wilson, President of thie United States of America, by virtue of the powers conferred upon me by said act of Congress, hereby find and determine and by this proclama- tion do announce that it is essential, in order to carry into effect the purposes of said act, to license the importation, manufacture, storage, and distribution of necessaries, to the extent hereinafter specified. All persons, firm, corporations, and associations engaged in the business either of (1) operating cold storage warehouses (a cold storage warehouse, for the purposes of this proclamation, being de- fined as any place artifically or mechanically cooled to or below a temperature of 45 degrees above zero Fahrenheit, in which food products are placed and held for thirty days or more) , (2) operating elevators, warehouses, or other places for the storage of corn, oats, barley, beans, rice, cotton seed, cottonseed cake, cottonseed meal, or peanut meal, or (3) importing, manufacturing (including milling, mixing, or packing), or distributing (including buying and selling) any of the following commodities: Wheat, wheat flour, rye or rye flour, Barley or barley flour, Oats, oatmeal, or rolled oats. Corn, com grits, com meal,, hominy, corn flour, starch from com, corn oil, corn syrup or glucose, Rice, rice flour, Dried beans, Pea seed or dried peas, Cotton seed, cottonseed oil, cottonseed cake, or cottonseed meal. Peanut oil or peanut meal, Soya bean oil, soya bean meal, palm oil, or copra oil. Oleomargarine, lard, lard substitutes, oleo oil, or cooking fats, Milk, butter, or cheese, Condensed, evaporated, or powdered milk. Fresh, canned, or cured beef, pork, or mutton, Poultry or eggs. Fresh or frozen fish. Fresh fruits or vegetables. Canned: Peas, dried beans, tomatoes, corn, salmon, or sar- dines. Dried: Prunes, apples, peaches, or raisins, Sugar, syrups, or molasses, Excepting, however, (1) Operators of elevators or warehouses handling wheat or rye, and manufacturers of the derivative products of wheat or rye, who have already been licensed, PBESIDESTTIAL PROCLAMATIONS. 141 (2) Importers, manufacturers, and refiners of sugar, and manu- facturers of sugar syrups and molasses, who have already been licensed, (3) Retailers whose gross sales of food commodities do not exceed $100,000 per annum, (4) Common carriers, (5) Farmers, gardeners, cooperative associations of fanners or gardeners, including live-stock farmers, and other persons with respect to the products of any farm, garden, or other land owned, leased, or cultivated by them, (6) Fishermen whose business does not extend beyond primari! consignment, (7) Those dealing in any of the above commodities on any ex- change, board of trade, or similar institution as defined by section 13 of the act of August 10, 1917, to the extent of their dealings on such exchange or board of trade, (8) Millers of corn, oats, barley, wheat, rye, or rice operating only plants of a daily capacity of less than seventy-five barrels, (9) Canners of peas, dried beans, com, tomatoes, salmon, or sar- dines whose gross production does not exceed 5,000 cases per annum, (10) Persons slaughtering, packing, and distributing fresh, canned, or cured beef, pork, or mutton, whose gross sales of such commodities do not exceed $100,000 per annmn, (11) Operators of poultry or egg packing plants, whose gross sales do not exceed $50,000 per annum, (12) Manufacturers of maple syrup, maple sugar, and maple com- pounds, (13) Ginners, buyers, agents, dealers, or other handlel^ of cotton seed who handle yearly between September 1 and August 31 less than one hundred and fifty tons of cotton seed, are hereby required to secure on or before November 1, 1917, a license, which license will be issued under such rules and regulations govern- ing the conduct of the business as may be prescribed. Application for Ucense must be made to the United States Food Administration, Washington, D. C, Law Department — License Division, on forms prepared by it for that purpose, which may be secured on request. Any person, firm, corporation, or association other than those here- inbefore excepted, who shall engage in or carry on any business here- inbefore specified after November 1, 1917, without first securing such Ucense will be liable to the penalty prescribed by said act of Congress. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done in the District of Columbia, this eighth day of October, in the year of om: Lord one thousand nine hundred and seventeen, and 142 CUEEENT EMEEGENCT LEGISLATION. of the independence of the United States of America, the one hundred and forty-second. [seal] Woodkow Wilson. By the President: KoBEET Lansing, Secretary of State. [No. 1396] m anuf acttjbe , etc . , of explo sive s in time of war unlawful. By the Peesident of the United States of America. A PROCLAMATION. Wliereas, under and by virtue of an act of Congress entitled "An act to prohibit the manufacture, distribution, storage, use and pos- session in time of war of explosives, providing regulations for the safe manufacture, distribution, storage, use and possession of the same, and for other purposes," approved by the President on the 6th day of October, 1917, it is provided among other things that from and after forty days after the passage and approval of said act no person shall manufacture, distribute, store, use, or possess explosives or ingredients thereof, not including explosives for the military or naval service of the United States of America under the authority of the Government or ingredients in small quantities not used or intended to be used in the manufacture of explosives, andnot including small arms or shot- gun cartridges, unless such person shall obtain a license issued in the name of the Director of the Bureau of Mines, except that any work- man may purchase or accept explosives or ingredients thereof under prescribed conditions from a hcensed superintendent or foreman. And whereas, it is further provided in said act as follows: That the Director of the Bureau of Mines, with the approval of the President, is hereby authorized to utilize such agents, agencies, and all ofEcers of the United States and of the several States, Territories, dependencies, and municipalities thereof and the District ot Columbia, in the execution of this act, and all agents, agencies, and all officers oi the United States and of the several States and Territories, depend- encies, and municipalities thereo:, and the District of Columbia, shall hereby have full authority ior all acts done by them in the execution of this act when acting by the direction of the Bureau of Mines. Now, therefore, I, Woodrow Wilson, President of the United States of America, by this proclamation do announce the following: That from and after the 15th day of November, 1917, and during the present war with Germany, it will be unlawful to manufacture, distribute, store, use, or possess explosives or ingredients thereof, except as provided in said act. PBESIDENTTAL PEOCLAMATIONS. 143 That the Director of the Bureau of Mines is hereby authorized to utilize, where necessary for the proper administration of said act, the services of all oflficers of the United States and of the several States, Territories, dependencies, and municipalities thereof, and of the Dis- trict of Columbia, and such other agents and agencies as he may designate, who shall have full authority for all acts done by them in the exiecution of the said act when acting under his direction. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done in the District of Columbia, this twenty-sixth day of October, in the year of our Lord one thousand nine hundred and seventeen, and of the independence of the United States of America, the one hundred and forty-second. [seal] Woodrow Wilson. By the President: KoBERT Lansing, Secretary of State. [No. 1404.] licensing bakers. By the Ppesident of the United States of America. A PROCLAMATION. Whereas, under and by virtue of an act of Congress entitled "An act to provide further for the national security and defense by en- couraging the production, conserving the supply, and controlling the distribution of food products and fuel," approved by the President on the 10th day of August, 1917, it is provided among other things as follows : That by reason of the existence of a state of war, it is essential to the national security and defense, for the successful prosecution of the war, and for the sopport and mainte- nance of the Army and Navy, to assure an adequate supply and equitable distribution and to facilitate the movement of foods, feeds, fuel, including fuel oil and natural ga^, and fertih'zer and fertilizer ingredients, tools, utensils, implements, machinery, and equipment required for the actual production of foods, feeds, and fuel, hereafter in this act called necessaries; to prevent, locally or generally, scarcity, monopolization, hoarding, injurious speculation, manipulations, and private controls affecting such supply, distribution, and movement, and to establish and maintain governmental con- trol of such necessaries during the war. For such purposes the instrumentalities, means, methods, powers, authorities, duties, obligations, and prohibitions hereinafter set forth are created, established, conferred, and prescribed. The President is author- ized to make such regulations and to issue such orders as are essential effectively to carry out the provisions of this act. And whereas, it is further provided in said act as follows: That, from time to time, whenever the President shall find it essential to license the importation, manufacture, storage, mining, or distribution of any necessaries, in order 144 OUBRBNT EMERGENCY LEGISLATION. to carry into effect any of the purposes of this act, and shall publicly so announce, no person shall, after a date fixed in the announcement, engage in or carry on any such business specified in the announcement of importation, manufacture, storage, mining, or distribution of any necessaries as set forth in such announcement, unless he shall secure and hold a license issued pursuant to this section. The President is authorized to issue such licenses and to prescribe regulations for the issuance of licenses and requirements for systems of accounts and auditing of accounts to be kept by licensees, submission of reports by them, with or without oath or affirmation, and the entry and inspection by the President's duly authorized agents of the places of busi- ness of licensees. And, whereas, it is essential, in order to carry into effect the pro- visions of the said act, that the powers conferred upon the President by said act be, at this time exercised, to the extent hereinafter set forth. Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers conferred upon me by said act of Congress, hereby find and determine and by this proclamation do announce that it is essential, in order to carry into effect the purposes of said act, to license the manufacture of necessaries to the extent here- inafter specified. All persons, firms, corporations and associations, who manufacture for sale bread in any form, cake, crackers, biscuits, pastry or other bakery products (excepting, however, those whose consumption of any flour and meal in the manufacture of such products is, in the aggregate, less than 10 barrels a month), are hereby required to pro- cure a license on or before December 10, 1917. This includes hotels, restaurants, other public eating places, and clubs, who serve bread or other bakery products of their own baking. Application for license must be made to the United States Food Administration, Washington, D. C, Law Department — License Divi- sion, on forms prepared by it for that purpose, which may be obtained on request. Any person, firm, corporation or association, other than those here- inbefore excepted, who shall engage in or carry on any business here- inbefore specified after December 10, 1917, without first procuring such license, will be liable to the penalty prescribed by said act of Congress. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done in the District of Columbia this seventh day of November, in the year of our Lord one thousand nine hundred and seventeen, and of the Independence of the United States of America the one hundred and forty-second. [seal.] Woodeow Wilson. By the President: Robert Lansing, Secretary of State. [No. 1406] PRESIDENTIAL PEOCLAMATIONS. 145 LICENSE or ARSENIC INDTTSTBY. By the Peesident of the United States of Ameeioa. A PROCLAMATION. Whereas, under and by virtue of an act of Congress entitled "An act to provide further for the national security and defense by encour- aging the production, conserving the supply, and controUing the distribution of food products and fuel," approved by the President on the 10th day of August, 1917, it is provided among other things as f oUows : That, by reason of the existence of a state of war, it is essential to the national security and defense, for the successful prosecution of the war, and for the support and maintenance of the Army and Navy, to assure an adequate supply and equitable distribution, and to facilitate the movement of foods, feeds, fuel, including fuel oil and natural gas, and fertilizer and fertilizer ingredients, tools, utensils, implements, machinery, and equipment required for the actual production of foods, feeds, and fuel, hereafter in this act called necessaries; to prevent, locally or generally, scarcity, monopolization, hoarding, injurious speculation, manipulations, and private controls, affecting such supply, distribution, and movement; and to establish and maintain governmental control of such necessaries during the war. For such purposes the instrumentalities, means, methods, powers, authorities, duties, obligations, and prohibitions hereinafter set forth are created, established, conferred, and prescribed. The President is authorized to make such regulations and to issue such orders as are essential effectively to carry out the provisions of this act. And whereas it is further provided in said act as follows: That, from time to time, whenever the President shall find it essential to license the importation, manufacture, storage, mining, or distribution of any necessaries, in order to carry into effect any of the pin-poses of this act, and shall publicly so announce, no person shall, after a date fixed in the announcement, engage in or carry on any such business specified in the announcement of importation, manufacture, storage, mining, or distribution of any necessaries as set forth in such announcement, unless he shall secure and hold a license issued pursuant to this section. The President is authorized to issue such licenses and to prescribe regulations for the issuance of licenses and requirements for systems of accounts and auditing of accounts to be kept by licensees, submission of reports by them, with or without oath or afiBrmation, and the entry and inspection by the President's duly authorized agents of the places of business of licensees. And whereas it is essential, in order to carry into effect the pro- visions of the said act, and in order to secure an adequate supply and equitable distribution, and to facilitate the movement of certain necessaries hereafter in this proclamation specified, that the Ucense powers conferred upon the President by said act be at this time exercised to the extent hereinafter set forth. Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers conferred on me by said act of Congress, hereby find and determine and by this proclamation do announce that it is essential, in order to carry into effect the pur- 37639—18 10 146 CURKENT EMEEGENCY LEGISLATION. poses of said act, to license the importation, manufacture, storage, and distribution of the following necessaries: white arsenic, and other insecticides containing arsenic. All persons, firms, corporations, and associations (except those specifically exempted by said act of Congress) engaged in the business of importing, manufacturing, storing, or distributing white arsenic, or engaged in the business of manufacturing other insecticides con- taining arsenic, are hereby required to secure a license on or before November 20, 1917, and aU those engaged in the business of im- porting, storing, or distributing other insecticides containing arsenic are hereby required to secure a license on or before December 10, 1917, which licenses will be issued under such rules and regulations governing the conduct of the business as may be prescribed. The United States Food Administrator shall supervise, direct, and carry into effect the provisions of said act, and the powers and authority thereby given to the President, as far as the same apply to white arsenic and other insecticides containing arsenic, and to any and all practices, procedure, and regulations authorized or required under the provisions of said act, including the issuance, regulation, and revocation, in the name of said Food Administrator, of licenses under said act, and in this behalf he shall do and perform such acts and things as may be authorized or required of him from time to time by direction of the President, and under such rules and regula- tions as may be prescribed by the President, from time to time. And for all the purposes aforesaid he may make use of the govern- mental organization called the United States Food Administration. Applications for licenses must be made to the United States Food Administrator, Washington, D. C, upon forms prepared by him for that purpose. Any person, firm, corporation, or association, other than those hereinbefore excepted, who shall engage in the business of importing, manufacturing, storing, or distributing white arsenic or other insec- ticides containing arsenic, after the dates aforesaid, without first securing such license, wiU be liable to the penalties prescribed by said act of Congress. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done in the District of Columbia this fifteenth day of November, in the year of our Lord one thousand nine hundred and seventeen, and of the independence of the United States of America, the one hundred and forty-second. ISEAL.l WOODROW WlLSON. By the President: Frank L. Polk, Acting Secretary of State. [No. 1407.] presidential pkoolamations. 147 certain fttbtheb exports ttnlawful in time of war. By the President of the United States of America. A PROCLAMATION. Whereas Congress has enacted, and the President has on the fif- teenth day of June, 1917, approved a law which contains the following provisions : Whenever during the present war the President shall find that the public safety shall BO require, and shall make proclamation thereof, it shall be unlawful to export from or ship from or take out of the United States to any country named in such proclamation any article or articles mentioned in such proclamation, except at such time or times, and under such regulations and orders, and subject to such limitations and exceptions as the President shall prescribe, until otherwise ordered by the Presi- dent or by Congress: Provided, however. That no preference shall be given to the ports of one State over those of another. Now, therefore, I, Woodrow Wilson, President of the United States of America, do hereby proclaim to all whom it may concern, that the public safety requires that the following articles (in addi- tion to the articles controlled by the second division of the procla- matiou ot August 27. 1917), namely: iron and steel wire rope, cable and strands consisting of six or more wires: stud link chain cable: micrometers and calipers ; lathe chucks ; antimony . antimony ore, asbes- tos, balata, mica, mica splittings, strontium ores, titanium, wolfram- ite and indium; arsenic and its compounds, opium, caustic soda, soda ash. methylethy' ketone and wood alcohol: acetic acid, glacial acetic acid, acetate of cellulose and all acetates; animal oils and vegetable oils: beans, eggs, peanut meal, flaxseed, soya bean meal, soya bean oil, starch, canned peas, canned tomatoes, canned corn, dried prunes, dried apricots, dried apples, dried raisins and dried peaches quebracho and chestnut extracts; vegetable fibre bags and bagging, except cotton bags and bagging; rubber, sponges, gutta- joolatong, gutta-percha, gutta-siak, shellac, seedlac and cinchona bark; hospital gauze and surgical instruments; yellow pine wood measuring 1' x 1' x 25' and larger sizes; and poster paper: shall not, on and after the first day of December in the year one thousand nine hundred and seventeen, be exported from or shipped from or taken out of the United States or its territorial possessions to Abys- sinia, Afghanistan, Argentina, Belgium, her colonies, possessions or protectorates, Bolivia, Brazil, China, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Egypt, France, her colonies, possessions or protectorates, Great Britain, her colonies, possessions or protectorates, Guatemala, Haiti, Honduras, Italy, her colonies, possessions or protectorates, Japan, Liberia, Mexico, Monaco, Montenegro, Morocco, Nepal, Nicaragua, the colonies, possessions or protectorates of The Netherlands, Oman, Panama, Paraguay, Persia, Peru, Portugal, her colonies, possessions or protectorates, 148 CURRENT EMERGENCY LEGISLATION. Roumania, Russia, Salvador, San Marino, Serbia, Siam, Uruguay or Venezuela, or to any territory occupied by the military forces of the United States or the nations associated with the United States in the war, except at such time or times, and under such regulations and orders, and subject to such limitations and exceptions as the Presi- dent shall prescribe, until oftiherwise ordered by the President or by Congress. The regulations, orders, limitations and exceptions prescribed will be administered by and under the authority of the War Trade Board, from whom licenses, in conformity with said regulations, orders, limitations and exceptions, will issue Said proclamation of August 27, 1917, is hereby confirmed and continued, and all rules and regulations heretofore made in connection therewith or in pur- suance thereof, including the Executive order of October 12, 1917, are likewise hereby confirmed and continued and made applicable to this proclamation. In witness whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed.. Done in the District of Columbia, this 28th day of November in the year of our Lord one thousand nine hundred and seventeen and of the independence of the United States of America the ons hundred and forty-second. [seal. Woodeow Wilson. By the President, Robert Lansing, Secretary of State. [No. 1410.] CERTAIN niPOBTS PROHIBITED EXCEPT UNDER LICENSE. By THE President of the United States of America. A PROCLAMATION. Whereas Congress has enacted, and the President has on the sixth day of October, 1917, approved, a law which contains the following provisions: Whenever during the present war the President shall find that the public safety so requires and shall make proclamation thereof it shall be unlawfu to imporl into the United States from any country named in such proclamation any article or articles mentioned in such proclamation except at such time or times, and under ?uch regula- tions or orders, and subject to such limitations and exceptions as the Presideni =hall prescribe, until otherwise ordered by the President or by Congress: Provided, however. That no preference shall be given to the ports o one State over those of another. Now, therefore, I, Woodrow Wilson, President of the United States of America, do hereby proclaim to all whom it may concern PRESIDElfTIAL PROCLAMATIONS. 149 that the public safety requires that the following articles, namely: antimony, antimony ore, or any chemical extracted therefrom; asbestos; beans of aU kinds; balata; burlap; castor seed, castor oil; cotton ; chrome, chrome ore, or any ferro-alloy or chemical extracted therefrom; coconut oil; cobalt, cobalt ore, or any ferro-alloy or chemical extracted therefrom; copra; industrial diamonds; all ferro-alloys; flax; gutta joolatong;gutta percha; gutta siak; hemp; hides and skins; jute; iridium; leather, manganese, manganese ore, or any ferro-aUoy or chemical extracted therefrom; mica,. molybde- num, molybdenum ore, or any ferro-aUoy or chemical extracted therefrom; naxos emery and naxos emery ore; nickel, nickel ore, matte, or any ferro-alloy or chemical extracted therefrom; sodium, potassium, or calcium nitrates; optical glass; palm oil; platinum; plumbago; pyrites; rice; rubber, raw, reclaimed, waste or scrap; scheelite; shellac; sisal; soya bean oil; spiegeleisen ; sugars; tanning materials; tin in bars, blocks, pigs, or grain or granulated; tin ore and tin concentrates, or any chemical extracted therefrom; titanium, titanium ore, or any ferro-aUoy or chemical extracted therefrom; tobacco; timgsten, tungsten ore, or any ferro-aUoy or chemical extracted therefrom; vanadium, vanadium ore, or any ferro-aUoy or chemical extracted therefrom; wheat and wheat flour; wolframite; or wool, shall not, from and after the date of this proclamation, be imported into the United States or its territorial possessions from Abyssinia, Afghanistan, Albania, Argentina, Austria-Hungary, Bel- gium, her colonies, possessions and protectorates, Bolivia, Brazil, Bulgaria, China, Chile, Colombia, Costa Rica, Cuba, Denmark, her colonies, possessions and protectorates, Dominican Republic, Ecuador, Egypt, France, her colonies, possessions and protectorates, Germany, her colonies, possessions and protectorates, Great Britain, her colonies, possessions and protectorates, Greece, Guatemala, Haiti, Honduras, Italy, her colonies, possessions and protectorates, Japan, Liechtenstein, Liberia, Luxembourg, Mexico, Monaco, Montenegro, Nepal, The Netherlands, her colonies, possessions and protectorates, Nicaragua, Norway, Oman, Panama, Paraguay, Persia, Peru, Portugal, her colonies, possessions and protectorates, Rouraania, Russia, Salvador, San Marino, Serbia, Siam, Spain, her colonies, possessions and protectorates, Sweden, Switzerland, Turkey, Uruguay, or Venezuela, except under license granted by the War Trade Board in accordance with regulations or orders and subject to such hmita- tions and exceptions as have heretofore been made or shall hereafter be prescribed in pursuance of the powers conferred by said act of October 6, 1917, and the Executive order of October 12, 1917. In witness whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed. Done in the District of Columbia, this 28th day of November in the year of our Lord one thousand nine hundred and seventeen and of the 150 CUEEENT EMERGENCY LEGISLATION. independence of the United States of America the one hundred and forty-second. [seal.] Woodeow Wilson. By the President, Robert Lansing, Secretary of State. [No. 1411.] vessels in ports of the united states. By the Peesident of the United States of America. A PROCLAMATION. Whereas, under and by virtue of an act of Congress entitled "An act to punish acts of interference with the foreign relations, the neutrality, and the foreign commerce of the United States, to punis'i espionage, and better to enforce the criminal laws of the United States, and for other purposes," approved by the President on the 15th day of June, 1917, it is provided among other things as follows: Section 1. Whenever the President by proclamation or Executive order declares a national emergency to exist by reason of actual or threatened war, insurrection, or invasion, or disturbance or threatened disturbance of the international relations of the United States, the Secretary of the Treasury may make, subject to the approval of the President, rules and regulations governiag the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United States, may inspect such vessel at any time, place guards thereon, and, if necessary in his opinion in order to secure such vessels from damage or injury, or to prevent damage or injury to any harbor or waters of the United States, or to secure the observance of the rights and obligations of the United States, may take, by and with the consent of the Presi- dent, for such purposes, full possession and control of such vessel and remove there- from the officers and crew thereof and all other persons not specially authorized by him to go to or remain on board thereof. * * * And, whereas, in a proclamation made by me on the 6th day of April, 1917, it was proclaimed that a state of war exists between the United States and the Imperial German Government, And, whereas, it is essential, in order to carry into effect the pro- visions of the said Act, which are quoted herein, that the powers conferred upon the President therein be at this time exercised, Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers conferred upon me by the pro- visions of the said act of Congress quoted herein, do hereby pro- claim that a national emergency exists by reason of the existence of a state of war between the United States and the Imperial German Government, PRESIDENTIAL PROCLAMATIONS. 151 And the Secretary of the Treasury is therefore hereby authorized to make rules and regulations governing the anchorage and move- ment o£ any vessel, foreign or domestic, in the territorial waters of the United States, and to inspect such vessel at any time, place guards thereon, and, if necessary in his opinion in order to secure such vessels from damage or injury, or to prevent damage or injury to any harbor or waters of the United States, or to secure the ob- servance of the rights and obhgations of the United States, to take, for such purposes, full possession and control of such vessel and remove therefrom the officers and crew thereof and all other persons not specially authorized by him to go or remain on board thereof. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done in the District of Columbia, this third day of December, in the year of our Lord, one thousand nine hundred and seventeen, and of the independence of the United States of America, the one hundred and forty-second. WooDRow Wilson, [seal.] By the President: KoBEKT Lansing, Secretary of State. [No. 1413.] LIMITING -ALCOHOLIC CONTENT OF MALT LIQUOR. Br THE President of the United States of America. A PROCLAMATION. Whereas, undir and by virtue of an act of Congress entitled "An act to provide further for the national security and defense by encouraging the production, conserving the supply, and controlling the distribution of food products and fufl," approved by the President on August 10, 1917, it k provided in section 15, among ether things, as follows : Whenever the President shall find that limitation, regulation, or prohibition of the use of foods, fruits, food materials, or feeds in the production of malt or vinous liquors for beverage purposes, or that reduction of the alcoholic content of any such malt or vinous liquor, is essential, in order to assure an adequate and continuous supply of food, or that the national security and defense will be subserved thereby, he is author- ized, from time to time, to prescribe and give public notice of the extent of the limita- tion, regulation, prohibition, or reduction so necessitated. Whenever such notice shall have been given and shall remain unrevoked, no person shall, after a reasonable time prescribed in such notice, use any foods, fruits, food materials, or feeds in the 152 CUERENT EME&GENCY LEGISLAilOlf. production of malt or vinous liquors, or import any such liquors except under license issued by the President and in compliance with rules and regulations determined by him governing the production and importation of such liquors and the alcoholic content thereof; Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers conferred on me by said act of Congress, do hereby find and determine that the national security and defense will be subserved by the limitation of the amount of foodp, fruits, food meteriels, and feeds used in the production of mrlt hquor, and by reduction of the alcohohc content of malt hquor produced in the United States. And by this proclampition I pre- scribe and give public notice that on and after January 1, 1918, the total amoimt of foods, fruits, food materials, and feeds used by any person in the production of malt liquor shall not exceed seventy per cent (70%) of the average consumption of any such foods, fiuits, food materials, or feeds in the production of such malt liquor by such person during the period from January 1, 1917, to January 1, 1918, the unit of time to be fixed by regulation; fmd that on and after January 1, 1918, no malt liquor except ale and porter shall be pro- duced in the United States containing more than two and three- quarters per cent (2.75%) of alcohol by weight. No person shall, after January 1, 1918, use any foods, fruits, food materials, or feeds in the production of malt hquor, unless he secures a Ucenae so to do, to be issued by the Commissioner of Internal Revenue, and comphes with rules and regulations to be hereafter promulgated governing the production of such hquor and the alcoholic content thereof; and no person shell import any such hquor except under hcense to be issued by the Division of Customs, Treasury Department, and in comphance with any rules and regulations governing the importation of such hquors which may be promulgated. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done in the District of Columbia, this eighth day of December in the year of our Lord one thousand nine hundred and seventeen, and of the independence of the United States of America the one hundred and forty-second. [seal.] Woodeow Wilson. By the President: RoBEET Lansing, Secretary oj State. [No. 1416.] ' pkesidential proclamations. 153 declaring establishment of reservation for proposed proving ground. By the President of the United States of America. A PROCLAMATION. Whereas, by the urgent deficiency act, approved October 6, 1917 (Pub. No. 64, 65th Cong.), an appropriation of $7,000,000 was made for increasing the f acihties for the proof and test of ordnance material, including necessary buildings, construction, equipment, land, and damages and losses to persons, firms and corporations resulting from the procurement of the land for this purpose; and also the salaries and expenses of any agents appointed to assist in the procurement of said land, or damages resulting from its taking; And whereas, by said act it is further provided as follows: That if the land and appurtenances and improvements attached thereto, as con- templated under the foregoing appropriation, can not be procured by purchase, then the President is hereby authorized and empowered to take over for the United States the immediate possession and title, including all easements, rights of way, riparian and other rights appurtenant thereto, or any land selected by him to be used for the carrying out of the purpose named in the aforesaid appropriation. That if said land and appurtenances and improvements shall be taken over as aforesaid the United States shall make just compensation therefor, to be determined by the President, and if the amount thereof, so determined by the President, is unsatisfactory to the person entitled to receive the same, such person shall be paid seventy-five per centum of the amount so determined by the President and shall be entitled to sue the United States to recover such further sum, as, added to the said seventy-five per centum, will make up such amount as will be just compensation therefor, in the manner provided for by section twenty-four, paragraph twenty, and section one hundred and forty- five of the Judicial Code. Upon the taking over of said property by the President as aforesaid the title to all such property so taken over shall immediately vest in the United States: Provided further, That section three hundred and fifty-five of the Eevised Statutes of the United States shall not apply to the expenditures authorized hereunder. Now, therefore, I, Woodrow Wilson, President of the United States of America, pursuant to the authority vested in me by the said act of Congress, do hereby order and declare that the following described tract of land is necessary for the purposes specified in said appropriation, namely, all lands within metes and bounds described as follows: Beginning at a point on the westerly side of Chesapeake Bay, at the south side of the mouth of Swan Creek, Harford County, Maryland, known as Plum Point; thence, on a straight line in a southwesterly direction to a point on the west of the southernmost arm of Swan Creek, three hundred feet southeast of and opposite to the stable on the Sidney Hall property; thence, by a straight line in a southwesterly direction to a point formed by the intersection of what is known as the New Cut Road with the road leading from Aberdeen to Michaels-^ille; thence along the southeasterly side of 154 CURBENl EMEBGEisrCY LEGISLATlOSf! the New Cut Road and following its various meanderings and in a southwesterly direction to the bridge across the east fork of Long Bridge Creek; thence, by a straight line, still in a southwesterly direction, except such variations as may be necessary to exclude the Wirsing property, to a point formed by the intersection of the southwesterly side of the main road leading from Ferryman to Michaelsville with the southeasterly side of what is known as Sod Run Road; thence, by a straight line in a southwesterly direction, except such variations as may be necessary to exclude the Williams and Kirby properties, to the point of intersection of the easterly side of the road to Ferryman with the northerly side of the Short Lane Road, said point of intersection being some distance south of the canning factory on the Chelsea Farm; thence, by a straight line in a southwesterly direction across Bush River to Fairview Foint, on the west side of said river; thence, in a southwesterly and westerly direction on a line parallel with and one hundred yards distant north or inland from the low water mark on the northern shore of Bush River and the sahent points of Lauderick Creek, to the northern boundary line of the Cadwallader estate; thence, following the north- ern boundary line of said estate to a point southeast of and two hundred and ten feet distant on a line at right angles to the center line of the right of way of the Fhiladelphia, Wilmington & Balti- more Railroad; thence, southwesterly along a line distant two hun- dred and ten feet southeasterly from the center line of said railroad to an intersection with Reardon Inlet; thence, in a southerly direc- tion along the center line of Reardon Inlet to Gunpowder River; thence, in a southwesterly direction in a straight course to Marshy Foint, at the junction of Dundee Creek and Saltpetre Creek; thence, on the same course to a point in Seneca Creek, on the extension of a straight hne through Briar Foint and the southwesterly point of the small islands lying close to and southwest of Lower Island Foint on Carroll Island; thence, on the said extension and on said hne to the southwesterly point of the said islands ; thence, in a southeasterly direction to the most southwesterly point of Spry Island; thence, including all of Spry Island, in a southeasterly direction to the south- westerly point of Foole's Island, in Harford County, Maryland; thence, northeasterly in a straight course, except such variations as may be necessary to include aU of Poole's Island, to Mulberry Foint, Chesapeake Bay; thence, northeasterly to the point of inter- section of the center line of Spesutie Narrows with Chesapeake Bay; thence, northerly along the center hne of Spesutie Narrows to a point southeast of the westerly landing of the ferry across said narrows ; thence, due northwest to said landing; thence, northwesterly to and along the low water mark on the shore of Chesapeake Bay to the point of beginning. PRESIDENTIAL ?EOCLAMATIONS. 155 It having been ascertained that the said lands and appurtenances and improvements attached thereto can not be procured by pvu*- chase, I do hereby take over for the United States the immediate possession and title, including all easements, rights of way, riparian and other rights appurtenant thereto, for use for the purposes speci- fied in said act of Congress, of and to all lands included within the metes and bounds above described, subject to the provisions of said act as to compensation to be paid therefor, and do hereby re- quire that aU persons now residing thereon shall vacate the same by January 1, 1918. All owners of land and improvements, title and possession of which are hereby taken under authority of said act of Congress, and aU persons having claims or liens in respect thereto, are hereby notified to appear before the commission ap- pointed by the Secretary of War at their ofiice in Aberdeen, Mary- land, and present their claims for compensation for consideration by said commission and ultimate determination by the President in accordance with the provisions of the said act of Congress. This proclamation supersedes the proclamation issued on the 16th day of October, 1917, authorizing the Secretary of War to take over the lands above described together with other lands, which prior proclamation, in so far as it is inconsistent with this proclama- tion, is hereby revoked. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done in the District of Columbia this 14th day of December, in the year of oxir Lord one thousand nine hundred and seventeen, and of the independence of the United States the one hundred and forty-second. [seal.] Woodkow Wilson. By the President: Robert Lansing, Secretary of State. [No. 1418] possession and control of bail and water transporta- tion systems. By the President op the United States of America. A PROCLAMATION. Whereas the Congress of the United States, in the exercise of the constitutional authority vested in them, by joint resolution of the Senate and House of Representatives, bearing date April 6, 1917, resolved : That the state of war between the United States and the Imperial German Govern-, ment which has thus been thrust upon the United States is hereby formally declared; 156 CUEEENT EMERGENCY LEGISLAWOlsr. and that the President be, and he is hereby, authorized and directed to employ the entire naval and military forces of the United States and the resources of the Gov- ernment to carry on war against the Imperial German Government; and to bring the conflict to a successful termination, all of the resources of the country are hereby pledged by the Congress of the United States. And by joint resolution bearing date of December 7, 1917, re- solved : That a state of war is hereby declared to exist between the United States of America and the Imperial and Royal Austro-Hungarian Government; and that the President be, and he is hereby, authorized and directed to employ the entire naval and military forces of the United States and the resources of the Government to carry on war against the Imperial and Royal Austro-Hungarian Government; and to bring the conflict to a successful termination, all the resources of the country are hereby pledged by the Congress of the United States. And whereas it is provided by section 1 of the act approved August 29, 1916, entitled "An act making appropriations for the support of the Army for the fiscal year ending June 30, 1917, and for other pur- poses," as follows: The President, in time of war, is empowered, through the Secretary of War, to take possession and assume control of any system or systems of transportation, or any part thereof, and to utilize the same, to the exclusion as far as may be necessary of all other traffic thereon, for the transfer or transportation of troops, war material and equipment, or for such other purposes connected with the emergency as may be needful or desirable. And whereas it has now become necessary in the national defense to take possession and assume control of certain systems of trans- portation and to utilize the same, to the exclusion as far as may be necessary of other than war traffic thereon, for the transportation of troops, war material and equipment therefor, and for other needful and desirable purposes connected with the prosecution of the war; Now, therefore, I, Woodrow Wilson, President of the United States, under and by virtue of the powers vested in me by the foregoing reso- lutions and statute, and by virtue of all other powers thereto me enabling, do hereby, through Newton D. Baker, Secretary of War, take possession and assume control at 12 o'clock noon on the twenty- eighth day of December, 1917, of each and every system of trans- portation and the appurtenances thereof located wholly or in part within the boundaries of the continental United States and consist- ing of railroads, and owned or controlled systems of coastwise and iuland transportation, engaged in general transportation, whether operated by steam or by electric power, including also terminals, terminal companies and terminal associations, sleeping and par- lor cars, private cars and private car lines, elevators, warehouses, telegraph and telephone lines, and all other equipment and appurte- nances commonly used upon or operated as a part of such rail or com- bined rail and water systems of transportation — to the end that such systems of transportation be utilized for the transfer and trans- PRESIDENTIAL PEOCLAMATIONS. 157 portation of troops, war material and equipment, to the exclusion so far as may be necessary of all other trafl&c thereon; and that so far as such exclusive use be not necessary or desirable, such sys- tems of transportation be operated and utilized in the performance of such other services as the national interest may require and of the usual and ordinary business and duties of common carriers. It is hereby directed that the possession, control, operation and utiUzation of such transportation systems hereby by me undertaken shall be exercised by and through WiUiam G. McAdoo, who is hereby .appointed and designated Director General of Railroads. Said di- rector may perform the duties imposed upon him, so long and to such extent as he shall determine, through the boards of directors receivers, officers, and employees of said systems of transportation. Until and except so far as said director shaU from time to time by general or special orders otherwise provide, the boards of directors, receivers, oflEicers, and employees of the various transportation sys- tems shall continue the operation thereof in the usual and ordinary course of the business of common carriers, in the names of their respective companies. Until and except so far as said director shall from time to time otherwise by general or special orders determine, such systems of transportation shall remain subject to all existing statutes and orders of the Interstate Commerce Commission, and to all statutes and orders of regulating commissions of the various States in which said systems or any part thereof may be situated. But any orders, gen- eral or special, hereafter made by said director, shall have paramount authority and be obeyed as such. Nothing herein shall be construed as now affecting the possession, operation, and control of street electric passenger railways, including railways commonly called interurbans, whether such railways be or be not owned or controlled by such railroad companies or systems. By subsequent order and proclamation, if and when it shall be found necessary or dearable, possession, control, or operation may be taken of all or any part of such street railway systems, including subways and tunnels; and by subsequent order and proclamation possession, control, and operation in whole or in part may also be reHnquished to the owners thereof of any part of the railroad systems or rail and water systems, possession and control of which are hereby assumed. The director shall as soon as may be after having assumed such possession and control enter upon negotiations with the several com- panies looking to agreements for just and reasonable compensation for the possession, use, and control of their respective properties on the basis of an annual guaranteed compensation, above accruing de- preciation and the maintenance of their properties, equivalent, as nearly as may be, to the average of the net operating income thereof 158 CUREENT EMEEGENCY LEGISLATION. for the three-year period ending June 30, 1917 — the results of such negotiations to be reported to me for such action as may be appro- priate and lawful. But nothing herein contained, expressed, or imphed, or hereafter done or suffered hereunder, shall be deemed in any way to impair the rights of the stockholders, bondholders, creditors, and other persons having interests in said systems of transportation or in the profits thereof, to receive just and adequate compensation for the use and control and operation of their property hereby assumed. Regular dividends hitherto declared, and maturing interest upon bonds, debentures, and other obligations, may be paid in due course; and such regular dividends and interest may continue to be paid until and unless the said director shall from time to time otherwise by general or special orders determine; and, subject to the approval of the director, the various carriers may agree upon and arrange for the renewal and extension of maturing obMgations. Except with the prior written assent of said director, no attach- ment by mesne process or on execution shall be levied on or against any of the property used by any of said transportation systems in the conduct of their business as common carriers; but suits may be brought by and against said carriers and judgments rendered as hitherto until and except so far as said director may, by general or special orders, otherwise determine. From and after twelve o'clock on said twenty-eighth day of Decem- ber, 1917, all transportation systems included in this order and pro- clamation shall conclusively be deemed within the possession and control of said Director without further act or notice. But for the purpose of accounting said possession and control shaU date from twelve o'clock midnight on December 31, 1917. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done by the President, through Newton D. Baker, Secretary of War, in the District of Columbia, this 26th day of December, in the year of our Lord one thousand nine hundred and seventeen, and of the independence of the United States the one hundred and forty- second. [seal.] Woodrow Wilson. By the President: Robert Lansing, Newton D. Baker, Secretary of State. Secretary of War. [No. 1419] presidential proclamations. 159 pbohibiting aibcb.aft expositions. By the President of the United States of America. A PROCLAMATION. Whereas, a state of war exists, and the military and naval forces of the United States are endangered by enemy aircraft, and Whereas, this danger will be increased by communicating to the enemy the present state of aircraft invention in the United States, and Whereas, the holding of so-called expositions of aircraft is a method of collecting and distributing information important to the enemy. Now, therefore, I, Woodrow Wilson, President of the United States, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby, for the protection of such forces, proclaim to aU whom it may concern that, under the pains and pen- alties prescribed by the laws of war and the statutes of the United States, throughout the present war no exposition of aircraft shall be held in the United States or its possessions. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done in the District of Columbia, this first day of January, in the year of our Lord one thousand nine hundred and eighteen, and of the independence of the United States the one hundred and forty- second. [seal.] Woodrow Wilson. By the President: Robert Lansing, Secretary of State. [No. 1420] license of ammonia indttstb.y. Bt the President of the United States of America. A PROCLAMATION. Whereas under and by virtue of an act of Congress entitled "An act to provide further for the national security and defense by encouraging the production, conserving the supply, and cont oiling the distri- bution of food products and fuel," approved by the President on the 10th day of August, 1917, it is provided among other things as follows: That by reason of the existence of a state of war, it is essential to the national security and defense, for the successful prosecution of the war, and for the support and maintenance of the Army and Navy, to assure an adequate supply and equitable 160 OUBBENT EMEBGENCY LEGISLATION. distribution, and to facilitate the movement, of foods, feeds, fuel, including fuel oil and natural gas, and fertilizer and fertilizer ingredients, tools, utensils, implements, machinery, and equipment required for the actual production of foods, feeds, and fuel, hereafter in this act called necessaries; to prevent, locally or generally, scarcity, monopolization, hoarding, injurious speculation, manipulations, and private controls, affecting such supply, distribution, and movement; and to establish and maintain governmental control of such necessaries during the war. For such purposes the in- strumentalities, means, methods, powers, authorities, duties, obligations, and pro- hibitions hereinafter set forth are created, established, conferred, and prescribed. The President is authorized to make such regulations and to issue such orders as are essential effectively to carry out the provisions of this act. And whereas it is further provided in said act as follows: That, from time to time, whenever the President shall find it essential to license the importation, manufacture, storage, mining, or distribution of any necessaries, in order to carry into effect any of the purposes of this act, and shall publicly so announce, no person shall, after a date fixed in the announcement, engage in or carry on any such business specified in the announcement of importation, manufacture, storage, mining, or distribution of any necessaries as set forth in such announcement, unless he shall secure and hold a license issued pursuant to this section. The President is authorized to issue such licenses and to prescribe regulations for the issuance of licenses and requirements for systems of accounts and auditing of accounts to be kept by licensees, submission of reports by them, with or without oath or aflSrmation, and the entry and inspection by the President's duly authorized agents of the places of business of licensees And whereas it is essential in order to carry into effect the pro- visions of the said act, and in order to secure an adequate supply and equitable distribution, and to facilitate the movement of certain necessaries hereafter in this proclamation specified that the license powers conferred upon the President by said act be at this time exercised to the extent hereinafter set forth. Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers conferred on me by said act of Congress, hereby find and determine, and by this proclamation do announce that it is essential in order to carry into effect the purposes of said act, to license the importation, manufacture, storage, and distribution of the following necessaries: Ammonia, ammoniacal liquors, and ammonium sulphate from whatever source produced. All persons, firms, corporations, and associations (except those specifically exempted by said act of Congress) engaged in the business of importing, manufacturing, storing, or distributing ammonia, ammoniacal liquors, or ammonium sulphate from whatever source produced are hereby required to secure a license on or before Janu- ary 21, 1918, which will be issued under such rules and regulations governing the conduct of the business as may be prescribed. The Secretary of Agriculture shall supervise, direct, and carry into effect the provisions of said act, and the powers and authority thereby given to the President as far as the same apply to ammonia, ammo- niacal hquors, and ammonium sulphate from whatever source pro- PBESIDElirTIAL PROCLAMATIONS. 161 duced, and to any and all practices, procedure, and regulations applicable thereto, authorized or required under the provisions of said act, and in this behalf he shall do and perform such acts and things as may be authorized or required of him from time to time by direction of the President and under such rules and regulations as may be prescribed by the President from time to time. All departments and agencies of the Government are hereby directed to cooperate with the Secretary of Agriculture in the performance of the duties hereinbefore set forth. Applications for licenses must be made to the Law Department, License Division, United States Food Administration, Washington, D. C, upon forms prepared for that purpose. Any person, firm, corporation, or association, other than those hereinbefore excepted, who shall engage in the business of importing, manufacturing, storing, or distributing ammonia, ammoniacal liquors, or ammonium sulphate from whatever source produced after the date aforesaid, without first securing such license, will be liable to the penalties prescribed by said act of Congress. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done in the District of Columbia, this third day of January, in the year of our Lord one thousand nine hundred and eighteen, and of the independence of the United States of America the one hundred and forty-second. [seal.] Woodkow Wilson. By the President: - KoBEET Lansing, Secretary of State. [No. 1421] LICENSma THE IMPORTATION, MANXJFACTUBB, STOBAGE, AND DISTIIIBIJTION OF FEEDS, AND CERTAIN OTHER FOOD COMMODI- TIES. By the Pebsident of the United States of Ameeica. A PROCLAMATION. Whereas, under and by virtue of an act of Congress entitled "An act to provide further for the national security and defense by en- couraging the production, conserving the supply, and controlling the distribution of food products and fuel," approved by the Presi- 37639—18 ^11 162 CUEBENT EMEBGENCT LEGISLATION. dent on the 10th day of August, 1917, it is provided among other things as follows: That, by reason of the existence of a state of war, it is essential to the national Becurity and defense, for the successful prosecution of the war, and for the support and maintenance of the Army and Navy, to assure an adequate supply and equitable distribution, and to facilitate the movement of foods, feeds, fuel, including fuel oil and natural gas, and fertilizer and fertilizer ingredients, tools, utensils, implements, machinery, and equipment required for the actual production of foods, feeds, and fuel, hereafter in this act called necessaries; to prevent, locally or generally, scarcity, monopolization, hoarding, injurious speculation, manipulations, and private controls, affecting such supply, distribution, and movement; and to establish and maintain governmental control of such necessaries dtiring the war. For such purposes the in- strumentalities, means, methods, powers, authorities, duties, obligations, and prohibitions hereinafter set forth are created, established, conferred and prescribed. The President is authorized to make such regulations and to issue such orders as are essential effectively to carry out the provisions of this act. And, whereas, it is further provided in said act as follows : That, from time to time, whenever the President shall find it essential to Ucense the importation, manufacture, storage, mining or distribution of any necessaries, in order to carry into effect any of the purposes of this act, and shall publicly so announce, no person shall, after a date fixed in the announcement, engage in or carry on any such business specified in the announcement of importation, manufactiu-e, storage, mining, or distribution of any necessaries as set forth in such announcement, unless he shall secure and hold a license issued pursuant to this section. The President is authorized to issue such licenses and to prescribe regulations for the issuance of licenses and requirements for systems of accounts and auditing of accounts to be kept by licensees, submission of reports by them, with or without oath or affirmation, and the entry and inspection by the President's duly authorized agents of the places of business of licensees. And, whereas, it is essential in order to carry into effect the pro- visions of the said act, that the powers conferred upon the President by said act be at this time exercised, to the extent hereinafter set forth. Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers conferred upon me by said act of Congress, hereby find and determine and by this proclamation do announce that it is essential, in order to carry into effect the pur- poses of said act, to license the importation, manufacture, storage, and distribution of feeds, and certain other food commodities, to the extent hereinafter specified. (1) All persons, firms, corporations, and associations engaged in the business of (a) Importing, manufacturing (including mixing and processiag of all kinds), storing or distributing any commercial mixed feeds (including dairy feeds, horse and mule feeds, stock feeds, hog feeds, and poultry feeds). PRESIDENTIAL PROCLAMATIONS. 163 (6) Manufacturing feeds from any of the following commodities or importing, storing or distributing any of the following conamodities as feeds or feed ingredients: Buckwheat. Sunflower seed. Dried yeast grains. KaflSir. Grain and seed screenings. Malt sprouts. Milo. Lentils. Baled hay. Feterita. Linseed oil cake. Baled alfalfa, Broom com. Linseed oil meal. Baled straw. Cane seed. Beans. Animal or fish products or Spelt. Peas. by-products. Emmer. Dried brewers grains. Tankage. Millet. Dried distillers grains. (c) Importing, man\ifacturing, storing or distributing as feed any products or by-products of any of the following com- modities except products or by-products whose importa- tion, manufacture, storage or distribution is alTeady cov- ered by a license held by any such person, firm, corporation or association: Shelled com. Rice. Pahn kernel, Ear com. Grain and seed screenings. Sugar beets. Oats. Soya beans. Sugar cane. Barley. Velvet beans. Hay. Wheat. Peas. Alfalfa. Rye. Peanuts. Straw. Buckwheat. Copra. Sorghum grains. Palm nut. (2) AU persons, firms, corporations, and associations engaged in the business of malting barley, or other grains, or in the business of storing or distributing malt, except breweTs of malt liquor who do not malt their own grain. (3) All persons, firms, corporations, and associations engaged in the business of importing, manufacturing, or distributing copra, pahn kernels, pahn kernel oil, and peanuts. (4) All salt water fishermen not already licensed by the United States Food Administration, whether fishing independently or on shares, engaged at any period of the year, in the commercial dis- tribution, including catching and selling, of any or all varieties of salt water fish including menhaden and of shellfish and crustaceans. (5) AU persons, firms, corporations, and associations engaged in the business of canning peas, dried beans, com, tomatoes, salmon, or sardines not already hcensed whose gross production is more than five hundred (500) cases per annum, except home canners and bona fide boys' and girls' canning clubs recognized by the Depart- ments of Agriculture of the several States in the United States. (6) All persons, firms, corporations, and associations not already licensed, engaged in the business of manufactiiring tomato soup, tomato catsup, or other tomato products. 164 CURRENT EMERGENCY LEGISLATION. (7) All persons, firms, corporations, and associations engaged in the business of manufacturing alimentary paste. (8) All persons, firms, corporations, and associations, not already licensed, engaged in the business of manufactiu-ing any products derived from wheat or rye, excepting, however, (1) Eetailers whose gross sales of food commodities do not exceed one hundred thousand dollars ($100,000) per annum. (2) Common carriers as to operations necessary to the business of common carriage; (3) Farmers, gardeners, cooperative associations of farmei-s or gardeners, including live stock farmers and other persons with respect to the products of any farm, garden, or other land owned, leased, or cultivated by them; Are hereby required to secure on or before February 15, 1918, a li- cense, which hcense will be issued under such rules and regulations governing the conduct of the business as may be prescribed. All persons hereby made subject to license must apply, specifying the kind of Hcense desired, to the United States Food Administra- tion, License Division, Washington, D. C, on forms prepared by it for that purpose, which may be secured on request. Any person, firm, corporation, or association other than those here- inbefore excepted, who shall engage in or carry on any business hereinbefore specified after February 15, 1918, without first securing such license, will be liable to the penalty prescribed by said act of Congress. In witness whereof I have hereunto set my hand and caused the seal of the United States to be afiixed. Done in the District of Columbia, this tenth day of January, in the year of our Lord one thousand nine hundred and eighteen, and of the independence of the United States of America the one hundred and forty-second. [seal.] Woodeow Wilson. By the President: EoBEET Lansing, Secretary of State. [No. 1422. presidektial proclamations. 165 licensing bakers and importers or distributors of green coffee. By the President of the United States op America A PEOCLAMATION Whereas, under and by virtue of an Act of Congress entitled "An Act to provide further for the national security and defense by encouraging the production, conserving the supply, and controlling the distribution of food products and fuel," approved by the President on the 10th day of August, 1917, it is provided among other thiags as follows: That by reason of the existence of a state of war, it is essential to the national security and defense, for the successful prosecution of the war, and for the support and maintenance of the Army and Navy, to assure an adequate supply and equitable distribution, and to facilitate the movement, of foods, feeds, fuel including fuel oil and natural gas, and fertilizer and fertilizer ingredients, tools, utensils, implements, machinery, and equipment required for the actual production of foods, feeds, and fuel, hereafter in this Act called necessaries; to prevent, locally or generally, scarcity, monopolization, hoarding, injurious speculation, manipulations, and private con- trols, affecting such supply, distribution, and movement; and to establish and main- tain governmental control of such necessaries during the war. For such purposes the instrumentalities, means, methods, powers, authorities, duties, obligations, and prohibitions hereinafter set forth are created, established, conferred, and prescribed. The President is authorized to make such regulations and to issue such orders as are essential effectively to carry out the provisions of this Act. And, whereas, it is further provided in said Act as follows: That, from time to time, whenever the President shall find it essential to license the importation, manufacture, storage, mining, or distribution of any necessaries, in order to carry into effect any of the purposes of this Act, and shall publicly so announce, no person shall, after a date fixed in the aanouncement, engage in or carry on any such business specified in the announcement of importation, manufacture, storage, mining, or distribution of any necessaries as set forth in such announcement, unless he shall secure and hold a license issued pursuant to this section. The President is authorized to issue such licenses and to prescribe regulations for the issuance of licenses and requirements for systems of accounts and auditing of accounts to be kept by licensees, submission of reports by them, with or without oath or affirma- tion, and the entry and inspection by the President's duly authorized agents of the places of business of licensees. And, whereas, it is essential, in order to carry into effect the provi- sions of the said Act, that the powers conferred upon the President by said Act be at this time exercised, to the extent hereinafter set forth, Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers conferred upon me by said Act of Congress, hereby find and determine and by this proclamation do announce that it is essential, in order to carry into effect the purpose of said Act, to license the importation, manufacture, and distribution of necessaries, to the extent herehiafter specified. 166 OUBRENT EMEEGENCY LEGISLATIOI r. 18S, supra. EXECUTIVE OKDEBS. 189 QEBMAN BOATS. Whereas the following joint resolution adopted by Congress was approved by the President May 12, 1917: Joint resolution authorizing the President to take over for the United States the pos- session and title of any vessel within its jurisdiction which at the time of coming therein was owned in whole or in part by any corporation, citizen, or subject of any nation with which the United States may be at war, or was under register of any such nation, and for other purposes. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he is hereby, authorized to take over to the United States the immediate possession and title of any vessel within the juris- diction thereof, including the Canal Zone and all territories and insular possessions of the United States except the American Virgin Islands, which at the time of coming into such jurisdiction was owned in whole or in part by any corporation, citizen, or subject of any nation with which the United States may be at war when such vessel shall be taken, or was fliying the flag of or was under register of any such nation or any political subdivision or municipality thereof; and, through the United States Ship- ping Board or any department or agency of the Government, to operate, lease, charter, and equip such vessel in any service of the United States or in any commerce, foreign or otherwise. Sec. 2 . That the Secretary of the Navy be, and he is hereby, authorized and directed to appoint, subject to the approval of the President, a board of survey, whose duty it shall be to ascertain the actual value of the vessel, its equipment, appurtenances, and all property contained therein at the time of its taking and to make a written report of their findings to the Secretary of the Navy, who shall preserve such report with the records of his department. These findings shall be considered as competent evidence in all proceedings on any claim for compensation. And whereas the following vessel was at the time of coming into the jurisdiction of the United States owned in whole or in part by a corporation, citizen, or subject of the Empire of Germany, a nation with which the United States is now at war, or was flying the flag of or under the register of the Empire of Germany or of a pohtical sub- division or municipality thereof: Steam tug Pollux, now lying at the port of New York- It is therefore ordered that through the United States Shipping Board there be taken over to the United States the possession and title of the aforementioned vessel. The United States Shipping Board is further hereby authorized to repair, equip, and man said vessel; to operate, lease, or charter the same in any service of the United States, or in any commerce, foreign or otherwise; and to do and perform any and aU things that may be necessary to accomphsh the purposes of the joint resolution above set forth. WooDROw Wilson. The White House, November 2, 1917. [No. 2748] 190 CURRENT EMEEGENOY LEGISLATION. DETERMINATION OF A JUST, FAIR, AND REASONABLE PROFIT UNDER SECTION 5 OF THE FOOD CONTROL ACT. I hereby authorize and direct the United States Food Adminis- trator, in prescribing regulations for Ucensees under section 5 of the act of Congress approved August 10, 1917, entitled "An act to provide further for the national security and defense by encouraging the pro- duction, conserving the supply, and controlling the distribution of food products and fuel," and in enforcing and carrying into effect, so far as it relates to foods, feeds, and their derivative products, that part of section 5 which reads as follows: Whenever the President shall find that any storage charge, comtoission, profit, or practice of any licensee is unjust, or unreasonable, or discriminatory and unfair, or ■wasteful, and shall order such licensee, within a reasonable time fixed in the order, to discontinue the same, unless such order, which shall recite the facts found, is revoked or suspended, such licensee shall, within the time prescribed in the order, discontinue such unjust, unreasonable, discriminatory and unfair storage charge, commission, profit, or practice. The President may, in lieu of any such unjust, unreasonable, dis- criminatory, and unfair storage charge, commission, profit, or practice, find what is a just, reasonable, nondiscriminatory and fair storage charge, commission, profit, or practice, and in any proceeding brought in any court such order of the President shall be prima facie evidence. to find that a just, reasonable, and fair profit is the normal average profit which persons engaged in the same business and place obtained prior to July 1, 1914, imder free competitive conditions; to indicate, if he shall see fit to do so, what margin over cost will return such a just, reasonable, and fair profit, and to take such legal steps as are authorized by said act to prohibit the taking of any greater profit. WooDEOw Wilson. The White Housb,- November £7 , 1917. [No. 2765] VESTING POWER AND AUTHORITY IN DESIGNATED OFFICERS AND MAKING RULES AND REGULATIONS UNDER TRADING WITH THE ENEMY ACT AND TITLE VII OF THE ACT APPROVED JUNE 15, 19X7. [Supplemental to Executive order of October 12, 1917.] By virtue of the authority vested in me by "An act to define, regulate, and pimish trading with the enemy and for other purposes," approved October 6, 1917, I hereby make the following orders, rules, and regulations : I. I hereby prohibit any and all foreign insurance companies from doing business within the United States after February 1, 1918, unless such companies shall first obtain from the Secretary of the Treasury licenses to do business. EXECUTIVE ORDERS. 191 II. I further hereby vest in the Secretary of the Treasury the power and authority to issue at any time, upon such terms and conditions as the Secretary of the Treasury may deem proper and as are not inconsistent with law, or to refuse, a license to any foreign insurance company to do business within the United States through agencies, branch offices, or otherwise. WooDKOW Wilson. The White House, December 7, 1917. [No. 2770] EXECUTIVE ORDEB. EXECUTIVE ORDER PRESCRIBING RULES AND REGULATIONS UNDER SECTION 5 OF THE TRADING-WITH-THE-ENEMT ACT AND SUPPLE- MENTING RULES AND REGULATIONS HERETOFORE PRESCRIBED UN- DER TITLE 7 OF THE ESPIONAGE ACT. Whereas by virtue of the authority vested in me by the act ap- proved June 15, 1917, known as the Espionage Act, I directed by Executed order, dated September 7, 1917, that the regulations, orders, limitations, and exceptions prescribed by me in relation to the export of coin, bullion, and currency should be administered by the Secretary of the Treasury, and upon his recommendation pre- scribed certain regulations in relation thereto; and Whereas by Executive order, dated October 12, 1917, made under authority of the act aforesaid and of the act approved October 6, 1917, known as the Trading-with-the-Enemy Act, I vested in the Secretary of the Treasury the executive administration of any inves- tigation, regulation, or prohibition of any transactions in foreign exchange, export, or earmarking of gold or silver coin or bullion or currency, transfers of credit in any form (other than credits relating solely to transactions to be executed wholly within the United States) and transfers of evidences of indebtedness or of the owner- ship of property between the United States and any foreign country or between residents of one or more foreign coimtries by any person within the United States, and I further vested in the Secretary of the Treasury the authority and power to require any person engaged in any such transaction to furnish, imder oath, complete information relative thereto, including the production of any books of accoimt, contracts, letters, or other papers in connection therewith in the custody or control of such person, either before or after such transac- tion is completed; and ^ Whereas by said Executive order, dated October 12, 1917, I au- thorized and directed the Secretary of the Treasury for the purpose 192 CXJBBENT EMERGENCY LEGISLATION. of such executive administration to take such measures, adopt such administrative procedure, and use such agency or agencies as he may from time to time deem necessary and proper for that purpose; and Whereas the Secretary of the Treasury, with the approval of the President, by order dated November 23, 1917, adopted certain ad- ministrative procedure for the executive administration, authority and power vested in the Secretary of the Treasury by said Executive order, dated October 12, 1917, and designated the Federal Reserve Board to act as the agency of the Secretary of the Treasury, subject to the approval of the Secretary of the Treasury, to carry out such executive administration, authority and power vested in the Secre- tary of the Treasury as hereinbefore recited: Now, therefore, upon the recommendation of the Secretary of the Treasury, and in order to vest all necessary authority in the Federal Reserve Board to act as the agency of the Secretary of the Treasury, in the performance of the duties hereby imposed upon it, I hereby prescribe the followiag orders, rules, and regulations in respect of such executive administration, authority and power, and I hereby amend the regulations heretofore prescribed by said Executive order dated September 7, 1917, as herein provided. DEFINITIONS. Person: The term person as used herein shall be deemed to mean an individual, partnership, association, company or other uniacor- porated body of individuals, or corporation or body pohtic. Dealer: The term dealer as used herein shall be deemed to mean any person engaged primarily or incidentally in the business (1) of buying, seUing, or deaUng in foreign exchange, or (2) of buying, selling, or dealing in securities for or through foreign correspondents, or (3) any person who carries accoimts or securities with or for for- eign correspondents. Dealers of Class A: Dealers who engage in the business of buying, selling, or dealing in foreign exchange, or of buying, seUiUg, or deal- ing in securities for or through foreign correspondents, and who may or may not carry accounts .or securities with OTfor foreign correspond- ents shah be known as dealers of Class A. Dealers of Class B: Dealers who carry accounts or securities with foreign correspondents or who buy, sell or deal in securities through such correspondents but who do not carry accounts or securities /or foreign correspondents and who do not engage in the business of buying, selhng, or dealing in foreign exchange or of buying, selling, or dealing in securities /or foreign correspondents shall be known as dealers of Class B. EXECUTIVE OKDEES. 193 Dealers of Class C: Dealers who carry accounts of securities for foreign correspondents or who buy, sell, or deal in securities for such correspondents but who do not carry accounts or securities with foreign correspondents and who do not engage in the business of buying, selling, or dealing in foreign exchange or of buying, seUing, or deaMng in securities through foreign correspondents shaJl be known as dealers of Glass 0. Foreign Exchange: The term Joreign exchange as used herein shall be deemed to mean checks, drafts, bills of exchange, cable transfers, or any form of negotiable or assignable instrument, or order used (a) to transfer credit or to order the payment of funds in any foreign coimtry, or (b) to transfer credit or to order the payment of funds within the United States for foreign account. Securities: The term securities as used herein shall be deemed to mean aU evidences of ownership of property not included in the foregoing definition of foreign exchange. Correspondent: The term correspondent as used herein shall bo deemed to mean any person who acts as the agent of, or for, or on behalf of, or as the depositary of, another person, or any person who is the principal for, or on behalf of, whom another person acts as agent. Customer: The term customer as used herein shall be deemed to mean any person other than a dealer who buys foreign exchange from a dealer or sells foreign exchange to a dealer. TRANSACTIONS IN FOREIGN EXCHANGE AND CERTAIN OTHER TRANS- ACTIONS PROHIBITED EXCEPT AS HEREIN AUTHORIZED. AH transactions in foreign exchange, export or earmarking of gold or silver coin or bulUon or currency, transfers of credit in any form (other than credits relating solely to transactions to be excuted wholly within the United States) and transfers of evidences of indebt- edness or of the ownership of property between the United States and any foreign couiltry, whether enemy, ally of enemy, or other- wise, or between residents of one or more foreign countries, by any person within the United States, except any such transactions or transfers conducted in conformity herewith, are hereby prohibited. TRANSACTIONS IN FOREIGN EXCHANGE OR IN SECURITIES FOR OR THROUGH FOREIGN ACCOUNT. Certain persons required to oitain registration certificates: No person other than a customer, shall, after February 10, 1918, engage in any transaction or make any transfer described in the next preceding subdivision hereof who shall not have obtained, on or before that date, a registration certificate, as hereinafter provided. 37639—18 13 194 CURRENT EMEEGENCy LEGISLATION. Every person who is a dealer upon the date hereof, as promptly as possible and in any event on or before January 31, 1918, shall file, with the Federal Reserve Board, through the Federal Reserve Bank of his district, an apphcation for a registration certificate. Such apphcation shall be in form approved by the Federal Reserve Board and shall show the character of business engaged in and whether or not an enemy or ally of enemy of the United States or any subject or citizen of an enemy or ally of enemy, wherever resident or domi- ciled, has any interest directly or indirectly in such business. Such apphcation shall embody an agreement on the part of the apphcant to comply with the regulations of the Federal Reserve Board, and to permit the inspection at any time of his books and accounts and to make reports as and when required on forms to be approved by the Federal Reserve Board. The Federal Reserve Board may issue to such apphcant the appro- priate registration certificate in form approved by it, entithng the holder to engage in the class or classes of foreign exchange or other transactions specified in such certificate, subject to aU apphcable provisions of law and to such Executive orders of the President and administrative regulations as shall have been issued or may from time to time be issued by the Federal Reserve Board. Any person who is not a dealer at the date hereof but who here- after desires to become a dealer must first obtain a registration certificate. Any person, other than a customer, who does not desire to become a dealer but who nevertheless desires to engage in one or several transactions or to make one or several transfers described in the next preceding subdivision hereof, may be pernutted by the Federal Reserve Board, in its discretion, to engage in any such transaction or to make any such transfer without first obtaining a registration cer- tificate, and the Federal Reserve Board may likewise waive any requirement hereof, other than any which relates to trading with an enemy or aUy of enemy, whether it is satisfied that such waiver is not incompatible with the best interests of the United States. Nothing herein shall be construed to abrogate or modify any existing requirement that licenses shall be obtained from the War Trade Board in respect of any transaction with, or for account of, an enemy or ally of enemy, or any person acting for, or on behalf of or for the benefit of, an enemy or ally of enemy. Revocation of registration certificates: Any or aU such registration certificates may be revoked at any time by direction of the Secretary of the Treasury or of the Federal Reserve Board. BooTcs and accounts: Each Federal Reserve Bank through which any such registration certificate shall be issued shall furnish, to the apphcant, copies of all forms of reports required and the books and EXECUTIVE OEDEKS. 195 records of such applicant shall thereafter be kept in a manner which will make it possible to furnish information called for in such reports without delay. General reports: After obtaining a registration certificate, each holder thereof shaU file with the Federal Reserve Bank through which such certificate shall be issued a report, on forms to be furnished by the Federal Reserve Board, showing all accounts or securities carried with or for foreign correspondents as of the close of business on January 30, 1918, or on such other date as the Federal Reserve Board may require, and such other information as may be called for on such forms and shall thereafter file with the Federal Reserve Board, through such Federal Reserve Bank, on dates specified by the Federal Reserve Board, reports showing all changes in such accounts and all purchases, sales, and other transactions in foreign exchange or securities for or through foreign correspondents. Customers' statements: A dealer shall require every customer pur- chasing foreign exchange from him or selling foreign exchange to him, to file a statement showing the purpose of such purchase or sale with such details as the Federal Reserve Board may require, includ- ing a declaration to the effect that no enemy or ally of enemy of the United States has any interest directly or indirectly in such purchase or sale. The Federal Reserve Board shall prescribe the form of such declaration. Copies of such statements shall be furnished by such dealer upon request to the Federal Reserve Board, through the several Federal Reserve Banks. Reports made through domestic correspondents: Dealers to whom registration certificates have been issued, and who buy, sell, or deal in foreign exchange through domestic correspondents, (for example banking or other institutions located in the United States) unless otherwise directed by the Federal Reserve Board, shall arrange with such correspondents to include such transactions in the reports of such correspondents. Such dealers wiU be required to report to the Federal Reserve Board only those foreign exchange transactions which are not in- cluded in the reports of such correspondents but may be called upon for any information in regard thereto desired by the Federal Reserve Board, and shall keep all books and records in a manner which will make it possible to furnish such information. Special reports: Whenever any holder of a registration certificate shall have reason to believe that any transaction within his knowledge involves or may involve directly or indirectly the payment of funds or delivery of securities to or the transfer of credit or securities for the benefit of an enemy or ally of enemy, or which may involve any other transaction with an enemy or ally of enemy, he shall immediately 196 CUREENT EMEBGENCY LEGISLATION. report the facts and circumstances to the Federal Keserve Board through a Federal Reserve Bank. Filing and verification of reports: AU reports, statements, and decla- rations herem required, unless otherwise specified, shall be filed with the Federal Reserve Board through the Federal Reserve Banks. Any or all such reports, statements, or declarations shall, in the discretion of the Federal Reserve Board, be verified by oath of the person making same. Examinations: The books and records of all dealers must at all times be open to inspection by examiners designated by the Federal Reserve Board. DECLARATION OF FOREIGN CORRESPONDENT TO BE OBTAINED BY HOLDERS OF REGISTRATION CERTIFICATES. After dates to be iixed by the Federal Reserve Board in respect of each foreign country, respectively, no holder of a registration certifi- cate shaD engage m transactions witJi, through, or for any foreign correspondent in such foreign country unless he shall have obtained from such correspondent a declaration to the following effect: Having arranged with to act as the [Holder of registration certificate] agent or correspondent in the United States for, or on behalf of, the undersigned, under regulations issued by the appropriate authorities of the United States Govern- ment and/or the undersigned having agreed to act as the foreign correspondent of the said I/we do hereby declare that I/we will not deal or attempt to deal, directly or indirectly, with said agent or correspondent in any transaction for or on account of, or for the benefit of, an enemy or ally of enemy of the United States, and will not make available for the use of an enemy or ally of enemy of the United States any funds or property received or credits established as a result of any transaction engaged in with or through said agent or correspondent, and will not transmit to said agent or correspondent for collection or credit any negotiable instrument bearing the signature or indorsement of an enemy or ally of enemy of the United States. The words "enemy" and "ally of enemy" are used herein as now or hereafter defined by laws of the United States or by Proclamation of the President of the United States. Note. — If foreign correspondent is incorporated this certificate must be executed by a duly authorized officer of such corporation. SUSPENSION OF RELATIONS WITH FOREIGN CORRESPONDENTS. If any foreign correspondent of a dealer in the United States or any person proposing to become the foreign correspondent of a dealer in the United States, shall refuse or fail to make the foregoing declara- tion as herein required, or if the Federal Reserve Board shall have reason to believe that any such foreign correspondent or any such person is dealing or trading with an enemy or ally of enemy of the United States, contrary to the provisions of the declaration of non- interest of enemies, herein required, or if in the judgment of the EXECUTIVE ORDERS. 197 Federal Reserve Board the best interest of the United States requires such action, it may prohibit any dealer or dealers in the United States from engaging in any transaction witJi, through, for, or on behalf of such correspondent or such person. SUSPENSION OF TRANSACTIONS. Whenever the Federal Reserve Board shall have reason to believe that any transaction in foreign exchange or any transfer of securities carried with or for a foreign correspondent involves or may involve trading with an enemy, or ally of enemy, or in its judgment is incompatible with the best interest of the United States, it may cause notice to be served on the parties in interest to postpone the consummation of such transaction for a period of ninety days pending investigation of the facts, and upon investigation if the Federal Reserve Board is of the opinion that the, best interests of the United States require such action it may prohibit the consummation of such transaction. The Secretary of the Treasury may Ukewise prohibit the con- summation of any such transaction by notice served on the parties in interest (either directly or through the Federal Reserve Board) in any case in which in his judgment the best interests of the United States require such action. SPECIAL PROVISIONS AS TO COLLECTION OF DIVIDENDS, INTEREST OR MATURING OBLIGATIONS FOR FOREIGN ACCOUNT. Every person presenting for collection maturing obUgations, or coupons, checks or drafts issued for dividends or interest, for account of any foreign Government or person resident in any foreign country, shall make a declaration in form approved by the Federal Reserve Board, to the effect that such collections are not made for, or on behalf of, or for the benefit of, any enemy or ally of enemy; that the proceeds of such collections will not be made available for any enemy or ally of enemy; and that the maturing obligations, or the obligations and stocks upon which dividends or interest are to be paid, are not the property of any enemy or aUy of enemy; have not been owned by, or held for the account of, any enemy or ally of enemy, since January 26, 1918, and were not purchased by the present owner from any enemy or ally of enemy or from any person acting for or on behalf of or for the benefit of an enemy or ally of enemy since February 3, 1917. Provided, however, that any holder of a Class A or Class C regis- tration certificate may collect maturing obligations and coupons, checks, or drafts issued for dividends or interest for account of a person resident in a foreign coimtry, without making such declaration, if 198 CXJEEENT EMERGENCY LEGISLATION. such holder has filed with the Federal Reserve Board a similar declaration executed by the person for whom collection is made. Interest or dividend checks payable for foreign account: Every person issuing checks or drafts for interest or dividends after January 26, 1918, payable to any foreign Government or to any person resident in a foreign country shall attach to or shall print on the back of such check or draft the following statement: This check or draft will not be paid unless the following declaration is executed by the person to whom it is sent for collection by the payee, or hia agent, or by the person who acta as the agent in the United States for the payee. From actual personal knowledge, or in reliance upon declarations or affidavits furnished the undersigned by the parties in interest, I/we do hereby expressly declare that no enemy or ally of enemy of the United States is directly or indirectly interested in the proceeds of this check or draft and that such proceeds will not be made available for the use of an enemy or ally of enemy of the United States; that the stock upon which this dividend is paid (or the obligation upon which this interest is paid) is not and has not been owned by or held for account of an enemy or ally of enemy of the United States since January 26, 1918, and has not been purchased by the present owner from an enemy or ally of enemy or from a person acting for or on behalf of or for the benefit of an enemy or ally of enemy since February 3, 1917. DEALINGS IN SECUKITIES FOR OR THROUGH FOREIGN ACCOUNT. No person shall purchase, sell, or deliver any securities for account of any foreign Government, or for account of any person resident in a foreign country, imless such Government or such person, as the case may be, shall have made a declaiation, in form approved by the Federal Reserve Board, similar in effect to that required in the case of the collection of maturing obligations, for account of a for- eign Government or persons resident in a foreign country. PROCEDURE WHERE DECLARATION OF NONINTEREST OF ENEMY OR ALLY OF ENEMY CAN NOT BE MADE. Any person who is unable to make a declaration of noninterest of enemy or ally of enemy required hereunder may apply to the Federal Reserve Board for a waiver of such declaration, submitting to such board all facts and circumstances relating to the transaction involved which are in the possession of the applicant. If upon investigation the Federal Reserve Board shall determine that there is no reason to believe that any enemy or ally of enemy is directly or indirectly interested in the transaction involved, and that its consummation will not be incompatible with the best interests of the United States, it may permit the transaction to be consummated without the decla- ration herein required. If the Federal Reserve Board shall have rea- son to believe that an enemy or ally of enemy is or may be directly or indirectly interested in the transaction, it shall transmit to the War Trade Board all records in the case for such action as that board may determine to be necessary. EXECUTIVE OEDEES. 199 EXPORT AND EAKMAEKINQ OP COIN, BULLION, OE CURRENCY. The following regulations prescribed by Executive order, dated September 7, 1917, shall continue in force as herein amended. Any person desiring to export from the United States or any of its territorial possessions to any foreign country named in the proclama- tion dated September 7, 1917, any coin, bullion, or currency, shall first file an application in triplicate with the Federal Reserve Bank of the district in which such person is located for a special or general license. Applications filed must contain statements under oath and showing in detail the nature of the transaction, the amount involved, the parties directly and indirectly interested, and such other infor- mation as may be of assistance to the proper authorities in determin- ing whether the exportation for which a license is desired will be compatible with the public interest. All such applications should be made on the standard form prescribed by the Federal Reserve Board. Each Federal Reserve Bank shall keep a record copy of each appli- cation filed with it under the provisions of this regulation and shall forward the original apphcation and a duplicate to the Federal Reserve Board at Washington, together with such information or suggestions as it may believe proper in the circumstances, and shall in addition make a formal recommendation as to whether or not, in its opinion, the exportation should be permitted. The Federal Reserve Board, subject to the approval of the Secre- tary of the Treasury, is hereby authorized and empowered, upon receipt of such application and the recommendation of the Federal Reserve Bank, to make such ruling as it may deem proper in the cir- cumstances: and if, in its opinion, the exportation in question be compatible with the public interest, to permit said exportation to be made; otherwise to refuse it. No gold or silver coin, or bulUon, or currency shall be set aside and earmarked for safekeeping for any person without the written approval of the Federal Reserve Board. LICENSES FROM WAR TRADE BOARD IN TEANSACTIONS INVOLVING TRADING WITH AN ENEMY OR ALLY OF ENEMY. Applications to the Federal Reserve Board for permission to export or earmark gold or silver coin or bullion or currency shall be accompanied by a certified copy of a license issued by the War Trade Board, whenever any such transactions involve or may involve trading directly or indirectly with an enemy or ally of enemy oi with any person acting for, or on behalf of, or for the benefit of, an enemy or ally of enemy. 200 CURRENT EMERGENCY LEGISLATION. APPLICATIONS FOR REGISTRATION CERTIFICATES AND EXPORT LICENSES, PROVIDED FOR HEREUNDER, BY PERSONS RESIDING IN ANY DEPEND- ENCY OF THE UNITED STATES. Applications to the Federal Reserve Board either for registration certificates or for licenses to export coin, bullion or currency may be made by persons residing in any dependency of the United States (including the Philippine Islands, Alaska, Guam, Hawaii, Porto Rico, Virgin Islands, and Canal Zone) through such agency located in any such dependency as may be hereafter designated by the Federal Reserve Board, instead of through a Federal Reserve Bank; but until an agency has been so designated in any such dependency, persons residing therein may make such apphcations through any Federal Reserve Bank. The Federal Reserve Board may from time to time postpone, in respect of any one or more of such dependencies, the date on and after which persons residing therein shall be prohibited from engaging in any of the transactions or making any transfer hereinbefore prohibited without having obtained registration certifi- cates, in case such registration certificates can not be obtained on or before the date hereinbefore specified. WooDRow Wilson. The White House, January 26,1918. [No. 2796.] PAET IV.— ACTS AND RESOLVES OF THE CONTIITEITTAI CONGRESS. JOUBNALS OF THE CONTINENTAL CONGBESS. fLibrary of Congress Edition.] RECOMMENDATIONS CONCEBNING FTTBNISHING AND MAKING ARMY SUPPLIES. Upon motion the Congress came to the following resolutions: Resolved, That it be, and is hereby earnestly recommended to the several Colonies of New Hampshire, Rhode Island, Connecticut and the interior towns of Massachusetts bay, that they immediately furnish the American army before Boston with as much powder out of their town, and other publick stocks as they can possibly spare; keeping an exact account of the quantities supplied ; that it may be again replaced, or paid for by the continent; this to be effected with the utmost secrecy and dispatch. That it be recommended to the committees of the several towns and districts in the colonies of the Massachusetts bay, New Hamp- shire, Uhode Island, and Providence Plantations, Connecticut, New York, and the eastern division of New Jersey, to coUect all the salt petre and brimstone in their several towns and districts, and transmit the same, with aU possible despatch, to the provincial Convention at New York. That it be recoiiimended to the provincial Congress [convention] of the colony of New York, to have the powder Mills, in that colony, put into such a condition as immediately to manufacture, into gun powder, for the use of the Continent, whatever materials may be procured in the manner above directed That it be recommended to the committees of the western division of New Jersey, the colonies of Pennsylvania, lower counties on Delaware and Maryland, that they, without delay, collect the salt petre and sulphur in their respective Colonies, and transmit the same to the committee for the city and liberties of Philadelphia; to the end, that those articles may be immediately manufactured into gun powder, for the use of the continent. That it be recommended to the conventions and committees of the colonies of Virginia, North Carolina and South Carolina, that they, without delay, collect the salt petre and sulphur in their respective colonies, and procure these articles to be manufactured, as soon as possible, into gun powder, for the use of the Continent. That it be recommended to the several inhabitants of the united colonies, who are possessed of salt petre and sulphur, for their own use, to dispose of them for the purpose of manufacturing gun powder. 201 202 REVOLUTIONARY LEGISLATION. That the salt petre and sulphur, collected in consequence of the resolves of Congress for that purpose, be paid for out of the con- tinental fund. [II Journals of the Continental Congress (Library of Congress), June 10, 1775, p. 85.] BESOLTTTION FOB ENCOTIE.AGING CEBTAIN HIPOBTS. Whereas, the Government of Great Britain hath prohibited the exportation of arms and ammunition to any of the plantations, and endeavoured to prevent other nations from supplying us: Resolved, That for the better furnishing these colonies with the necessary means of defending their rights, every vessel importing Gun powder. Salt petre, Sulphur, provided they bring with the sulphur four times as much salt petre, brass field -pieces, or good muskets fitted with Bayonets, within nine Months from the date of this resolution, shall be permitted to load and export the produce of these colonies, to the value of such powder and stores afores'*, the non-exportation agreement notwithstanding; and it is recom- mended to the committees of the several provinces to inspect the military stores so imported, and to estimate a generous price for the same, according to their goodness, and permit the importer of such powder and other military stores aforesaid, to export the value thereof and no more, in produce of any kind. Ordered, That a copy of the above be delivered to the delegates of the Colony of Pennsylvania, who are desired to request the com- mittee of this city to foi-ward the same in hand biUs to the West Indies and such places as they think proper, taking care that it be not published in the news papers. [II Journals of the Continental Con- gress (Library of Congress), July 15, 1775, p. 184.] RESOLUTION CONCEBNING PUBLICATION BABLIEB BE SOLUTION AND BECOMMENDATION TO SEIZE CEBTAIN KING'S STOBES. Gn motion made, Resolved, That the resolution of Congress July 15 (for encouraging the importation of arms and ammunition, and the resolution of the 18th inst. for collecting an account of the hostilities committed by the ministerial troops and navy,) be (immediately) published, with this amendment, to expimge the word "provisions" and instead therefor to insert "the produce of these colonies," and dispersed through the different nations of Europe and through W. I. Islands. It being represented to the Congress that a large quantity of blankets and shirts remains in the King's Stores ia New York, RESOLVES CONTINENTAL CONGBESS. 203 Resolved, That it be recommended to the Convention of New York immediately to take possession of the said blankets and shirts, and forward so many of them as may be necessary to Gen'l Schuyler for the use of the army under his command. [Ill Journals of the Con- tinental Congress (Library of Congress), October 26, 1775, pp. 306, 307.] RESOLUTION REGARDING ARMY STJPPIilES AND IMPRESSMENTS. Resolved, That in order to supply the army with provisions, the Commissary gen[era]l be directed to cause cattle and hogs to be driven at proper seasons to the camp, there to be [slaughtered and] cured; and as to the articles of bread and flour, that he proceed in the way [that] he has done for some time past. Resolved, That such officers as have served in the present army to approbation, and are willing to stay, be preferred; and if there are more of these than are necessary for the new army, that the General distinguish such as he deems best qualified. Resolved, That it be recommended to the several legislatures of New England to empower the General to impress carriages, vessels, horses, and other things necessary at a reasonable rate, for the transportation or march of the army, or any part of it, or on any other emergency, and that this power may be deputed in writing imder the hand of the General to the quarter master general, or to any inferior officer, who are to be accoimtable for any abuse thereof. [Ill Journals of the Continental Congress (Library of Congress), Novem- ber 4, 1775, p. 323.] SEIZURE AND DESTRUCTION OF ENEMY VESSELS. Resolved, That if the Convention, or, in their recess, the council of safety of South Carolina, shall think it expedient for the security of that colony, to seize or destroy, and shall seize or destroy, any ship or vessel of war, this Congress will approve of such proceeding. (Ill Journals of the Continental Congress (Library of Congress), Novem- ber 4, 1775, p. 326]. SEIZURE OF ARMS AND AMMUNITION. The Committee appointed to enquire into the grounds of the information, respecting a quantity of arms and ammunition being to be procured, report, that they have examined into the same, and have received intelligence that a quantity of arms and ammunition, and other articles are concealed in Tryon county, in which also there are several tories armed and inlisted in the enemy's service: Where- upon, 204 BEVOLTJTIONAEY LEGISLATION. Resolved, That the said committee be directed to communicate the said inteUigence to General Schuyler, and in the name of the Congress, desire him to take the most speedy and effectual measures for securing the said arms and military stores, and disarming the said tories, and apprehending their chiefs. [Ill Journals of the Continental Congress (Library of Congress), December 30, 1775, p. 466.] DISARMING OF CEBTAIN PERSONS. Resolved, That Colonel Nathaniel Heard, of Woodbridge, in the colony of New Jersey, taking with him five or six hundred minute men, under discreet officers, do march to the western part of Queen's County, and that Colonel Waterbury, of Stanford, in the colony of Connecticut, with the like number of minute men, march to the east- ern side of said county; that they confer together, and endeavour to enter the said county on the same day; that they proceed to disarm every person in the said county, who voted against sending deputies to the said convention, and cause them to defiver up their arms and ammunition on oath, and that they take and confine in safe custody, till further orders, all such as shall refuse compHance. [IV Journals of the Continental Congress (Library of Congress), January 3, 1776, p. 27.] DISARMING OF CERTAIN COLONISTS. Resolved, That it be recommended to the several assemblies, con- ventions, and councils or committees of safety of the United Colonies, immediately to caiise all persons to be disarmed within their re- spective colonies, who are notoriously disaffected to the cause of America, or who have not associated, and shall refuse to associate, to defend, by arms, these United Colonies, against the hostile attempts of the British fleets and armies; and to apply the arms taken from such persons in each respective colony; in the first place to the arming the continental troops raised in said colony ; in the next, to the arming such troops as are raised by the colony for its own defence, and the residue to be applied to the arming the associators; that the arms when taken be appraised by indifferent persons, and such as are applied to the arming the continental troops, be paid for by Congress, and the residue by the respective assemblies, conventions, or councils, or committees of safety. [TV Journals of the Continental Congress (Library of Congress), March 14, 1776, p. 205.] RESOLVES CONTINENTAL CONGRESS. 205 DISPOSITION OF SEIZED ARMS. Whereas in the execution of the resolve of Congress of the 14th of Masch, respecting the disarming disaffected persons, many fire arms may be taken, which may not be fit for use to arm any of the troops mentioned therein: Therefore, Resolved, That all the fire arms so taken, being appraised according to said resolve, none of them shall be paid for, but those that are fit for the use of such troops, or that may conveniently be so made, and the remainder shall be safely kept by the said assembhes, conven- tions, councils or committees of safety, for the owners, to be delivered to them when the Congress shall direct. [IV Journals of the Conti- nental Congress (Library of Congress), March 20, 1776, p. 220.] TRADE REGULATIONS CONCERNING EXPORTS AND IMPORTS. Resolved, That any goods, wares, and merchandise, except staves and empty casks, other than shaken or knocked down casks for molasses, may be exported from the thirteen United Colonies, by the inhabitants thereof, and by the people of all such countries as are not subject to the King of Great Britain, to any parts of the world which are not under the dominion of the said King; provided, that no vessel be permitted to export any greater number of shaken or knocked down molasses casks, than the same vessel is capable of carrying when they shall be filled with molasses. Resolved, That any goods, wares, and merchandise, except such as are of the growth, production, or manufacture of, or brought from any country under the dominion of the King of Great Britain, and except East India Tea, may be imported from any other parts of the world to the thirteen United Colonies, by the inhabitants thereof, and by the people of all such countries as are not subject to the said King; liable, however, to all such duties and impositions as now are, or may hereafter be laid by any of the said colonies. Resolved, That nothing herein contained shall be understood to prevent such future conunercial regulations as shall be thought just and necessary by these United Colonies, or their respective legis- latures. Resolved, That no slaves be imported into any of the thirteen United Colonies. Resolved, That it be recommended to the assemblies and conven- tions in the several colonies, to appoint proper officers, at convenient places in their respective colonies, to take bonds, in adequate penal- ties, for observing the regulations made by the Congress, or assem- blies, or conventions, concerning trade, and for securing the observa- tion of such parts of the association as are not inconsistent therewith ; 206 BETOLUTIONABY LEGISLATION. and that the obUgor shall, within eighteen months after the departure of the vessel, produce to such officers a certificate, under the hands and seals of three or more reputable merchants, residing at the port or place where the cargo shall be dehvered, that the same was there unladed; and take manifests upon oath, of the cargoes exported and imported, and keep fair accounts and entries thereof, give bills of health when desired, grant registers shewing the property of the ves- sels cleared out, and sign certificates that the requisites for qualifying vessels to trade have been comphed with: And that the fees of the said officers be stated by the respective assembhes or conventions; Provided always, that no prosecution upon any of the said bonds shall be commenced but within three years after the date thereof. Resolved, That all goods, wares, and merchandise, except such as are made prize of, which shall be imported directly or indirectly from Great Britain or Ireland, into any of these United Colonies, contrary to the regulations established by Congress, shall be for- feited and disposed of, agreeable to such rules as shall be made by the several assembhes or conventions, and shall be hable to prosecu- tion and condemnation in any court erected, or to be erected, for the determination of maritime affairs, in the colony where the seizure shall be made. Ordered, That the above resolutions be pubhshed. [IV Joiunals of the Continental Congress, April 6, 1776, p. 257.] IMFBESSMENT OF HOBSES AND CABBIAGES. The committee appointed to devise a plan for providing carriages, brought in a report, which was taken into consideration ; Whereupon, Resolved, That the quarter masters in every department be ordered to avoid pressing horses and carriages, as much as possible; and when it is necessary, that they be directed to go to the country houses for that purpose, and discharge, as soon as the service will possibly admit, such horses and carriages so impressed; and that no violence whatever be done to any persons, their horses or carriages, who go to the camp of their own accord, to sell provisions, or other necessaries of any kind. [VI Journals of the Continental Congress (Library of Congress), October 10, 1776, p. 862.] BE SOLUTION BEGABDING ENGBOSSING. Congress being informed that some persons in this city [of Phila- delphia], governed by principles inimical to the cause of America, and with views of avarice and extortion, have monopolized and engrossed shoes, stockings, and other necessaries for the army, RESOLVES CONTINENTAL CONGRESS. 207 whilst the soldiers of the Continent, fighting for the liberties of their country, are exposed to the injuries of the weather, at this inclement season: Resolved, That it be recommended to the assembly of the state of Pensylvania, to adopt such immediate measures for remedying this evil, as their wisdom shall suggest to be adequate to the present pur- pose, and for preventing like pernicious practices in futm-e. [VI Jomnals of the Continental Congress (Library of Congress), Novem- ber 26, 1776, p. 980.] REQUEST FOB, SUPPLIES. That the council of safety of Pensylvania be requested, with all possible expedition, to cause application to be made to the house keepers and others in the said state, for as many blankets and woollen stockings as each can spare, for the use of the soldiers under the inmiediate command of General Washington, in New Jersies; and that they be dehvered, as fast as collected, to Mr. J. Mease, the continental commissary: That it be recommended to the said council of safety, to appoint persons to appraise the blankets and woollen stockings, so collected, as aforesaid, that the value of them may be paid: [VI Journals of the Continental Congress (Library of Congress), November 26, 1776, p. 983.] RECOMMENDATION FOR IMPRESSMENT OF CERTAIN SUPPLIES. That it be earnestly recommended to the council of safety of Pensylvania, to order the batallions of this city immediately to march and join General Washington: That the said council of safety be requested to furnish the waggon master general with one thousand waggons for the use of the army; and, as in the present emergency of public affairs, such supply of waggons is absolutely necessary, that it be recommended to the said council of safety to impress the waggons, if they cannot be otherwise speedily procured. Adjourned to 6 o'clock. [VI Journals of the Continental Congress (Library of Congress), December 2, 1776, p. 1001.] RESOLUTION BESTOWING DICTATORIAL POWERS UPON WASH- INGTON. This Congress, having maturely considered the present crisis; and having perfect reliance on the wisdom, vigour, and uprightness of General Washington, do, hereby, 208 REVOLUTIONARY LEGISLATION. Resolve, That General Washington shall be, and he is hereby, vested with full, ample, and complete powers to raise and collect together, in the most speedy and effectual manner, from any or all of these United States, 16 batallions of infantry, in addition to those already voted by Congress ; to appoint officers for the said bataUions; to raise, officer, and equip three thousand light horse ; three regiments of artillery, and a corps of engineers, and to establish their pay; to apply to any of the states for such aid of the mihtia as he shall judge necessary; to form such magazines of provisions, and in such places, as he shall think proper ; to displace and appoint all officers under the rank of brigadier general, and to fill up all vacancies in every other department in the American armies; to take, wherever he may be, whatever he may want for the use of the army, if the inhabitants will not sell it, allowing a reasonable price for the same; to arrest and confine persons who refuse to take the continental currency, or are otherwise disaffected to the American cause ; and return to the states of which they are citizens, their names, and the nature of their offences, together with the witnesses to prove them: That the foregoing powers be vested in General Washington, for and during the term of six months from the date hereof, unless sooner determined by Congress. [VI Journals of the Continental Congress (Library of Congress), December 27, 1776, p. 1045.] DIBECTING REMOVAL OF SUPPLIES IN DANGER OF SEIZURE BY ENEMY. Resolved, That General Washington be directed to take effectual measures for removing all provisions, cattle, carriages, and forage, which he may think in danger of falling into the hands of the enemy, particularly ia the parts of the covmtry through which their route may lie, should they attempt to march; and that he give directions to all officers employed on this duty, to be careful not to deprive the inhabitants of what may be necessary for their immediate subsistence; and to cause all provisions, cattle, carriages, and forage, removed, to be appraised to a just valuation, that the owners may be paid for the same. [VII Journals of the Continental Congress (Library of Congress), April 19, 1777, p. 283.] RESOLUTION FORBIDDING IMFRESSMEITT. Resolved, That no persons, horses, or carriages going to the army with provisions, and returning from thence, be pressed upon any pretence whatever. [VIII Journals of the Continental Congress (Library of Congress), May 29, 1777, p. 396.] RESOLVES CONTINENTAL CONGKESS. 209 RECOMMENDATION TO TAKE POSSESSION OF NAMED SUPPLIES. Resolved, That it be recommended to the supreme executive coimcil of the State of Pennsylvania, immediately to appoint proper and dis- creet persons to take into possession any linens, blankets and other woollens, shoes, spirits, and other necessaries for the use of the army, which they may find in any stores or ware-houses in the city of Philadelphia; giving a certificate expressing the quantity and value, and to cause the goods so taken to be conveyed to some secure place to prevent their falling into the hands of the enemy. [VIII Journals of the Continental Congress (Library of Congress), September 14, 1777, p. 741.] RESOLUTION CONPEBBING FURTHER POWERS UPON WASH- INGTON. Whereas, the city of Philadelphia notwithstanding the brave exer- tions of the American army, may possibly, by the fortune of war, be, for a time, possessed by the enemy's army, which avaihng itself of the provisions and other necessary supplies now in it, may be enabled to prosecute with vigour the war in which they are now en- gaged; and whereas it is absolutely essential to the liberties of the United States, that the most effectual and speedy means should be adopted for securing, for the use of the American army, every article which may be necessary for their equipment and subsistence; and whereas, from the near approach of the enemy's army, and by the wicked arts of extortioners, engrossers and others, enemies to the hberties of America, it may be impracticable to coUect in time, and by way of regular purchase, a competent supply; and whereas it may be essential to the public welfare, that Congress should adjourn to some place more remote than this city from the scene of action, in order that its deliberations may be conducted without interruption; therefore, Resolved, That General Washington be authorized and directed to suspend all officers who shall misbehave, and to fill up aU vacancies in the American army, imder the rank of brigadiers, until the pleasure of Congress shall be communicated; to take, wherever he may be, all such provisions and other articles as may be necessary for the comfortable subsistence of the army under his command, paying or giving certificates for the same: to remove and secure, for the benefit of the owners, aU goods and effects which may be serviceable to the enemy; provided, that the powers hereby vested shall be exercised only in such parts of these states as may be within the circumference of 70 miles of the head quarters of the American army, and shall continue in force for the space of 60 days, unless sooner revoked by Congress. 37639—18 14 210 REVOLUTIONARY LEGISLATION. Resolved, That the public faith be pledged for the payment of the provisions or other articles to be taken, and for which certificates shall have been given, at such prices as are expressed in the certifi- cates ; or, if the prices are not expressed, to be paid for as the same shall be valued by commissioners for that purpose to be hereafter appointed by Congress. [VIII Journals of the Continental Congress (Library of Congress), September 17, 1777, p. 751.] RESOLUTION AUTHORIZING IMPRESSMENT. Resolved, That the commissaries general of purchases and issues, and their deputies and assistants, have power and authority to impress and seize waggons, shallops, and proper store-houses, on extraordinary occasions, for the use of their departments; this authority to extend to the distance of 70 miles from head-quarters, and to be in force until the first day of January next, and no longer; and that they respectively be directed not to contravene a former resolution of Congress, relative to waggons going with necessaries to the army; and, as far as circumstances will admit, that they exercise their authority on persons who have not taken the oaths or affirmations of allegiance to the respective states, in comphance with the laws of such states. [IX Journals of the Continental Congress (Library of Congress), October 6, 1777, p. 774.] RESOLUTION REGARDING IMPRESSMENT. That he or his deputies, at any principal department or post, be authorized to hire or impress one or more waggons or carriages for the use of his department, as occasion may require, which shall not be subject to be impressed for any other service by any ofiicer of the army, unless by special direction of the commander in chief for the time being; and, if any officer shall (except as before excepted) on any pretence whatsoever, impress, without his consent, any waggon, cart, or carriage, in the service of the said commissary of hides, he shall immediately, on application to the commanding officer nearest the place where the transaction happens, be put under arrest, be liable to pay all loss the states sustained by such impress- ment, and suffer such other punishment as shall be deemed proper by a court martial. [IX Journals of the Continental Congress (Library of Congress), October 11, 1777, p. 794.] RESOLUTION CONTINUING CERTAIN POWERS THERETOFORE VESTED IN WASHINGTON. Resolved, That General Washington be informed that Congress have long since written to the commissioners in France for cloaths complete for eighty thousand men, and have received for answer that RESOLVES CONTINENTAL GONGKESS. 211 they might be expected here by the setting in of winter; in conse- quence of which, Congress have reason to hope for this necessary arriva,! in a short time: that Congress have also adopted various other means for importing cloathing, which they have reason to expect will be successful; and, on the 16th day of October, ordered a copy of the General's return of articles wanted for the army to be trans- mitted to the respective assemblies of the eastern and middle states, with a pressing recommendation to them to use their utmost endeav- ours to collect the same without delay, and send them to the army. But, since the wants of the army are immediate, Congress wish the General may avail himself of the powers vested in him for obtaining these necessary supplies from the disaffected inhabitants. Congress being of opinion that the well disposed people of these states will rather be pleased than dissatisfied with a procedure, by which their enemies shall be compelled to supply those things that are essential to the support and comfort of the army; and the more especially as even the disaffected will be paid a reasonable price for what is demanded of them; Resolved, That the powers with which General Washington was invested by a resolution of Congress of the 17 September, and another of the 8th of October last, be continued till the first day of March next, unless sooner revoked. [IX Journals of the Continental Congress (Library of Congress), November 14, 1777, p. 905.] BECOMMENDATION THAT STATES ENACT PRICE FIXING LEGIS- LATION AND LAWS BEGTTLATING ENGROSSERS AND FORB- STALLERS. 5. Resolved, That it be recommended to the legislatures, or, in their recess, to the executive power of the respective states of New Hampshire, Massachusetts bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, and Delaware, respectively, to appoint commissioners to convene at New Haven, in Connecticut, on the 15 day of January next; and to the states of Virginia, Maryland, and North Carolina; respectively, to appoint commissioners to convene at Fredericksburg, in Virginia, on the said 15 day of January; and to the states of South Carolina and Georgia, respectively, to appoint commissioners to convene at Charleston, on the 15 day of February next; in order to regulate and ascertain the price of labour, manufactures, internal produce, and commodities imported from foreign parts, militaiy stores excepted; and also to regulate the charges of inn-holders ; and that, on the report of the commissioners, each of the respective legislatures enact suit- able laws, as well for enforcing the observance of such of the regula- tions as they shall ratify, and enabUng such inn-holders to obtain the necessary supplies, as to authorize the purchasing commissaries 212 REVOLTJTIONAKY LEGISLATION. for the army, or any other person whom the legislature may think proper, to take from any engrossers, forestaUers, or other person possessed of a larger quantity of any such commodities or provisions than shall be competent for the private annual consumption of their families, and who shall refuse to sell the surplus at the prices to be ascertained as aforesaid, paying only such price for the same. 6. And in order to introduce immediate economy in the pubHc ex- pence, the spirit of sharping and extortion, and the rapid and excessive rise of every commodity being confined within no bounds; and con- sidering how much time must unavoidably elapse before the plan directed by the preceding resolution can be carried into effect. Resolved, That it be earnestly recommended to the respective legislatures of the United States, without delay, by their separate authority, to adopt and effectually enforce a temporary regulation of the pricQS of provisions and other commodities for the supply of the army, in such manner as they shall judge reasonable; and to continue in force until the general regulation before proposed shall be adopted. [IX Journals of the Continental Congress (Library of Congress), November 22, 1777, p. 956.] niPBESSMENT OP INDUSTRIAL ENTERPRISES AND TTSE OF ARMY TO OPERATE SAME. To proceed to head quarters, and hire 12 or more mills within six miles of, and covered by the army, to purchase or impress wheat in the sheaf; if the farmers cannot be prevailed on to thrash for the tioops, to soUcit the Geperal to spare 150 men from the army for that purpose, and set the mills to work. [IX Journals of the Con- tinental Congress (Library of Congress), November 24, 1777, p. 961.] RECOMMENDATION REGARDING FORFEITURE OF CERTAIN ESTATES. 8. Resolved, That it be earnestly recommended to the several states, as soon as may be, to confiscate and make sale of all the real and personal estate therein, of such of their inhabitants and other persons who have forfeited the same, and the right to the protection of their respective states, and to invest the money arising from the sales in continental loan office certificates, to be appropriated in such manner as the respective states shall hereafter direct. [IX Journals of the Continental Congress (Library of Congress), November 27, 1777, p. 971.] RESOLVES CONTINENTAL CONGRESS. 213 RESOLUTION TJBGING WASHINGTON TO SUBSIST ABMY ON COUNTRY IMMEDIATELY AROUND IT, IP NECESSARY, BY IMPRESSMENT. Resolved, That General Washington be informed, that Congress have observed, with deep concern, that the principal supplies for the army under his command have, since the loss of Philadelphia, been drawn from distant quarters, whereby great expence has accrued to the public, the army has been irregularly and [often] scantily supplied, and the established magazines greatly reduced, while large quantities of stock, provision and forage, are still remain- ing in the counties of Philadelphia, Bucks and Chester, which by the fortune of war, may be soon subjected to the power of the enemy; That Congress, firmly persuaded of General Washington's zeal and attachment to the interest of these states, can only impute his forbearance in exercising the powers vested in him by Congress, by their resolutions of the 17 September and 14 November, to a delicacy in exerting military authority on the citizens of these states; a delicacy, which though highly laudable in general, may, on critical exigencies, prove destructive to the army and prejudicial to the general liberties of America: That from these considerations, it is the desire and expectation of Congress, that General Washington should, for the future, endeavour as much as possible to subsist his army from such parts of the country as are ia its vicinity, and especially from such quarters as he shall deem most likely to be subjected to the power or depredations of the enemy: and that he issue orders for such purpose to the commis- saries and quarter masters belonging to the army: That General Washington be directed to order every kind of stock and provisions in the country above-mentioned, which may be beneficial to the army or serviceable to the enemy, to be taken from all persons without distinction, leaving such quantities only as he shall judge necessary for the maintenance of their families; the stock and provisions so taken to be removed to places of security under the care of proper persons to be appointed for that purpose; and that he issue a proclamation, requiring all persons within seventy miles of headquarters, forthwith to thresh out their grain within such limited periods of time, as he shall deem reasonable, on penalty, in case of failure, of having the same seized by the commissaries and quarter masters of the army and paid for as straw: That General Washington be directed to cause all provisions, stock, forage, waggons and teams, which may be, at any time, in the route of the enemy, and which cannot be seasonably removed, to be destroyed. Whereas, it is essentially necessary, that magazines should be seasonably provided in the interior part of the country, and many 214 BEVOLTJTIONABY LEGISLATION. inhabitants, through motives of avarice or disaffection, refuse to thresh out their grain. Resolved, That it be earnestly recommended to the legislature of the commonwealth of Pennsylvania, forthwith to enact a law, requiring all persons within their State, at the distance of seventy miles and upwards, from General Washington's head quarters, and below the Blue Mountains, to thresh out their wheat and other grain, within as short a period of time as the said legislature shall deem sufficient for that purpose; and, in case of failure, to subject the same to seizure by the commissaries and quarter masters of the American army, to be paid for at the price of straw only, excepting from such penalty, such families only, who, from the absence of the master, sons or servants, in the service of their country, can give good proof that their compliance with the said law was not practica- ble. [IX Journals of the Continental Congress (Library of Congress), December 10, 1777, p. 1013.] RESOLUTION BEGABDING CATTLE IN DANGER OP SEIZURE BY ENEMY. Congress having received information that large quantities of cattle have been driven down upon the marshes of the county of Kent, in the State of Delaware, and into other parts of the said coimty, which are exposed to the depredations of the enemy; and the present situation of the State of Delaware, with respect to its internal and open enemies, rendering it impracticable that any measures, which may be devised by the government of the said State, for securing the said stock, can be executed with secrecy and despatch: Resolved, That the Board of War be authorized and directed to give such orders for securing the said stock as they shall deem most effectual: That the owners of the stock so removed be paid for the same at reasonable rates. [IX Journals of the Continental Congress (Library of Congress), December 15, 1777, p. 1028.] RECOMMENDATION TO STATE LEGISLATURES TO ENACT IMPBESSMENT, AND OTHEB LEGISLATION. Resolved, 1. That it be most earnestly recommended to the respec- tive legislatures of the United States, forthwith to enact laws, appoint- ing suitable persons to seize and take, for the use of the continental army of the said states, all woollen cloths, blankets, linens, shoes, stockings, hats, and other necessary articles of cloathing, suitable for the army, which may be in the possession of any persons inhabitants of, or residents within, their respective states, for the purpose of sale and not for their own private use or family consumption, giving them RESOLVES CONTINENTAL CONGRESS. 215 certificates or receipts for tlie same, expressing the quantity and quality of the goods; provided, that such laws do not extend to any goods, wares, or merchandise which are, or shall be, bona fide, im- ported into the respective states on account of any persons not citi- zens of any of these United States, so long as the same shall continue their property, and no longer: and that they inflict such penalties as may be deemed proper on such persons possessed of any of the above enumerated goods, wares, and merchandise, or other articles of cloathing suitable for the army, who, to evade the good intention of the said laws, shall falsely affirm or declare the same to be the prop- erty of persons not citizens of any of the said United States. 2. That it be further recommended to make provision in the said laws to empower the commissary general of purchases, or any of his deputies, or such other persons as the respective legislatures may deem expedient, to seize all stock and every kind oi provision necessary for the army, which may have been purchased up or engrossed by any person with a view of selling the same, giving to the person, from whom such stock or provisions have been taken, certificates as afore- said. 3. That the value of all such goods, wares, and merchandise as are above enumerated, or other articles of cloathing, stock, or provisions necessary for the army, which shall be so seized and taken, be ascer- tained at the rate at which the said articles shall be stated by the con- vention of the committees of the several states, to be held agreeable to the recommendation of Congress of the 22 day of November last : the articles of cloathing to be paid for by draughts made by the re- spective states upon the cloathier general; and the stock or provis- ions by the purchasing commissaries receiving them. 4. And it is further recommended to the respective states to cause to be made up so much of the cloathing aforesaid as they can com- plete within a reasonable time, and to send the whole of the cloathing so taken or seized, as well that part which may be made up, as that which may remain unmade, excepting so much as may be neces- sary for cloathing the recruits inhsted in the states for their respective batallions in the continental service, to the cloathier general, to be distributed in the first instance to the supply of the troops belonging to the state furnishing such cloathing, and the residue in such man- ner as the commissioners of the war office or the cloathier general shall, from time to time, direct: provided, that this resolution shall not repeal or affect any part of the seventh proposition recommended to the legislatures of the respective states, the 22d November last, relative to the additional cloathing to be furnished by the several states to their respective batallions. And it is further resolved, that the cloathier general transmit, from time to time, to the respec- tive states, an account of the cloathing furnished to their batallions 216 REVOLUTIONARY LEGISLATION. out of the stock by them collected and sent forward, in order that each state may be satisfactorily informed that their troops receive immediate advantage from its exertions in the common cause. 5. And whereas, great waste of cloathing has arisen from the want of fidelity or skill in the persons employed to make up the same; Resolved, That it be recommended to the respective states to appoint one or more suitable persons to superintend and direct the tradesmen employed to make up the cloaths to be collected as aforesaid, who shall conform themselves to the iastructions of the Board of War relative to the form thereof, provided that no delays be suffered to take place from the want of such instructions. 6. And whereas, the comfortable support of the army of these states may hereafter greatly depend on the supphes which they may be able to draw from their own internpl resources ; it is therefore most earnestly recommended to the said states, to employ a sufficient number of manufacturers and tradesmen to supply the cloathing wanted for their respective ba tallions, exempting them, under proper regulations, from military duty; and authorizing suitable persons to collect and supply, at the stipulated prices, cotton, wool, flax, leather, and other articles for carrying on the said manufactures. 7. And whereas, certain persons, devoid of, and in repugnance to every principle of pubhc virtue and humanity, instigated by the lust of avarice, are, in each State, assiduously endeavouring, by every means of oppression, sharping, and extortion, to accimiulate enormous gain for themselves, to the great distress of private families in general, and especially of the poorer and more dependent part of the com- munity, as well as to the great injury of the pubhc service. For the effectual suppression of such nefarious practices it is most seriously recommended to the several legislatures aforesaid, forthwith to enact laws, limiting the number of retaUers of goods, wares, and merchandise in their several countries, towns, and districts, and obhging them to take hcense and enter into bonds for the observance of all laws made for their regulation; to make provision in the said laws that no person be allowed to sell by wholesale except the importer, and he only to persons having such hcense, or the certificates hereafter mentioned; and that such of their inhabitants as are not hcensed as aforesaid, be restrained from purchasing a greater quantity of such goods, wares, or merchandise than is requisite for their own private or family's use or consumption. And that it be farther recommended to the several states to prohibit any persons whatever, not citizens of their respective states, to purchase within the same, any articles of cloathing or provision necessary for the use of the army, (unless so much as may be requisite for their own private or family's use or consumption,) excepting only such person or persons as shall produce a certificate, under the seal and sign manual of the supreme executive authority of RESOLVES COISTTINENTAL CONGRESS. 217 the respective states, purporting that the said person or persons are employed or permitted to make purchases either on account of the public or for the use or benefit of the inhabitants of the State of which he or they are members; and to inflict such punishment upon all atrocious offenders before described, as shall brand them with indehble infamy. 8. And whereas, there is good reason to apprehend that many of the emissaries and abettors of General Howe are dispersed through the United States, under various pretences of amusement or business, whereby they are enabled to spread disaffection, intimidate th^ people by false news, depreciate the ciu^rency of the United States, and avoid serving in the militia, or paying their fines ; to prevent these mischiefs it h most earnestly recommended to the supreme executive power of each State, to take the most effectual measures to cause all persons whose character and business is not well known and approved of, to be apprehended, and if they cannot give a good and satisfactory account of themselves, that they be obliged immediately to return to their own states, or be confined in gaol. [IX Jom-nals of the Conti- nental Congress (Library of Congress), Decembei 20, 1777, pp. 1043, 1044, 1045.] KESOLUTION CONCEBNING IMFKESSMENT. That General Spencer, or the commander of the forces aforesaid, be informed, that if provisions cannot be procured at reasonable rates, pnd he shall be obliged to impress them, he shall direct certifi- cates to be granted, promising payment at such rates as shall be settled by the convention of committees to meet at New Haven, the 15 instant, in pursuance of a resolve of Congress of the 22 November last; and that this resolution have retrospect as to aU accounts not liquidated for provisions or services supplied or performed to the 1st day of November, which are to be paid at the convention prices, [and all other unUquidated accoimts for services or provisions supplied or performed since that period to the datt <{ this resolution, to be paid for at the prices for which they are contracted.] (X Journals of the Continental Congress (Library if Congress), January 13. 1778, pp. 46, 47.] BESOLITTION B.EGABDING IMPRESSMENT AND PRICES. That the commissioner or commissioners be empowered to hire or impress waggons sufficient to make the necessary transportation of the flotiT to the places where it is to be deposited, and to pay the hire of the said waggons, at the same rate paid by the quarter master general: 218 REVOLUTIONARY LEGISLATION. That the Board of War be empowered to limit the prices to be given for the said wheat and flour, and to give such orders and direc- tions to the commissioners as they shall think proper or necessary, from time to time: provided, that no limitation to be made by the Board of War, with respect to price, shall contravene any acts of the legislature of Pennsylvania, or any of the regulations which may be made hereafter by the convention of committees which is to meet at New Haven, in Connecticut, on this fifteenth day of January. [X Journals of the Continental Congress (Library of Congress), January 15, 1778, pp. 54, 55.] BESbLTTTION BEGABDING SEIZTIRE OF RTJM FOB. ARMY. A remonstrance from John Jeffers was read, praying to be paid for rum, seized by order of the Board of War, for the use of the army: Whereupon, Resolved, That all applications for payment of rum, seized by order of the Board of War, for the use of the army, be made to the said Board, who are hereby directed and authorized to liquidate and adjust the same as they shall think equitable and proper. [XI Journals of the Continental Congress (Library of Congress), May 13, 1778, pp. 491, 492.] BECO'D'^NDATION THAT PRICE FIXING STATUTES BE REPEALED AND EZPOBTS PBEVENTED. The committee to whom was referred the letter of the 27, from J. Wadsworth, with the papers enclosed, brought in a report, which was taken into consideration: Whereupon, Congiess came to the following resolution : Whereas, it hath been found by Experience that Limitations upon the Prices of Commodities are not only ineffectual tor the Purposes proposed, but likewise productive of very evil Consequences to the great Detriment of the pubhc Service and grievous Oppression of Individuals ; Resolved, That it be recommended to the several States to repeal or suspend all Laws or Resolutions within the said States respectively hmiting, regulating, or restraining the Price of any Article, Manu- facture or Commodity. AGREED, THAT AN EMBARGO SHALL BE LAID. Whereas, the Practice of exporting Wheat, Rice, Rye, Indian Corn, Flour, Bread, Beef, Pork, Bacon, live Stock, and other Provi- sions hath been attended with the pernicious Consequences not only of raising the Price of such Articles and strengthening the Armies of RESOLVES CONTINENTAL CONGRESS. 219 these States for subsistence, but also of affording Supplies to theii- Enemies, thereby enabling them more effectually to prosecute the present unjust War. Resolved, That it be recommended to the several States to take effectual Measures for preventing the Exportation of the said Articles, or any of them, excepting so much as may be necessary for the Crews of Ships or Vessels of War, or of such as may be laden with other Merchandizes imtil the Day of next, and for pimish- ing all Persons who under Color thereof may Resolved, That the Governors of Virginia and Maryland be re- quested to forward immediately by Water to the Head of F-lk, the Provisions purchased for the Use of the continental Army, within those States, and which lie contiguous, or convenient to Navigation, and to take such Measures for thatPiu-pose as they shall deem most expedient. Whereas, by a change of circumstances in the commerce of these states, the regulation of prices lately recommended by Congress may be unnecessary; and the measure not being yet adopted by all the states : therefore. Resolved, That it be recommended to the legislatures of the several states that have adopted it, to suspend or repeal their laws made for that purpose. [XI Journals of the Continental Congress (Library of Congress), June 4, 1778, pp. 569, 570.] BESOLTJTION REGARDING DISPOSITION OF PROPERTY IN PHILA- DELPHIA IN CASE OF ITS EVACTTATION BY THE ENEMY. Resolved, That should the city of Philadelphia be evacuated by the enemy, it will be expedient and proper for the Commander iii Chief to take effectual care that no insult, plunder, or injury of any kind, may be offered to the inhabitants of the said city: That, in order to prevent public or private injury from the opera- tions of ill disposed persons, the General be directed to take early ftnd proper care to prevent the removal, transfer, or sale of any goods, wares. Or merchandi2;e in possession of the inhabitants of the said city, until the property of the same shall be ascertained by a joint comhiittee, consisting of persbns appointed by Congress, and of persons appointed by the supreme executive council of the State of Pensylvania, to wit, so far as to determine, whether any, or what part thereof may belong to the king of Great Britain or to aby of his subjects. PCI Jouriials of the Continental Congress (Library of Congress), Jime 4, 1778, p. 571.] 220 REVOLUTIONAEY LEGISLATION. RECOMMENDATION TO STATES AS TO LEGISLATION TOUCHING SPECULATORS, PORESTALLERS, AND ENGROSSERS. Whereas the scantiness of crops of wheat and other grain in the states of New York, New Jersey, Pensylvania, Delaware, Maryland, and Virginia, and the wicked arts of speculators, forestallers, and engrossers, who infest every quarter of the country, and are indus- triously purchasing up grain and flour at the most exorbitant prices, render it impracticable to obtain timely and sufficient supplies for the operations of the army and navy, unless the most vigorous measures are, without delay, adopted, to restrain practices so de- structive to the public weal: Resolved, That it be earnestly recommended to the legislative, or, where vested with sufficient power, to the executive authorities of the states above mentioned, to authorize and direct any civil magis- trate within their respective jurisdictions, on an information given by the commissary or quarter master general, or by the deputy commissary or quarter master general of the respective districts, of any extraordinary quantity of grain or flour being purchased and in the possession of individuals, forthwith to issue his warrant empowering the informant to seize the same for the public use, [paying for the same such prices as may to the respective legisla- tures appear proper, to prevent the practice of engrossing those articles in future, not exceeding six dollars per hundred for flour, and in proportion for grain, which may be found in the hands of engrossers.] And, whereas, the facilitating the supply of the army, which was one- of the principal objects in laying the embargo, has been de- feated by individuals purchasing up grain and flour with a view of exporting the same at the expiration of the term for which the embargo is laid in the respective states: Resolved, That it be earnestly recommended to the Legislative and Executive Authorities of the respective States to continue in Force the present Embargo subject to such Exceptions (See Amend- ment A) as are recommended by the Resolutions of Congress of till the last Day of Jany. 1779, next or till such Time as Con- gress shall give Notice to the respective States that sufficient Sup- plies have been obtained for the Operations of the army and for the French Squadron; and that it be recommended to the said Legislatures to authorize the Seizure and Forfeiture of all Grain and Flour (other than what may be Sufficient for family use) which may be purchased up by Individuals during the continuance of such Embargo. Resolved, That the embargo on provisions, which, by the resolu- tion of the 8th day of June last, was laid until the 15 November next, be continued in force, subject to such exceptions as are rec- RESOLVES CONTINENTAL CONGKESS. 221 ommended by the resolution of the 2d September, till the last day of January, 1779, or until such time as Congress shall give notice to the respective states that sufficient supplies have been obtained for the operations of the army and for the French squadron; and that it be recommended to the respective states to take the most effectual measures for carrying this resolution into effect. On considering this part of the report, the committee having offered, as their opinion, "That it be earnestly recommended to the legis- lative or executive authorities of the respective states to continue in force the present embargo, &c." An amendment was moved , that Congress should continue the embargo, and recommend it to the States to take measures for enforcing it: Upon which the question being put, and the yeas and nays re- quired by Mr. [Joseph] Reed, New Hampshire, Virginia, Mr. Bartlett ay} ay Mr. Harvie no Massaciusetts Bay, R. H. Lee ay Mr. S. Adams ayl M. Smith no no Lovell ay ay Griffin no Holten no North Carolina, Rhode Island, Mr. Penn no Mr. Marchant ay}ay Harnett ay ay Connecticut, Williams ay Mr. Sherman ay}ay South Carolina, New York, Mr. Laurens no Mr. Lewis ay ay Drayton no no Duer Mathews noj , Pennsylvania, Georgia, Mr. Reed no Mr. Walton nol mo noJ James Smith ay no Telfair Clingan no Maryland, Mr. Stone no Forbes ay no Henry no So it was resolved in the affirmative, and the report being amended, the resolution passed as above. Resolved, That it be farther recommended to the legislatures of the several states to pass laws for the seizure and forfeiture of all grain and flour purchased up or engrossed, with such exceptions and under such limitations and restrictions as they may think most expedient. And, whereas, there is reason to believe that the end proposed by Congress in recommending an exemption from embargo, by their resolution of 2 September, may not only be defeated by private purchasers enhancing prices, or by captains making false protests and bearing away to foreign ports; but in cases where vessels may 222 REVOLUTIONAKY LEGISLATION. actually arrive in some ports of the eastern states, the cargoes may be engrossed by individuals at an extravagant rate, with a view of preying upon the pubUc; to guard against which evils, Resolved, That it be earnestly recommended to the legislative and executive authorities of the respective states, not to grant any exemption from embargo to any vessels whatever, unless, in addition to the former security recommended, the persons applying for the same, comply wjth the following stipulations, to wit: Tha,t the shipper or shippers of the cargo solemnly make oath, that no part of the flour or grain proposed to be shipped has been purchased or contracted for since the 10th day of October, 1778. That the shipper and every man on board of the said vessels, whether seamen or passengers, solemnly swear that they will not, dii:ectly or indirectly, be privy to or concerned in any measure whatsoever, which may tend to defeat the arrival of the vessel at some safe port in one of the eastern states ; but that they will, without any deception, mental reservation or equivocation whatever, take every measure to carry into effect the intention of the Hcense granted: That the shipper shall first agree with the commissary general, or person by him duly authorized, for such purpose, on the price for which the flour shipt shall be delivered at one of the ports in the eastern states for the pubhc use. Resolved, That the exemption from the embargo, as recommended by the resolution of Congress of the 2 September, be extended to vessels belonging to the middle and southern as well as those of the eastern states, under the restrictions and stipulations above men- tioned, pen Journals of the Continental Congress (Library of Congress), October 2, 1778, pp. 974, 975, 976, 977, 978, 979.], DISPOSITION OF GOODS BELONGING TO ENEMIES. Whereas, upon the evacuation of this city by the British army, certain seizures made of goods and effects, supposed to belong to the subjects of Great Britain, and other goods were taken up under contracts entered into with the inhabitants of this city by the ofiicers, in the departments of quarter master, cloathier and commissary generals, and a committee hath been appointed by Congress to examine into the conduct of the said officers in making said seizures and contracts, that justice may be done to the public and indi- viduals, but report hath not yet been made. Resolved, That the Board of War direct such of the said goods, whether seized or contracted for, as may be wanted for the immediate use of the army, especially for cloathing, to be appropriated for that purpose; and that the Board of War direct that proper accounts be kept of the goods so appropriated, the quantity aiid quality. RESOLVES CONTINENTAL CONGRESS. 223 and of whom seized, or with whom contracted for. [XII Journals of the Continental Congress (Library of Congress), October 22, 1778, p. 1055.] RESOLUTION BEGABBING OBTAINING OF StTPPLIES FOB THE ARMY. Resolved, That in all cases where forage is wanted for the troops, and cannot be piirchased by the commissaries at reasonable rates, a,pplication be made to the executive or legislative authority of the State wherein the forage is required, or to some person or persons properly authorized by them for that purpose, for their interpo- sition and assistance in procuring the necessary supplies: That it be recommended to the governments of the states, wherein the army or any detachment or part thereof now is, or hereafter shall be, to take such measures, in aid of the forage masters, who shall first use every endeavour to purchase the same, for the procuring sufficient quantities of forage, at reasonable rates, as shall, in their opinion, be effectual, and most likely to procure a speedy supply. [XII Journals of the Continental Congress (Library of Congress), November 30, 1778, p. 1177.] BESOIiTTTION RESPECTING PAYMENT FOR CLOTHING FOR TROOPS. Resolved, That a proper person be forthwith appointed and com- missioned to settle and pay all accounts of arrearages of clpathing due to the troops of these states for the year 1777. That this commissioner be authorized to call on the cloathier general and his deputies, for immediate and exact returns pf all cloathing by them issued for the year 1777, shewing at what times, to whom, and for whose use the same was issued; which returns the cloathier general and his deputies axe directed to make accordingly. The cloathiers in the several states are also desired to make to the said commissioner similar returns of all the cloathing by them issued for that year, on account of the United States, and the governments of the states respectively are requested to give the orders and assist- ance necessary for this end. And all officers of the army who have received cloathing for the troops, either of any continental or state cloathier, or by purchase or impressment, are directed to render to the commissioner aforesaid, a return of the same, and account with him for their due application: [XIII Journals of the Continental Congress (Library of Congress), March 2, 1779, p. 266.] 224 REVOLTJTIOITAEY LEGISLATION. RESOLUTION REGARDING RETURN OF SEIZED MERCHANDISE. Resolved, That the cloathier general be, and he is hereby, ordered, if there be any of the goods on hand, by him taken from the merchants of Philadelphia, at the time of the evacuation of the city by the enemy, and not fit for the use of the army, to return such goods to the persons from whom they were taken without delay; that for all such goods as he has sold to private persons, he pay to the persons from whom they were taken the sums for which they were sold : With regard to the residue, a motion was made that the memorialists receive from the quarter master and cloathier general twelve himdred per cent, upon the sterling cost of the goods seized by them for the use of the army of these states; to which an amendment and sub- stitute was moved as follows : That the cloathier general and quarter master general pay to the memorialists from whom goods were taken for public use, the current price of the same at the time when the said goods were taken. [XIII Journals of the Continental Congress (Library of Congress), March 12, 1779, p. 308.] RESOLUTION RESPECTING PROTECTION OF PROPERTY BELONG- ING TO OR USED OR OCCUPIED BY THE UNITED STATES. Resolved, That it be recommended to the legislatures of the respec- tive states, to make effectual provision by laws for the preservation of the buildings belonging to the United States within their respec- tive jurisdictions, and for the punishment of those who shaU seize upon or injure the same; and that in cases where there are consider- able buildings which cannot be removed with convenience to the public, the proprietors of the ground be obliged to suffer the build- ings to remain thereon, at least during the war, receiving therefor such compensation as shall be allowed by indifferent and proper persons duly appointed and authorized to appraise and value the same; that all grounds or places occupied for the purposes of defence, although the property of individuals, shall remain during the war appropriated (if not before that time abandoned by orders of the proper authority,) for the military purposes intended by their being possessed by the troops; and that no encroachments shall be made on the said grounds or places; but the officer commanding at the post shall remove all such encroachments on the dependencies of the garrison, the forts or any out-works thereof, so that such extent of ground shall remain unoccupied for any private purpose round the forts or garrisons, as the defence of the same posts may require: [and that compensation be made to the proprietors of such grounds in the manner herein before mentioned:] RESOLVES CONTINENTAL CONGRESS. 225 That where permanent buildings are erected with the consent of the owners of the ground, and no price is agreed on or transfer made thereof, if voluntary agreements cannot be made, the appraisers so to be 'appointed as herein before mentioned, shall value and appraise the ground on which such building is erected, according to circum- stances, and on receipt or tender of the amount of such appraise- ment, the said ground be vested in and considered as the property of the United States, in fee simple or otherwise, according to the estate held therein by the proprietor or former occupant thereof. And whereas divers persons become possessed of the property of the United States, either expressly delivered to their care on public roads from an impossibility to transport the same to the place or places of destination by badness of roads, breaking down of teams or other causes, or by finding or taking the same: Resolved, That it be also recommended to the said legislatures to make provision by law, to oblige persons possessed of horses, cattle, stores, or other property belonging to the United States, to dehver the same on demand to the proper officer, or in case no demand is made, to give notice thereof in a hmited time to the executive power of the State wherein they reside, or to the nearest quartermaster, commissary or pubhc agent, and imposing heavy fines on such who neglect or refuse so to do; and in cases of felonies committed on the property of the United States, that persons guilty thereof be brought to immediate and exemplary punishment. [XIV Journals of the Continental Congress (Library of Congress), July 23, 1779, p. 868, 869.] RESOLTJTION REGARDING NONSEIZURB OF SUPPLIES BELONG- ING TO THE FRENCH. Congress took into consideration the report of the committee on the memorial of the honble the Minister Plenipotentiary of France; and thereupon came to the following resolutions: Whereas the Minister Plenipotentiary of France hath represented to us that a quantity of wheat and flour hath been procured and col- lected in the State of Maryland, at a great expence, for the fleet of his most Christian Majesty, and for his garrisons in the French islands; that they are in pressing want of those supplies; that by an act of the legislature of the said State, commissioners therein named are authorized to seize wheat and flour in stores; and that the seizure of the wheat and flour collected as aforesaid, and in the hands of William Smith, Esq., of Baltimore, in the said State, would embarrass the measures of the agent of the marine of the King of France, endanger the success of military plans, and expose to want the garri- sons aforesaid; and hath requested our interposition in this regard: Therefore, 37639—18 15 2^6 REVOLUTIONARY LEGISLATION. Resolved, That it be, and hereby it is recommended to the governor and council of the State of Maryland, to direct the commissioners appointed to carry the act for the immediate supply of flour and other provisions for the army into full force and execution, to refrain from seizing the provisions which have been purchased by permis- sion of the State of Maryland for the agent of the marine of his most Christian Majesty; to replace them in case they have been already seized; and to permit the exportation thereof. That a copy of the memorial of the Minister Plenipotentiary of France, and a copy of the papers enclosed, be immediately trans- mitted, with the foregoing resolution, to the governor and council of the State of Maryland. Resolved, That Congress entertain a high sense of the exertions of the legislature and governor and council of the State of Maryland to procure an immediate supply of flour and other provisions for the army, and that the governor and council be requested to cause the same to be forwarded as fast as procured to the army, the pressing wants of which demand immediate relief. [XVI Journals of the Continental Congress (Library of Congress), January 17, 1780, pp. 67, 68.] RESOLUTION AUTHOBIZING EfflPBESSMENT. A motion was made by Mr. [James] Madison, seconded by Mr. [Joseph] Jones, That the Board of War be, and are hereby, directed to transccit to Brigadier General Wayne, copies of the intelligence received yester- day, relating to the sailing of the British fleet from New York; and that General Wayne be, and he is hereby, authorised and directed, in case the supphes of provisions and forage necessary for the imme- diate march of the detachment under his command to the southern department cannot be otherwise obtained, to impress the same, and to report the amount thereof to the executives of the states within which the same shall be taken; such states to be credited therefor as part of the specific supphes due on the requisitions of Congress. RESOLVES CONTINENTAL CONGRESS. 227 On which the yeas and nays being required by Mr. [Joseph] Jones, New Hampshire, Virginia, Mr. Sullivan May ayJ Mr. Jones ay Livermore Madison ay •ay Massachusetts, Bland ay Mr. Lovell May ayJ M. Smith ay Ward North Carolina, Rhode Island, Mr. Sharpe *ylay ay Mr. Vamum ay Johnston Connecticut, South Carolina, Mr. Huntington ay Mr. Mathews ay Pennsylvania, Bee ay ay Mr. Atlee no Eveleigh ayj Clymer ay no Georgia, T. Smith noj Mr. Few ^ylay ay) Maryland, Howly Mr. Jenifer ayL„ Carroll ayJ r So it was resolved in the affirmative. [XX Journals of the Conti- nental Congress (Library of Congress), May 18, 1781, p. 516.] RESOLUTION AUTHOBIZING IMPRESSMENT. A report of the Board of War, was read; Whereupon, War Office, June 4, 1781. Sir, In consequence of the Kesolution of Congress respecting the Con- ventio^i Troops, of the 23d of May: The Board directed Col. Wood to begin his march as soon as possible; they have taken every measure in their power to prevent delays and interruptions, but from the present situation of pubhc affairs it is possible that unforeseen acci- dents may retard his march which may eventually be productive of the worst consequences, they therefore request that Congress will be pleased to resolve Resolved, That Colonel James Wood be, and he is hereby, author- ised and directed, in case the supplies of provisions, forage, and wag- gons necessary for the immediate march of the Convention troops, and the guards under his command, cannot be otherwise obtained, to impress the same, and to give information thereof to the executives of the states within whose hmits he shall be obliged to take such measures. [XX Journals of the Continental Congress (Library of Congress), June 4, 1781, p. 598.] Preamble. PART v.— STATUTES ENACTED BY THE STATES DUEING THE REVOIUTIONAEY WAE. ACTS AND LAWS OF CONNECTICUT. (Printed ftom "Acts and Laws, made and passed by the General Comt or Assembly of the Governor and Company of the State of Connecticut, in America; holden," etc.| [1777, p. 476] An Act to encourage fair Dealing, and to restrain and punish Sharpers and Oppressors. Whereas all Conspiracies, and other Acts to enhance the Prices of Merchandise or any of the necessaries and corv- veniencies of Life, hought and sold, are at all Times immoral, oppressive to the Poor, and pernicious to the State, and more especially so at the present Time, by Reason of the Interruption of Commerce and great Demand for many Articles, occasioned hy the War. Be it enacted hy the Governor, Council and Representor tives, in General Court assembled, and by the Authority of the same. That from and after the twelfth Day of Novem^ her next, no Person in this State shall purchase any of Articies^not^to tjie following Articles, (except in small Quantities for cept, &c. ' their own Use and Consumption, or for the Use and Con- siunption of their Families or immediate Dependants, or Tradesmen and Artificers, for carrying on the Business of their Trades), viz. Rum, Sugar, Molasses, Tea, Wine, Coffee, Salt, Tow-Cloth or any kind of linen or woollen Cloths, Stockings, Shoes, raw Hides, Leather, Wool, Flax, Cotton, Cotton and Wool Cards, Butter, Cheese, Wheat, Rye, Indian Com, Beans, Peas, Meal or Flour of any Kind, Beef, Pork, Cyder, Tobacco, Neat-Cattle, Sheep, or other live Stock, (except to keep or fat on their own Without a Li- Farms), rmless such Persons first obtain a License there- cense. " . for, signed by the Civil Authority and Select men m the Town wherein they dwell, or a Majority of them when convened together; who shall not grant such License to any Persons but such as are known to be of good Char- acter for Probity, public Spirit, and Friends to the Free- dom and Independence of the American States, and who shall have taken the Oath of Fidelity to this State by Law prescribed. 228 LAWS OF CONNECTICUT, 1111. 229 And if any Person so licensed, shall misbehave in said "co^se may be Tj • -L IT • revoked. Business, by selling any Articles at unreasonable Prices, or refusing to sell them at reasonable Prices for BiUs of Credit of this State, or Bills of the United States, the said Authority and Select men, or the major Part of them, may revoke the License granted to such Persons so misbehaving as aforesaid. Be it further enacted, That no Person shall sell in this State any of the Articles aforesaid, which he has engrossed or has now in his Possession, or which he may hereafter purchase and bring in from any of the neighbouring States, without fii"st obtaining a License therefor as aforesaid, or a Permit from the Governor and Council of ..^"s™^^*'^ A'' ' tide, &o. not to Safety of this State, on Penalty of forfeiting double the^^J»J^ ^^Ji™' Value of every Article so sold, or suffer six Months Im- prisonment. And to prevent any Fraud in regard of said Articles which shall be sold by any such Purchaser or Engrosser, who has any of said Articles in his Possession, he shall before any such License or Permit be given him, make out a true List or Account of all such Articles which he has for Sale, and deliver the same on Oath to the Authority granting such License. And whereas many Persons under Pretence of being employed to purchase for the Army, have heretofore pur- chased up many of the Articles enumerated in this Act, in order to engross them, and sell them again at exorbitant Prices. Be it further enacted, That no Commissary or Assistant Commissary, or other Person whatever, authorized to purchase Supplies for the Army or Navy of the United States, shall purchase any such Articles in this State, until he has produced his Authority to, and obtained a |j^°™™J||*^^jJjSg^ Certificate thereof from the Governor, Deputy-Governor, or an Assistant in this State; and any Person who shall purchase any of the Articles aforesaid, under Pretence that they are for the use of the Army or Navy, who is not properly authorized as aforesaid, shall forfeit treble the Value of the Articles so purchased, and be liable to be imprisoned at the Discretion of the Court, before whom the Conviction is, not exceeding six Months. And whosoever shall be guilty of the Breach of the first Paragraph in this Act, by purchasing any of the Articles therein mentioned, without Licence, shall forfeit ^™^'ty- double the Value of the Articles so purchased. And all Forfeitures by Virtue of this Act, shall belong, one Half 230 REVOLUTIONAEY LEGISLATION. to the Informer who shall prosecute his Information to o< shall make Oath before the Court before whom such Person is on Trial, that he or she hath not been. guilty of the Facts charged against him or her in the Complaint or Information; which Oath such Court is hereby em- powered to administer. 238 KEVOLUTIOKABY LEGISLATION. lormfa^ Officer"' ^^ ^ Informing Officers are hereby authorized and directed to make diligent Enquiry after, and give Infor- mation of aU Breaches of this Act which shall come to their Knowledge. pubu'o''use!*°"" ^d all Goods and Commodities that shall after the twentieth of March next, be impressed and taken for the Use of this State, or the United States, agreeable to any Laws heretofore made, shall be paid for at the Price stated in this Act ; any Thing in said former Laws to the contrary notwithstanding. A Proviso. Provided nevertheless, That nothing in this Act shall extend to hinder or prevent bartering or exchanging between Neighbours, according to the Usages and Cus- toms in the several Towns in this State in the Year 1774, for their own and Families Use and Consumption only. Preamble [1778, p. 490] An Act more effectually to prevent illicit Trade. WHEREAS sundry ill-^minded Persons have, and do continue to carry on a clandestine Trade and Commerce, with the Enemies of the United States of America, to the great Danger of the Liberties and Safety of the good People of these States. Which to prevent: U)'^°i?on|'isia°nl° ^^ ^^ enacted hy the Governor, Council and Representa- ^^ without Per- ;^^gg^ ^^ General Court assemhled, and by the Authority of the same, That no Person or Persons whatsoever, shall at any Time pass or go from any Place or Town in this State, to Long-Island, or any other Island or Place in the Possession of, or under the Controul of the Enemy, until he or they shall first obtain a Licence or Permit therefor, in Writing, under the Hands of the Select-men of such Town where he or they shall go from, or the major Part of them, and one Assistant or Justice of the Peace, on Penalty of One Hundred Pounds, lawful Money; to be recovered by Bill, Plaint, Penalty. Qp Information. And if on Conviction before any Court proper to try the same, such Deliquent shall refuse or be unable to pay said Fine or Penalty, said Delin- quent shall, by such Court, be bound over to serve in any Company raised for the Defence of this State, or on Board any Ship or Vessel of War belonging to this, or the United States, without any Bounty or Wages, or be confined in Goal, at the Discretion of the Court LAWS OP CONNECTICUT, I'JIS. 239 to be before whom such Conviction is had, for a Term not exceeding one Year. ATid he it further enacted, That said Select-men and Civil Authority shall not give such Licence or Permit to any Person or Persons whatsoever, until he or they become bound with sufficient Surety, to the Treasurer gj^™** of this State, in the Sum of Four Hundred Pounds, and lodge the same with such Authority, with Condi- tions, that he or they shall not, directly or indirectly carry with them any Money, Wares or Merchandize whatsoever, for the Purpose of carrying on any Trade or Commerce with the Enemy, or with any Person «r Persons whatsoever on any of the said Islands or Places within the Enemy's Lines or Possession; and that he or they shall not, by any Way or Means whatsoever, purchase or buy any such Wares, Goods or Merchandize, at, or on any of the said Islands or Places within the Enemy's Lines aforesaid, or import the same into this, or any of the United States, during the present War. And he it further enacted by the Authority aforesaid, That when any Wares, Goods or Merchandize, shall be found in this State, imported from Long-Island, or any other of the aforesaid Islands or Places within the Enemy's Lines, contrary to this Act, shall be deemed forfeit to the Finder: And whosoever shall find the Goods forfeit, same, may apply to some Assistant or Justice of the Peace, who (on Application of such Finder, and giving sufficient Bond for Prosecution) are hereby impowered and directed to grant a Writ or Warrant directed to some proper Officer to seize the same, and them keep in safe Custody, until released by due Order of Law. And said Finder may, and shaU, Libel the same, and proceed to Trial in and before the Maritime Court in such County where such Goods are found, in the same Manner as by Law is provided in Case of Captures taken from the Enemy on the Sea. And if any such Goods are taken in the Sound, going from this State to Lon^- Island, or any other Island or Place within the Enemy's tobeiibeiied. Lines, or coming from any of said Islands or Places, contrary to this Act, they shall be deemed lawful Prize to the Captors, and shall be subject to be hbelled, and proceeded with in the same Manner as in other Captures taken from the Enemy. And he it further enacted hy the Authority aforesaid. That the Select-men of the several Towns in this State, ^afeS^up. *" *"* shall have full Power and Authority, by and with the 240 REVOLUTIONABY LEGISLATION. A Proviso. Freamble. An Act pended. Advice of some one Assistant or Justice of the Peace for their respective Counties, at their Discretion, to hale up, or otherwise secure, any Vessel, Boat, Skiff, or other Water-Craft, which they shall have Reason to suspect is intended to be improved for carrying on any of the evU Practices forbidden in this Act. Provided nevertheless. That this Act shall not extend to prevent any friendly Refugee, from the Islands aforesaid, resident in this State, from bringing over any of his or their Effects, left on said Islands, or the Produce of their Lands or Farms thereon, having first procured a Licence or Permit, from the Select-men and Civil Authority, aforesaid for that Purpose. [1778, p. 499] An Act for suspending an Act, entituled, An Act for the Regulation of the Prices of Labour, Produce, Manufactures and CommoditieB •within this State. THE Honorable Continental Congress, having Resolved as follows, viz. "In Congress, June 4ith, 1778; "WHEREAS by a Change of Circumstances in the Commerce of these States, the Regulation of Prices lately recommended by Congress, may be unnecessary; and the Measure not being yet adopted by all the States; Therefore, "RESOLVED, That it be recommended to the Legis- tures of the several States, that have adopted it, to suspend or repeal their Laws made for that Purpose." Which RESOLVE being approved; Therefore, BE it enacted hy the Governor, Council and Representa- tives, in General Court assembled, and iy tJie Authority of the same, That the Act, entituled, "An Act for the Regu- lation of the Prices of Labour, Produce, Manufactiu-es and Commodities within this State," be, and the same is hereby suspended, until the rising of this Assembly in October next. [1778, p. 499] An Act for reviving two certain Acts of this Assembly, the one en- tituled, An Act for punishing and preventing Oppression; the other entituled, An Act in alteration of the Act, entituled. An Act for punishing and preventing of Oppression, which said Acts were re- pealed by this Assembly in December, Anno Domini,. 1776. Two Acta r»- ^g {f enacted by the Governor, Council, and Representa- tives in General Court assembled, and by the Authority of vlved. LAWS OF CONNECTICUT, 1778. 241 the same, That the before described Acts be revived, and the same are hereby revived, in all the Parts and para- graphs thereof, and shall be and continue in Force for the future.' [1778, p. 503] An Act further to prevent Monopolizing and Ingrossing, and to provide for obtaining Supplies for the Continental Army, Navy and Militia of this State. BE it Enacted hy tTte Governor, Council, and iJewe- c'^'4,"?*'""'*^^ ^ ' ' r to issue Warrants sentatives %n General Court assembled, and by the Authority pJo'vislras fcr tSI of the same. That upon Application made by any pur- *™y <" n*^- chasing Commissary to an Assistant and Justice of the Peace, or to two Justices of Peace, stating the Necessities which he is under to obtain Supplies of Pork, Beef, Flour, Wheat, fat Cattle or fat Swine for the Use of the Continental Army or Navy, or for the Militia or Navy of this State, and that it is not in his Power to purchase such of said Articles of Provisions as are wanted for the Purpose aforesaid; the said Civil Authority shall consider the Subject of said Application, and if they shall Judge that the same is well founded, they be author- ized and directed to issue a Warrant to the Sheriflf or Constable proper to serve the same, designating the Person or Persons from whom such Provisions shall be taken, to impress or take for the use of the Continental Army or Navy, or for the Militia or Navy of this State, as the Case shall require, any of the aforesaid Articles of Provisions which shall be owned by any Monopolizer, Ingrosser, or Person who shall have purchased any such Provisions to sell the same; and deliver the Provisions so taken to such Commissary, on his paying for the same at the usual and customary Prices at which such Provi- sions are sold at said Time of Delivery. Be it further enacted. That if ' such Commissary, and Person from whom such Provisions are taken, shall not agree upon the Price thereof, said Civil Authority are hereby directed to appoint two or three judicious and indifferent Freeholders to apprize said Provisions, who shall on Oath apprize the same at the Price at which such Provisions are then usually sold; which Apprisal j„^°^'/,^5| ^ shall preclude the Person from whom such Provisions Jj,°^°jf''™^"*" are taken, from any legal Demand for a higher Price. And if upon such Apprisal it shall be found, that the 1 Copies of these acts were not found. — J. H. C. 37639°— 18 16 242 EEVOLUTIONAKY LEGISLATION. Person from whom such Provisions are taken has refused to accept of such Commissary a Sum equal to what such Provisions are apprised at, the Costs of such Apprisal shall be deducted from the Simai which ought otherwise to be paid him, and he shall be debarred from any further Recovery. And that all Costs incurred by any Apprisal as aforesaid, and Price of Provisions taken by this Act, shall be paid by such purchasing Commissary. preSfngtopu?- '^^^^ ^ ^^J Person falsely pretending to be employed mfelariif to "ot- ^J ^^J Commissary or Quarter Master, shall purchase, or teit, looi. &c. offer to purchase any Thing for the Use of either of said Departments, he shall forfeit the Sum of One Hundred Pounds Money, and double the Value of any Article or Thing which shall have been purchased by him; one Half of every such Forfeiture shall be paid to any Person who, upon his own Costs, shall legally convict any such Offend- ers, and the other Half to the Public Treasury of this State. Informing ojfi- That it be the indispensible Duty of all Informing cers to prosecute. ^rr ■ t • » Oincers to prosecute the Offenders agamst this Act. Act's contin- This Act to continue and be in Force until the rising of the General Assembly in May next, and no longer. An Act re- pealed. [1778, p. 505.] An Act for repealing an Act, entituled, An Act for the regulation of the Price of Labour, Produce, Manufactures and Commodities within this State. Be it enacted by the Governor, Council, and Representa- tives, in General Court assemMed, and iy the Authority of the same, That the Act, entituled. An Act for the Regu- lation of the Price of Labour, Produce, Manufactures and Commodities within this State, be, and the same is here- by repealed. [1778, p. 506-1 An Act for further continuing a Law of this State, made and passed by the General Assembly in December, 1776, for preventing the distiling of Spirituous Liquors from Grain. ued." ^"^ "'°""" Be it enacted by the Governor, Council, and Represen- tatives, in General Court assembled, and by the Authority of the same. That the said Act shall continue in Force until the rising of this Assembly in October next." ^ A copy of this act was not found. — J, R. C. LAWS OF OONNECTICUl, lllS, 243 [1776, p. 507.] An Act to compel the furnishing necessary Supplies; and Assistance to the Quarter-Master-General of the Continental Army. Be it enacted hy the Oovemor, Ooundi, and Represen- mf't^n ^ the tatives in General Court assembled, and hy the Authority ^^"^^^'^^^l of the same, That if any person or persons within thisj^^g"||^^-^™^ Colony shall, upon Request, refuse to sell or supply tof|^^° ^^ ^"" the Quarter-Master-General of the Continental Army the Articles of Timber, Boards, Shingles, Brick or Stone, or to sell or let their Horses, oxen, Carts or Carriages for transporting the same, or to furnish any other necessary SuppHes and Assistance for the Use of said Army, it shall be the Duty of any one Assistant or Justice of the Peace within this Colony, and they are hereby ordered and directed, upon AppUcation to them made by any such Quarter-Master or Quarter-Masters, their Agent or Agents, to grant a proper Warrant or Warrants for the impressing from any such Person or Persons so refus- ing, any of the necessary Articles or Things aforesaid, or of any other Article or Thing needful for the Support or Supply of said Army or for the transportation of the same, directed to the Sheriff, his Deputy, Constable, or any indifferent Person within the County where such ^ application shall be made; who shall impress, and cause an Apprizement to be made thereof, by two or more indifferent Men within said County, to be appointed by the Authority granting such Warrant, at the just and true Value, and deliver the same to said Quarter- Master or Quarter-Masters, their Agent or Agents, he or they paying to Owner or Owners thereof, or into the Hands of such Officers who shall impress the same, the Sum or Sums at which the said Article or Thing shall be apprised as aforesaid, or so much as shall be reason- able for the Use of such Horse or Horses, Oxen, Cart or Carriages, where the same shall be returned again to the Owners thereof, by his own Consent and Agreement. [1779, p. 510.1 An Act for continuing in Force an Act, entituled, An Act to encourage fair Dealing, and to restrain and punish Sharpers and Oppressors. Be it enacted iy the Governor, Council, and Bepresen^- ^^^^^^^^^°^- tatives, in General Court assemhled, and iy the Authority of the same. That the aforesaid Act be, and the same is hereby continued, and shall remain in full Force during 244 REVOLUTIONAKY LEGISLATIOIT. the Pleasure of this Assembly, so far as the same relates to any Prosecution, Suit or Actions commenced for the Breach of said Act, and now depending before any Court of Record. [1779, p. 511.] An Act to compel the furnishing necessary Supplies and Assistance to the Quarter-Master-General and Commissary-General of Forsige, of the Continental Army. Army may be Be it enacted hj the Governor, Council, and Revresen- impressed by . • ^ ■, ^ -i-l ■, -, i n a t • Warrant. tat^ves, %n General Court assembled, and by the Authority of the same, That upon Application made by any Quarter- Master-General or Commissary-General of Forage, his or their Agent or Agents, to an Assistant and Justice of the Peace, or two Justices of the Peace, stating the Necessities he or they are under to obtain Supphes of Timber, Boards, Shingles, Brick, Stone, Hay, Oats and Straw, or Horses, Oxen, Carts and Carriages for transporting the same, or any other necessary Supphes and Assistance, (Wheat, Rye and Indian Com excepted) for the Use of the Army or MiMtia of this State, and that it is not in his or their Power to purchase such Articles of Forage or Building, or hire the aforesaid Articles of Transportation as are then wanted, the said Civil Au- thority shall consider the Subject of said Apphcation, and if they shall judge the same well founded, they are hereby authorized and directed to issue a Warrant directed to the Sheriff or Constable proper to serve the same, designating therein the Person or Persons from whom such Articles of Forage, Budding and Transporta- tion shall be taken, also the Number and Quantity thereof, who shall impress or take the same for the use of the Army, or Militia or this State, as the Case shall require. Owner not j^d if the Person or Persons to whom such Articles shewing sufficient Reason, &c. belong, shaU not forthwith shew to said Civil Authority a Reason which shall by said Authority be judged suffi- cient, why such Articles should not be so impressed and taken as aforesaid, such Articles shall be dehvered to such Quarter-Master-General or Commissary-General of Forage, or his or their Agent or Agents, he or they paying to the Owner or Owners thereof, or into the Hands of the Officer who shall impress the same, such Sum or Sums as the Owner of the Articles so impressed, and such Quarter-Master-General or Commissary General of LAWS OP CONNECTICUT, 1119. 245 Forage, or his or their Agent or Agents agree to be just and reasonable; and if they cannot agree in the Price ^e^Jj'^i^^ which shall be paid therefor, said Civil Authority shall appoint three judicious indifferent Freeholders, who shall under Oath apprize said Articles of Forage and Building and the Use of such Articles of Transportation, at the Price at which said Articles of Forage and Build- ing are then usually sold, and such Articles of Transpor- tation are then usually let or hired out, which shall be paid to the Owner or Owners of the same, by the Person *°'*p**'^ making such AppUcation; which Apprisal shall preclude the Person from whom such Articles of Forage, Building or Transportation, or any other necessary Supplies or Assistance are taken, from any legal Demand for a higher Price. And if it shall be found upon such Apprisal, that the Person from whom any of the aforesaid Articles are taken, has refused to take of such Quarter-Master-General or Commissary-General of Forage, or his or their Agent or Agents, a Sxun equal to what such Articles are apprized, all the Cost of such Apprizal shall be deducted from the Sxun which ought otherwise to be paid him; and he shall be debarred from any further Recovery. And that all Costs incurred by any Apprizal as aforesaid, of any Article taken by Force of this Act, shall be paid by the Person making such Application. [1780, p. 545.] An Act, to continue in Force an Act or Law of the General Assembly, passed in October, 1778; entituled, An Act further to prevent Monopo- lizing and Engrossing, and to provide for obtaining Supplies for the Continental Army, Navy, and Militia of this State. Be it enacted hy the Governor, Council, and Represen-tiamnnvone. tatives, in General Court assembled, and iy tJie Authority of the same. That the said Act shall remain and continue in Force until the rising of the General Assembly in 'October next. 246 BEVOLUTIONABY LEGISLATION. ACTS OF DELA WARE. (Printed from "Acts olthe General Assembly of the Delaware State," etc.. Printed by James Adams.] PASSED AT SESSION HELD OCTOBEK 20, 1778-FEBRUAIlT 3, 1779. An ACT to prohibit the Exportation of Provisions from, this State beyond the Seas, for a limited Time. '"^- Whereas it is expedient when a Scarcity of Pro- Preambie. yisions is likely to prevail, for the Legislature to take early and effectual Steps to preserve within their State such a Quantity of Provisions as may be adequate to the Necessities of the Inhabitants within the same, and those of the Neighbouring States, and also to prevent the Enemies of the United States receiving Supplies by the Capturing of Vessels: And whereas the Law made by the late General Assembly of Delaware for the Purpose aforesaid, in titled, "An Act to prevent the Exportation of Provisions from this State beyond the Seas" is expired, and it still appears necessary to prohibit such Exportation from this State; Be it therefore enacted lay the General Assembly of Delaware, and it is hereby enacted by the Authority of the same. That from and after the PubUeation of this Act, it shall not be lawful for any Inhabitant or of my Kfad' to Inhabitants of this State, or any Person or Persons tusl?ate,exceptl coming within the same, to export, or cause to be ex- ported therefrom, to any Port or Place without the Day"of septem- State, except Pennsylvania, the Jerseys, Maryland, and &e. ° ^ ' ^^' the Eastern Shore of Virginia, not being in Possession of the Enemy, any Wheat, Flour, Rye, Indian Com, Rice, Bread, Beef, Pork, Bacon, live Stock, or other Provisions, before the first Day of September next ensuing, unless this Act be suspended or revoked as herein after mentioned. Provided nevertheless. That this Embargo shall not be construed to prevent the taking on board such Pro-- visions as shall be necessary for the Stores only of any Ships or Vessels of War, or others trading to and from this State. And he it further enacted by the Authority aforesaid. That if any Inhabitant or Inhabitants of this State, Those presum- or anv Person or Persons coming within the same, ing to export con- ■' ° . to"fo nt ve^ei' sball, before the said first Day of September next ensmng, Lading, &o. presume to lade, or cause to be laden on board any LAWS OF DELAWARE, 1'7'79. 247 Ship or Vessel, any Wheat, Flour, Rye, Indian Com, Rice, Bread, , Beef, Pork, Bacon, live Stock, or other Provisions, from the same, with Intent to export such Articles to any Port or Place without the State, (except as before excepted) he or they, for every such Offence, shall forfeit the Articles of Provisions so attempted to be exported, together with the Ship or Vessel wherein the same shall be so laden, her Tackle, Apparel and Furni- ^jf "'I^S* ^"^ ture, the one Moiety or half Part thereof to the Person who shall sue for the same, and the other Moiety to and for the Use of the State, to be recovered on Condem- nation had in the Court of Admiralty for this State. And he it further enacted by the Authority aforesaid, That it shall and may be lawful for the President, with the Advice of the Privy Council, by Proclamation under his Hand, and the Great Seal of the State, at any Time, during the Continuance of this Act, to suspend the Operation thereof, either in Part, or in the Whole, or revoke the same, as to them may seem expedient. Signed by Order of the House of Assembly, NICHOLAS VANDYKE, Spealcer, Signed by Order of the Council, THOMAS COLLINS, Speaker. Passed December 9, 1778. PASSED AT SESSION BEGINNING JANUARY, 1779. [P-7] An ACT /or the Quartering of Soldiers. WHEREAS by the Declaration of Rights of this rm. State it is established. That no Soldiers ought to be Preambio. quartered in any House, in Time of Peace, without the Consent of the Owner, and in Time of War, in such Manner only, as the Legislature shall direct: And whereas it is necessary, during the present War with Great-Britain, to provide proper and convenient Quarters for the Troops of the United States, or any of them, when necessarily ordered within this State, or occasionally passing through the same ; Be it therefore enacted by the General Assembly of Delaware, and it is hereby enacted by the Authority of the same. That whenever any Requisition shall be made to the President or Commander in Chief of this State from the Congress, the Commander in Chief of the Con- tinental Army, or any Person or Persons by the said 248 EEVOLUTIONAEY LEGISLATION. Congress or Commander in Chief duly authorised, that Quarters be provided for the Troops of the United States, or any of them, necessarily ordered within this State, the President, or Commander in Chief, with the Advice manto°to'chSt*^^ *^^ Privy-Council, shall and may issue his Orders to to*ttiif JmUc'S'to *^^ Justices of the Peace of the respective Counties of Cttoop^"*^"^ *^® State, requiring them to procure Quarters for such Number of the said Troops within their respective Coun- ties as he shall direct, in the Manner herein after pre- scribed. And he it enacted by the Authority aforesaid. That the fl?°an" TOiiTOn- ^^id Justices respectively, or any two of them, shall, on th°ir ^oMptid" *^^ Receipt, of such Orders from the President or Corn- el entNutab«°^^^ ^^^ ^^ sufficient Quarters cannot be thus procured, then the said Justices, or any two of them, shall and may enter and quarter the Residue of the said Officers, Soldiers and Troopers, with their Horses and Baggage, in any empty or unoccupied House or Houses: And if sufficient Quarters cannot be thus procured, then the said Justices, biiSted^amonl '^^ ^^^ *^° °^ them, shall and may quarter and billet the the Tavemkeep- remaining Officers, Soldiers or Troopers, with their Horses and Baggage, in the Taverns or publick Houses of Entertainment in the Neighbourhood or Place as- signed for them in Proportion to their Number and their Ability and Convenience: And in case further Quarters u2r Qua'rtefs shall Still be Wanting, it shall and may be lawful for the Sgf wifli the in- Said Justices, or any two of them, or any Constable by cordiig^'to^ their their Written Order, to enter, quarter, and billet the convenie remaining Officers, Soldiers or Troopers, with their Horses and Baggage, in the House or Houses of the Inhabitants around, in Proportion to their Numbers, and the Abilities and Conveniences of the said Inhabitants. And, in case of the occasional March of any Regiment, Petatchment, Troop or Company in the Services of the United States, or any of them, through this State, ie it enacted by the Authority aforesaid, That it shall and may be lawful for any one Justice of the Peace, upon the Ap- plication of the Commanding Officer of such Regiment, Detachment, Troop or Company, to provide Quarters for such Troops in the Manner as herein before directed, as nearly as Time and Circumstances will allow ; Provided, That no more Billets be ordered, than there are effective LAWS OF DELAWARE, 1119. 249 Soldiers. And if any Person shall think him or her- ^^Jj^g^jJJ^ °„^ self aggrieved by having more Soldiers billeted on him 'J»™^^|S''*|™^' or her, than in Proportion to his or her Neighbours, on'J*j^**' ""-^jJp^*- Complaint thereof to any three Justices, or if the Billet- ■'"^'■™^' *'• ing be by one Justice, then on Complaint to two Justices, they may relieve such Person. And he it enacted by the Authority aforesaid. That if any House shall be hired as aforesaid, the said Justice or Justices shall give a Certificate for the Rent to the Owner ^^^°iU|tJ»J|jJ and his Assigns, and where any empty or unoccupied °„^'Jf^°J„^^i°^ House shall be taken as aforesaid, a Certificate shall Houses for Rent, also be given to the Owner and his Assigns for the Sum due for the same, to be ascertained either by Agreement, or by the Valuation of some disinterested Person on Oath, to be fixed on for that Purpose by the Justice or Justices aforesaid; and the said Certificates shall be paid by the County Treasurer, and a Receipt taken, to be^'f^ b^"the allowed to him on Settlement of his Account with the^"™*^ Treas- State-Treasurer; and such Expence shall be charged to the United States, or such of them to whom such Troops shall belong, as the Case may be. And, for Prevention, as far as possible, of any Damage to any House or Premises rented or taken as aforesaid, be it enacted, That it shall and may be lawful for any two Justices of the Peace, if required by the Owner thereof, h*"^* s*'™' b« to enter into such House, and if, on Examination they t?n''o,''t5[,^S^: shall find any Injury done or committed, they shall"™*' *'• cause strict Enquiry to be made after the Person who committed the same, and shall direct the Damage to be valued by some disinterested Person on Oath, and if done by any non-conmiissioned Officer or Soldier, they shall give Notice of the Damage done, and (if discovered) the Name of the Offender, to the Officer commanding the Troops so quartered, and if done by or with the Per- mission or Connivance of any commissioned Officer, they shall give Notice thereof to the commander in Chief, and to the Officer commanding the Troops so quartered. And he it further enacted by the Authority aforesaid, ^j^f ""I". ^„\- That when any Officer, Soldier or Trooper shaU be b»tag^fumish«4 quartered and billeted in any Tavern or Public-house of ^^^^^^1^/''^, Entertainment, in pursuance of this Act, and not beJ'^J'g^^^ '^^"* furnished with the Ration allowed to such Officer, Soldier or Trooper, then, and in such Case, the Owner of such Tavern or Public-house shall furnish such Officer, Soldier or Trooper with the Ration, or such Part of it as he can 250 REVOLUTIONAEY LEGISLATTON. procure, or other good substantial Food in Lieu thereof, and shall be allowed therefor, the Sum of Seven Shillings and Six-pence by the Day, for each non-commissioned Officer and Soldier, and tlie Sum of Ten Shillings by the Day for each commissioned Officer, and the sum of Twenty-jl\)e Shillings by the Day for each Trooper and Mh°e Pay ttiert Horse, including Forage, and the same shall be paid by leavi'tteViacT the Officer commanding the Regiment, Detachment, Troop or Company, before he leaves the Place so quar- tered at as aforesaid. And be it enacted, That in all Places where Troopers or Light-Horse shall be quartered or billeted in pursuance of tfiis Act, the Men and their Horses shall be biUeted in one and the same Houses (except in Case of Necessity) and that in no other Case whatsoever there be less than one Man billeted where there shall be one or two Horses, nor less than two Men where there shall be four Horses, and so in Proportion for a greater Number, and in such Case each Man shall be billeted as near his Horse as possible. offiMr A'"**to -^'"■^ ^* ^* further enacted by the Authority aforesaid, contrary ^''^this'That if any mihtary Officer or other Person shall take •*'='• upon him to quarter any Soldier or Soldiers otherwise than by this Act is directed, every Officer or other Person so offending, shall, on Conviction before the Court of Quarter-Sessions of the County where the Case may happen, be fined in any Sum not exceeding Five Hundred Pounds. Signed ly Order of the House of Assembly, NICHOLAS VANDYKE, Speaker. Signed by Order of the Council, THOMAS COLLINS, Speaker. Passed February 1, 1779. fp. 11] An ACT to prohibit, for a limited Time, the distilling of Whiskey, andother Spirits, from Wheat, Rye, or any other Sort of Grain, or from any Meal or Flour. Preamble Wheeeas the distilling of any Quantity of Grain within this State, may have a tendency to increase the Price thereof, to the great Oppression of the Poor, and occasions a Difficulty in procuring the necessar}' Sup- plies for the Armies of the United States: For Remedy whereof. Be it enacted by the General Assembly of Dela- LAWS OP DELAWARE, 1'7':9. 251 ware, and it is hereby enacted by the Authority of the same, That from and after the first Day of March next, no Whiskey or other Spirits whatsoever shall be made, extracted or distilled, within this State, from any Wheat, Eye, Barley, Malt, or other Grain, or from any Meal or Flour, before the first Day of July next. And be it enacted by the Authority aforesaid, That if, pe1fons^"du?i" during the Time before limited, any Distiller or Maker oil^eumitmonot TTTT- 1 in T J this Act, who Wiskey or other Spirits, or any Person or Persons what- f J'^=;.'J &c''*^hi^l soever, shall make, extract or distil, or cause or procure l^y^i'^j""^ o^^^ to be made, extracted or distilled, any Whiskey or other S'^iuoAed^'^^" Spirits, from any Wheat, Eye, Barley, or other Grain, or from any Meal or Flour, or shall use or mix, or cause or procure to be used or mixed, any Wheat, Eye, Barley, or other Grain, or any Meal or Flour, in any Worts or Wash, in order for the making, extracting or distilling Whiskey or other Spirits, or shall put or lay, or cause or procure to be put or laid, in any Tun, Washbatch, Cask, Copper, StiU, or other Vessel or Utensil, any Wheat, Eye, Barley, or other Grain, or any Meal or Flour, for the Purpose of extracting or distiUing Whiskey or other Spirits, that then, and in each and every of the said Cases, upon Conviction thereof in the Court of General Quarter- Sessions of the Peace, in any of the Counties of this State, where such Offence is committed, such Distiller or Maker of Whiskey or other Spirits, or other Person or Persons acting contrary to the Directions of this Act, or the Person or Pei-sons in whose Custody or Possession any such Tim, Washbatch, Cask, Copper, Still, or other Vessel or Utensil made Use of contrary to the Intention of this Act, be found, shall respectively for everj' such offence forfeit and pay the Sum of Two Hundred Pounds, shall forfeit and incur also a Forfeiture of the Value of all such Wheat, Eye, Barley, or other Grain, and all such Flour and Meal, Whiskey and other Spirits, and of aU such Stills, Vessels or other Utensils; to be ascertained and assessed by the Jury by whom the Cause shall be tried. And he it enacted by the Authority aforesaid. That the niake'""'infiuir'y Constables of the respective Htmdreds in each of the c°o°m mTtTe d Counties in this State, shall and they are hereby enjoined *^*'°'^ '"'' '^'"■ and required, under the Penalty of Five Pounds respec- tively, to be recovered before any Justice of the Peace in the same Manner as Debts above Forty Shillings, and not exceeding Five Pounds are recoverable, and to be transmitted by the said Justice to the Treasurer of 252 EEVOLUTIONABY LEGISLATION. the County in which the Offence is committed, for the Use of the State, carefully and diligently to inquire into Offences committed against this Act; and having any Knowledge of any such Offence, he shall forthwith give Information thereof to the next Justice of the Peace, who shall immediately issue his Warrant, directed to any Constable of the County where such Offender dwells, requiring such Constable forthwith to apprehend the said Offender, and bring him before him or some other Justice of the Peace, who shall cause the said Offender to enter into Recognizance with suflELcient Surety, to be and appear at the next Court of General Quarter-Sessions, to be held for the County where the Offence is committed, to answer the Premises and abide the Judgment of the Court; And for want of such Security, the said Justice shall, and he is hereby enjoined, to commit the said Offender to the Goal of the said County, there to remain until he be legally discharged; which said Recognizance, with such as shall be taken for the Appearance of the Witnesses, shall be duly certified by the said Justice to the next Court of General Quarter-Sessions of the Peace, where such Offender shall be proceeded against by Indictment as is usual in like Cases. how°dbi»s^'oi! -^™^ ^* *^ enacted by the Authority aforesaid. That one Moiety of all Forfeitures which may arise in Pursuance of this Act, shall be paid to the Treasurer of the County where the Offence is committed, to be disposed of by the General Assembly ; and the other Moiety to the Constable or other Person or Persons informing against the Offender. Signed hy Order of the House of Assembly, NICHOLAS VANDYKE, Speaker. Signed hy Order of the Council, THOMAS COLLmS, Speaker. Passed, February 1, 1779. [p. 13] An ACT to prevent and punish the Frauds and Abuses in the Quarter- Masters and Commissaries Departments, and for ascertaining the Pay of impressed Teams and their Drivers. WHEREAS great Complaints have been made of Preambi*. Abuses and Frauds committed in this State in the Quarter-Masters and Commissaries Departments; to remedy the same, therefore. LAWS OF DELAWARE, 1179. 253 Be it enacted by the General Assembly of Delaware, and it is hereby enacted by the Authority of the same, ^^^ ^"^J^g" That if any Quarter-Master General, Deputy or Assis-^^^^-j^j'*^^ p™- tant Quarter-Master, Commissary-General, Deputy or^^J|j^ fof'^is^o* Assistant Commissary, or any Person acting imder the ^^^^^ -^"i^ntas*' Authority of either of them, shall hereafter presume to purchase any Horse, Mare or Gelding, homed Cattle, Sheep or Hogs, or fresh or salted Beef or Pork, or Bacon, Hay, Straw, Wheat, Indian Com, Eye, Oats, Spelts, Barley, Beans, Peas, Buckwheat, or other Forage or Provisions of any Kind whatever, in this State, and dis- pose of the same for his own Advantage or Emolument, by himself or others for his Use, within this State, or elsewhere, and be thereof legally convicted in any Court of Quarter-Sessions in this State in the County where the Purchases were made, for the fraudulent Purpose aforesaid, he shall be fined the Sum of Five Hundred Pounds: And if any of the Persons before described shall ^'^^. ■* ^<^ be duly convicted of such Offence as aforesaid, a second Time, he shall be fined One TJiousand Pounds and suffer six Months close Imprisonment, and be ipso facto ren- dered incapable of holding or exercising any Place of Pubhc Trust, or Office, civil or mihtary, in this State: And any Person legally convicted in any of the United States of the Offence before mentioned, who may here- after become an Inhabitant of this State, shall be incap- able of holding any Place of pubHc Trust, or Office, civil or military, in this State. And he it enacted by the Authority aforesaid, That if any Person shall hereafter presume to act as a Quarter- Master General, Deputy or Assistant Quarter-Master, or Commissary-General, Deputy or Assistant Commissary, before he shall have returned into the Prothonotary's Office of the County where he is about to exercise the Duties of his said Oflice a certified Copy of his Com- mission or Warrant of Appointment, and be thereof du- ly convicted before the Court of Quarter-Sessions of such ^^for |™^hej^^» County, he shall be fined the Sum of Two Hundred Pounds: *Ster\Stmcate And for a second Offense, he shall be fined the Sum of ^^their^A^pomt- Five Hundred Pounds, and be incapable of exercising his ^^I'^f^^^'^ °^" said Office or Trust within this State: And if any of the Persons before described shall be duly convicted in Man- ner aforesaid, of returning a false Certificate into the Pro- thonotary's Office, he shall forfeit and pay the Sum of 254 REVOLUTIONARY LEGISLATION. Two Hundred Pounds, be disabled to act in said Office or Trust, and be punished as a Cheat. And he it enacted by the Authority aforesaid, That if any Quarter-Master General, Deputy or Assistant Quar- ter-Master, or Commissary General, Deputy or Assistant Commissary, or any Person acting under the Authority of either of them, or any other Person or Persons whatsoever, except in Cases of sudden Necessity to prevent public Stores f alUng into the Hands of an Enemy, shall presume to impress any Shallop, Boat or Vessel, under Pretence of th^/'exOTpt''&i.'*'^^'^^P^''*i'^S public Stores, or for any other Purpose, iS|)'™&o*''m?es5^°l®ss authorized and impowered by the President, Vice- Pres?d!mt*&o**'°P^6sident or Commander in Chief of this State, specifying the Vessel and Time for her continuing in such Service, and shall be duly convicted thereof before the Court of Quarter-Sessions of the County where the Offence is committed, he shall be fined the Sum of Two Hundred Pounds; and if convicted as aforesaid of a second Offence, he shall be fined the Sum of Five Hundred Pounds; and if a Quarter-Master General, Deputy or Assistant Quarter- Master, Commissary-General, Deputy or Assistant Com- missary, or any other Person acting under the Authority of them or either of them, be rendered incapable of ex- ercising his said Office or Trust in this State. And be it enacted by the Authority aforesaid. That if any Quarter-Master General, Deputy or Assistant Quar- ter-Master, or Commissary-General, Deputy or Assistant Commissary, or any Person acting under the Authority of either of them, or any other Person whatsoever, shall presume to impress any Waggon, Carriage, Cart or Team, Horse or Horses, or Oxen, under any Pretence, imless authorized and impowered by Warrant under the Hands and Seals of the two nearest Justices of the Peace of the County, particularly describing the Waggon or Waggons, &^°uniIs*^'au-^^'""^S®) Carts, or Teams, Horses or Oxen, so to be im- faSt''°rom ^o pressed, and mentioning the Nmnber and Purpose (to be Justices. at their Discretion) and the length of Time and Service for which such Waggon or Waggons, Carriage, Carts, Teams, Horse or Horses, or Oxen, are to be so impressed, (and that never to exceed Ten Days at any one Time, and for the public Service only, and assessing the same in just Proportion on the Inhabitants living convenient, and owning Waggons, Carts, Teams, Horses and Oxen) and shall be thereof duly convicted before the Court of Quar- ter-Sessions in the County where the Offence is committed, LAWS OF DELAWARE, 1179. 255 he shall be fined for every OflFence the Sum of One Hundred Pounds: Provided, nevertheless, That nothing in this Act shall extend to prevent the Exercise of such Authority un- der the MiUtia Law of this State. And ie it enxicted by the Authority aforesaid, That one Moiety of the respective Fines by this Act imposed, when received, shall be paid to the County Treasurer for the Use of the State, and the other Moiety shall be paid to the Person who shall prosecute, except where the Attorney- General shall prosecute by Order of the Court of Quarter- Sessions ; in which Case the whole Fine shall be paid to the County Treasurer for the Use of the State. And whereas the advanced Price of the Articles neces- sary to equip a Waggon and Horses renders it necessary to increase the Pay of the same. Be it therefore enacted by the Authority aforesaid, That from and after the Publica- tion of this Act, the Pay of a Waggon, with a Driver, jig^lJ ""■ ^"" drawn by four Horses, carrying Twenty Hundred Weight, a Distance not exceeding twenty Miles in twenty-four Hom^, shall be Four Pounds Ten Shillings, the Owner finding Forage for the Horses, and paying and subsisting the Driver; but if Forage and Subsistence be found by the Public, the Sum of Three Pounds, and so in Proportion for every other Team that may be impressed as herein before directed. Signed hy Order of the House of Assembly, NICHOLAS VANDYKE, Speaker. Signed hy Order of the Council, THOMAS COLLINS, Speaker. Passed February 1, 1779. PASSED AT SESSION HELD OCTOBER 20, 1779-DECEMBEK 25, 1779. [P. 5.] An ACT to prohibit the Exportation of Provisions from this Slate beyond the Seas for a limited Time. WHEEEAS it is expedient for the Legislature of 'ireambie. this State to take early and effectual Measures to prevent Difficulties in procuring Supplies for the Army of the United States: And whereas the Law made by the late General Assembly for the Purpose of prohibiting the Exportation of Provisions, intitled, "An Act to prevent the Exportation of Provisions from this State beyond the Seas for a limited Time," is expired, and it still 256 BEVOLUTIONAEY LEGISLATION. appears necessary to prohibit such Exportation from this State. 1. Be it therefore enacted by the General Assembly of Delaware, and it is hereby enacted by the Authority of the same, That from and after the Publication of this Act, it shall not be lawful for any Inhabitant or Inha- bitants of this State, or any other Person or Persons coming within the same, to export, or cause to be ex- ported therefrom, to any Port or Place without the State, except Pennsylvania, the Jersey, Maryland and the Eastern Shore of Virginia, not being in Possession of an Enemy, any Wheat, Flour, Rye, Indian-Corn, Rice, Bread, Beef, Pork, Bacon, live Stock, or other Provisions before the first Day of May next, unless this Act be revoked or suspended as herein after mentioned. Provided nevertheless. That this Embargo shall not be construed to prevent the taking on Board such Provi- sions as shall be necessary for the Stores only of any Ships or Vessels of War, or others, trading to and from this State. 2. And be it enacted by the Authority aforesaid. That if any Inhabitant or Inhabitants of this State, or any sanSn™o export ■^^^^'^ °^ Porsous coming within the same, shall, before A™*'"to ^forfeit *^^® ®*'^ ^^^ ^^^ °^ ^"'V ^^^^ onsuiug, presume to lade, Vessel, Lading, qj. causo to be laden, on Board any Ship or other Vessel, any Wheat, Flour, Rye, Indian-Corn, Bread, Beef, Pork, Bacon, live Stock or other Provisions, with Intent to export such Articles to any Port or Place (except as herein before excepted) he, or they, for every Offence, shall forfeit the Ai'ticles of Provisions so attempted to be exported, together with the Ship or other Vessel wherein the same shall be so laden, her Taclde, Apparel dif^led'o* """^ ^^*i Furniture; the one Moiety or half Part thereof to the Person who shall sue for the same, and the other Moiety to and for the Use of the State, to be recovered on Condemnation in the Court of Admiralty for this State. ProvSns'*"fal ^- -^""^ ^^ ^* enacted by the Authority aforesaid. That Exportation, if any Inhabitant or Inhabitants of this State, or any Person or Persons coming within the same, shall, before the said first Day of May next, sell, or cause to be sold, any Wheat, Flour, Rye, Indian-Corn, Bread, Beef, Pork, Bacon, or live Stock, or other Provisions, to any Owner or Master, Passenger or other Person concerned in lading any Ship or other Vessel lying in any River, LAWS OF DELAWARE, niD. 257 Creek, Haven, Port or Harbour within this State, or in the River or Ba^ of Delaware, or Seas adjacent to this State, in order that the same may be exported to any Port or Place (except as before excepted) any Person so offending and being legally convicted thereof in any ^?'J^j''^j'g|^g™°- Court of Quater-Sessions of the Peace holden in the respective Counties of this State, where the Person so offending shall be or reside, shall forfeit and pay anyl^^^JejfJ^^^fJg* Sum not exceeding double the Value of the Articles so sold for every such Offence; one Moiety whereof shall be paid to the Informer, and the other Moiety to the Treasurer of the County for the Use of the State. 4. ATid he it enacted by the Authority aforesaid. That mJ^^ug^'^^i^^e it shall and 'may be lawful for the President, by Writing 2?^^"™ <" ^^^ under his Hand and the Great-Seal of the State, at any Time during the Continuance of this Act, to suspend the Operations thereof, in Part, or in the Whole, or re- voke the same, as to him may seem expedient Provided always, That the President shall not exercise the Powers vested in him for suspending the Operations ^aSante' *of of this Act for any other Purposes than permitting any*^^^****- Inhabitant or Inhabitants of this State to export any Quantity of Flour not exceeding Fifty Barrels, or any Quantity of Indian-Corn not exceeding One Hundred Bushels, in any one Vessel, to any Port or Place beyond the Seas, on Condition that the Owner or Owners of Rf^iJ^'i *>« ' ^ ^ ^ ^ Cargo to be im- such Vessel give him sufficient Security that such Vessel P°r^^™anufac- ' ^ . . turing the same soon as conveniently may be; and if any Miller shall ^,{.^^™^^Y°&!^ purchase, or get into his Possession, any Quantity of Wheat, except the Produce of his own Farms, more than shall be deemed necessary for the Support of him- self and Family for one Year, and shall not manu- facture the same into Flour within Six Weeks after the same came into his Possession, except he is prevented by some unavoidable Cause, and having manufactured the same into Flour, shall refuse to expose such Flour to Sale at the current Price, every such Person shall be adjudged an Engrosser, and being convicted thereof |'J'«^<^^i^'^se^a° before the Court of Quarter-Sessions of the Peace of the |^g^|^ J";''^'* ^ County where the Offence is committed, he shall forfeit and pay any Sum not exceeding Three Thousand Pounds nor less than Fifty Pounds, and stand committed as aforesaid. And whereas the wicked Arts of Forestallers and En- grossers render it difficult to obtain timely and sufficient Supplies for the Continental Army and Navy, 4. Be it therefore enacted by the Authority aforesaid, That from and after the aforesaid first Day of January, it shall and may be lawftil for any Justice of the Peace of the°'peac"™im- this State, and he is hereby directed, either upon his own gfj^^^f „*°^i'™^ Knowledge, or on Information to him made, on Oath or=j|^|» j^^™'™'"^? Affirmation, of any Quantity of Grain, Flour or Bread, s^^sed, 260 EEVOLtmONAEY LEGISLATION. Beef, Pork, or any other Kind of dead Victual, being in the Possession of any Person or Persons inhabiting, resid- ing or being within this State, having engrossed the same, to issue his Warrant directed to some Constable of the County where such Quantity of Grain, Flour or Bread, Beef, Pork, or any other Kind of dead Victual may be, impowering and directing the Constable to seize the same in the Name of the State, and return an exact and true Account, upon Oath, of the Articles so seized, and also of the Place where the same are, to the said Justice on such Day as the Justice shall in his Warrant order and direct; and thereupon the Justice shaU issue his Summons, directed to some Constable of the County, commanding determined b| ^im to summou five Freeholders of said County to ap- fo'be^mmmedP^^^ bcfore him On some Day to be by him appointed, jusuce?" "' ""* within ten Days after such Return, whose Duty shall be, after being legally qualified by the Justice, to determine the Fact whether said Articles were engrossed by the De- fendant contrary to the Meaning and Intent of this Act, and also fix the current Price of such Articles; at which Time and Place the said Defendant is to be summoned to appear by the Constable serving such Process, and if the Mid upon their said Jury by their verdict say, that the Articles in the Determination ^ j , that such Provi- same Return were engrossed contrary to this Act, the said sions were en- d ^ ; grossed, the same Justice is hereby directed to record such Verdict, and shall be condemn- ^ _ ' ae'Ar'^" ^&c "' thereupon to enter his Judgment, that the Articles be condemned for the Use of the Continental Army, and to deliver the same to the Purchaser of the County for the Use of the said Army on his paying into the Hands of the Justice the current Price aforesaid, which Sum of Money so paid, after Deduction of the legal or usual Costs and Charges, is to be paid to the Defendant in the said War- rant named. 5. And he it further enacted by the Authority aforesaid. That if any Person or Persons shall, from and after the aforesaid first Day of January next, presume to purchase, buy or barter for (except the Inhabitants of this State, ce'*t°'&^"bu° to ' ^"^ other Persons buying for the Use and Consimaption ™d '^ito^^'Se °^ themselves and Families only, or for the Purpose of same again, &c. retailing within the State) any Woollen or Linen Cloth, the Manufacture of this State, and shall sell again, bar- ter away, exchange, or otherwise dispose of the same within the said State or elsewhere, and be duly convicted thereof in any Court of Quarter-Sessions within the State, the Person or Persons so offending, shall, for every such LAWS OP DELAWARE, 1'780. 261 Offence, forfeit and pay double the Value of the Article ^J^awe the vaUe or Articles so sold, bartered, exchanged, or otherwise "'*""'■ disposed of. 6. And he it enacted by the Authority aforesaid. That a Moiety or half Part of all Fines and Forfeitures levied pj^'j^jj'^o^ ""s- by Virtue of this Act shall be paid by the Sheriff into the Hands of the Treasurer of the County, for the Use of the County, where the Offence is committed, and the other half to the Informer, or to him or them who will prosecute the Offender to Conviction: Provided always, That this Act, or any Thing herein contained, shall not extend, or be deemed to extend to the Transactions of the Clothier-General of this State, for the Time being, in his purchasing of Cloathing for the Troops of this State in the Continental Army. 7. And be it further enacted by the Authority aforesaid, this°Ac't™°°* "' That this Act shall continue and be in Force until the twentieth Day of October next, and no longer. Signed iy Order of the House of Assembly , SIMON KOLLOCK, Speaker. Signed iy Order of the Council, JOHN CLOWES, Spealcer. Passed, at Wilmington, December 25, 1779. PASSED AT SESSION HELD OCTOBER 20, 1779-M:ARCH 29, 1780. [p. 21.] An ACT for furnishing Supplies within this State for the Army of the United States for the enduing Campaign. WHEREAS the Honorable Congress, by their Resolu- nso. tion of the Twenty-fifth of February last, have called upon Preamble, the United States for their respective Quotas of Supplies for the Continental Army, for the ensuing Campaign; of which Supplies this State's computed Quota is Three Thousand and Fifty-five Barrels of Flour, Five Hundred Tons of Hay, and Eighteen Thousand Six Hundred and Sixty-two Bushels of Indian-Corn: We the Representa- tives of the Freemen of this State, taking into our serious Consideration the Necessity of Supplying the Army of the United States, have agreed, that the aforesaid Quantities of Flour, Hay and Indian-Corn, shall be furnished by and collected in this State for the Purpose aforesaid, and desire that it may be enacted; 262 EEVOLUTIONAEY LEGISLATION. 1 . And be it enacted by the General Assembly of Dela- ware, and it is hereby enacted by the Authority of the and'Kmdoffup^-Same, That the aforesaid Quantities of Three Thousand &d before the and Fifty-five Barrels of Flour, Five Hundred Tons of cembS^next'. °°"Hay, and Eighteen Thousand Six Hundred and Sixty-two Bushels of Indian-Corn, shall be furnished by, and col- lected in, the several Counties of this State, before the thirty-first Day of December next, in the following Pro- portions, that is to say, by the County of New-castle shall be furnished One Thousand Three Hundred and Five Barrels of merchantable Flour, each Barrel containing two hundred and twenty-four Pounds of Flour, and Four Hundred and Fifty-seven Tons and an Half of Hay; by the County of Kent shall be furnished One Thousand Six Hundred Barrels of merchantable Flour, each Barrel con- taining two hundred and twenty-four Pounds of Flour, Forty-two Tons and an Half of Hay, and One Thousand Four Hundred and Thirteen Bushels and an Half of Indian-Corn; and by the County of Sussex shall be fur- nished One Hundred and Fifty Barrels of merchantable Flour, each Barrel containing two hundred and twenty- four Pounds of Flour, and Seventeen Thousand Two Hundred and Forty-eight Bushels and an Half of Indian- Corn, and shall be assessed, collected and deposited as is herein after directed, thlpea^cftomeei 2. And be it enacted by the Authority aforesaid. That, Sum ^^on^ the^o'" ^he more equally assessing, ordering, levying and col- e^ssa^^topScSaselecting the aforesaid Quantities of Flour, Hay and Indian- tamisffiby each Corn, in the several Counties of this State, the Justices County, &c. ^f ^j^g Peace, in each of the Counties thereof, or any five of them, shall meet at the Court-Houses in their respective Counties on the Monday of the Court of Quarter sessions of the Peace, to be holden in each of the Counties of this State in May next, and are hereby authorized and im- powered to ascertain what Sum of Money, in Spanish milled Dollars, will be sufficient to purchase the Quan- tity of each of the aforesaid Articles, directed by this Act to be furnished by the respective County, allowing Four and an Half Spanish milled Dollars per Hundred Weight, to be given for Flour, Fifteen Spanish milled Dollars to be given, per Ton, for Hay, and Three Fourths of a Spanish milled Dollar, per Bushel, to be given for Indian-Corn; and the Sum by them ascertained as suffi- cient and necessary to purchase the aforesaid Quantities of Flour, Hay and Indian-Corn to be furnished by their LAWS OP DELAWAEE, 1780. 263 respective Counties to lay upon the last Assessment made in each of their Counties respectively, and at the same Time to ascertain what sum on the Pound-Rate in the said Assessment will be sufficient to raise the same, clear of all Deficiencies, Costs and Charges that may attend the Collection thereof, and what Quantity of Flour, Hay or Indian-Corn will be sufficient to discharge the same at the Prices aforesaid ; which said Rate or Assessment, shall, by the said Justices, be delivered to the Clerks of the Peace of their respective Counties forthwith. 3. And be it enacted by the Authority aforesaid. That, for the more easy and speedy collecting and furnishing the be^^OTint«j\'n aforesaid Quantity of Supplies, directed by this Act to be Jgf j£°™*y ,''y furnished by each of the Counties of this State, there shall ^i?™'™"^ "' sup- be three rfeputable Freeholders in each County recom- mended by the Justices of the Peace, one of whom shall be appointed by the President or Commander in Chief of this State, in each County, by the Name of A Receiver of Supplies for the Army of the United States, whose business shall be to superintend the receiving, ordering and''"'^"*^' depositing such Quantity of the said Supplies as shall be furnished by his County; which said Receivers of Sup- plies shall respectively give Bond to the President or Com- mander in Chief aforesaid, in the Name of the Delaware ,„ "n? perK State, with such Sureties and in such Sums as he shall ^°'=^"^«™f' approve of, conditioned for the faithful Performance of the Duties by this Act enjoined them; and they are hereby respectively impowered to appoint such Number of Deputy-Receivers under them in each County respec-g^^p^jj^^PP'''"'' tively as they shall think necessary, for whose Care and Fidelity they shall be accountable. 4. And be it enacted by the Authority aforesaid, That|^„»,\^Jj'',«Yc° the Receiver of SuppMes in each of the Counties of this State, shall, before the first Day of June next, procure Store-Houses and Hay-Yards in his County, at the Ex- pence of this State, to be charged to the United States, so conveniently situated on some navigable Water within the same, for the Reception of all such of the aforesaid Supplies as is herein before directed to be furnished by his County, as to avoid the Expence of any Land-Car- f^d,. j^t^t™*^^ at riage on the same, if possible; at each of which Store-^aohwe^k^ re- Houses the said Receiver of Supphes, or one of his Dep- uties, shall attend at least two Days in every Week, after the same shall be so as aforesaid procured, in order to receive the Quota of the aforesaid Supplies that shall 264 KEVOLUTIONAKY LEGISLATION. be assessed on each of the taxable Inhabitants in his County respectively. Peace \o°make ^- -^^mZ he it enacted by the Authority aforesaid, That puoates* ™ the ^bc Clerks of the Peace in each County, shall, on or before theEeoSvMsf " ^be Said first Day of June next, make out Duphcates of the aforesaid Assessments, and annex to the Sum each Taxable shaU be assessed at in the same the Quantity of Flour, Hay or Corn, which wiU discharge the same at the Prices aforesaid; which Duphcates he shall dehver to the Keceiver of his County forthwith. tu° tSi?°™^ 6. And he it enacted by the Authority aforesaid. That to theTppSi tlie Receiver, on the Receipt of the aforesaid Assess- Houses &c.° ' * ' ments, shall notify the taxable Inhabitants of his County by Advertisements set up in ten of the most Public Places in each Hundred of the same, to bring to the Store- Houses or Hay- Yards, or some of them, provided for the Reception thereof, aU such Quantities of the aforesaid Supphes as shall be annexed to their Names respectively in the Assessments aforesaid, and upon Notice being given by the Receivers in Manner aforesaid, every taxa- ble Inhabitant in each of the Counties within this State, shaU forthwith bring to such Store-House or Hay- Yard, as by the aforesaid Advertisements they shall be directed, the Quantity of the aforesaid Supphes to their Names in the aforesaid Assessments respectively annexed, and dehver the same to the said Receiver, or his Deputy, tak- ing his Receipt therefor; which Receipt shall be a suffi- cient Discharge to such Taxable for the Dehvery thereof. 7. And he it enacted by the Authority aforesaid. That the said Receivers shall cause to be fair and regularly entered in Books, to be provided by them for that pur- pose, an Account of all such Quantities of the said Sup- plies as shall be by them, respectively, or any of their respective Deputies received, of whom, and at what Time the same were by them so received; which Books shall be by them safely kept and laid before the General Assembly of this State whenever they shall demand the same. Taxabiein- g. ^ind he it enacted by the Authoritv aforesaid, That habitants neglect- *^ ^ ' tag todeiiver the if anv of the Taxable Inhabitants in either of the Coun- Supphes on them ^ assessed, how to ^igg of this State, shall refuse or neglect to bring to the be proceeded ' . => " . ^T^xabies tak- Store-House or Hay-Yard, to which they shaU be directed mg an oa,th, &c. by the aforesaid Advertisements, or some of them, such ArticieTherein Quantity of the aforesaid Supplies as to his or her Name lieu of the speeiflc respectively shall be annexed in the aforesaid Assessment- LAWS OF DELAWARE, 1180. 265 Lists, within the following Times, that is to say, one Half thereof on or before the tenth Day of August next, and the other Half thereof on or before the thirtieth Day of December next, the Receiver in each County shall make Return of the Names of all the Taxables in his County so refusing or neglecting to any two Justices of the Peace for the same; which said Justices shall thereupon issue their Warrant directed to some Constable of the Hundred, commanding him to levy, by Distress and Sale of so much of the Goods and Chattels of each of the taxable Inhabitants so refusing or neglecting, such Sum or Sums of Paper Money as will, in their Opinion, be sufficient to purchase the Quantity of the aforesaid Supplies which such Taxable ought to have delivered within the Time herein before directed, together with the legal Costs of the said Constable in making the said Districts and Sale: And if the Person or Persons whose Goods and Chattels shall be so as aforesaid distrained, shall not, within five Days after such Distress made, deHver to the Receiver, or his Deputy, for the County in which such Taxable so refusing or neglecting resides, the Quantity of such Sup- phes to his Name annexed in the aforesaid Assessment- Lists, the Constable shall make Sale of so much as will amount to a sufficient Sum of Money to purchase the same, clear of aU Costs and Charges for Carriage thereof to the Place where the same outht to have been delivered, and return the Overplus, if any there be, to the Owner; which Sum the Constable shall immediately pay into the Hands of the Receiver, to be by him applied to the Pur- pose of purchasing such Quantities of the aforesaid Sup- phes as ought to have been paid by the Taxable whose Goods were distrained for such Neglect or Refusal, and defraying the Cost and Expence of' conveying such Sup- plies to the Place where the same ought to have been de- livered. Provided nevertheless, That every such Taxable who shall appear before any Justice of the Peace and take an Oath or Affirmation to the following Effect,^ That he or she hath not a sufficient Quantity of the specific Articles to his or her Name annexed in the afore- said Assessment-Lists, over and above what will be necessary for the Support of his or her Family for one Year, — that then and in that Case, every Person making such Oath or Affirmation, and delivering a Certificate thereof from such Justice (which the said Justice is here- by required to do ex officio) to the Receiver of Supphes 266 REVOLUTIONARY LEGISLATION. for the County in which such Taxable resides, shall be at Liberty to pay the Value of the Article to his or her Name in the said Assessment-Lists annexed in any other of the Articles here enumerated, of good and sufficient Quality, at the following Prices in Spanish milled Dol- lars ; to wit, Beef per net Hundred Weight, Five Dollars and an Half; Pork per net Hundred Weight, Seven Dol- lars;- Wheat per Bushel, weighing Sixty Pounds, One Dollar and an Half; Indan-Corn per Bushel, Three Fourths of a Dollar; Oats per Bushel, Half a Dollar; Rye per Bushel, One Dollar; Beans or Pease per Bushel, One Dollar and an Half; Buckwheat per Bushel, Three Fifths of a Dollar; Hay or Corn-Blades per Ton, Fifteen Dollars; and Salt at the Rate of Three DoUars for eighty Pounds Weight. And WJiereas some Owners of Lands may not reside in the same County or District where such Land lies, or may be under the Age of twenty-one Years, whereby it may be difficult to recover or collect that Part of the said Sup- plies that shall be assessed on such Land; Provisionior 9. Be it therefore enacted by the Authority aforesaid, securing the De- ^ ^ u 1 liveryof Supplies That the Tenant or other Person residing on, or bavins: m certain Cases. . o ^ o the Care of such Land, their Goods and Chattels, and the Goods and Chattels of the Landlord, if there found, shall be hable to be distrained, in Manner herein before directed, if the Tenant, or other Person having the Care of such Land, refuse or neglect to dehver the Quantity of said Supplies assessed on the same within the Time and in the Manner herein before directed ; and in case the Ten- ant or Person having the Care of such Land shall de- hver the Quantity of the said Supplies assessed on the same, agreeable to the Directions of this Act, or his or their Goods be distrai^ned for the same, it shall and may be lawful to and for the said Tenant, or Person having the Care of said Lands, to recover the Value of the Sup- plies so as aforesaid dehvered, or the Monies so as afore- said distrained for, from the Owners, by Warrant under the Hand and Seal of any Justice of the Peace of the Hundred where such Landlord resides, together with Costs, or retain the same in his own Hands out of the Rent as the same arises and becomes due; and all Guardians making Payment, or having their Goods dis- trained as aforesaid, shall be allowed the Sum so paid for such Minors on the Settlement of the Accounts of their Guardianship: Provided, That nothing in this Act shall LAWS OF DELAWARE, 1780. 267 in any Manner alter any Contract hertofore made between any Landlord and Tenant. 10. And he it enacted by the Authority aforesaid, That if any Constable shall refuse or neglect to pay into the i£°P|**J''|y^^ Hands of the Receiver of his County all such Sum or ^^„f ^^g^^'™"^* Sums 01 Money as may come into his Hands, by Virtue Hands''by virtue of this Act, he shaU be proceeded against by the said Re-^'^'o'cfe'd^ed ceiver before any Justice of the Peace of the County *^*'"^'- where the Sum does notexceed Fifty Pounds, and before three Justices when the Demand is above Fifty Pounds, in the same Manner that other Debts under Forty Shil- lings, are recoverable by the Laws of this State. 11. And he it enacted by the Authority aforesaid. That the Receiver in each of the Counties of this State, shaU make monthly Returns to the President or Commander in Chief of this State of the Quantities of the aforesaid Sup- pHes that are delivered into the Store-Houses or Hay- Yards in his County, in order that like Returns be trans- mitted by the President to the Board of War; and the said Supplies, in the Stores and Yards aforesaid, shall be subject to, and deUvered by the Receiver in each County on, the Draught or Order of the said Board, the Com- mander in Chief of the American Army, or the President or Commander of this State, for the Supply of the Troops of the United States, or any of them. 12. And be it enacted by the Authority aforesaid, That it shall and may be lawful for the President or Comman- to^^sue wf ^*Ji- der of the State, and he is hereby authorized and impow- i^^l*'""! f ™^i^ ered, so soon as the said Receivers shall be appointed Jj'^^^o"''^^^™; and respectively give the Security hereby directed, to I''® pf/g'^^'^^oj"' issue his Proclamation prohibiting all and every Person ^^'/j^ggjij a^y^g whatsoever from purchasing any of the Articles of Sup- ^o^^^ighel"*" plies herein before mentioned, within this State, for the Use of the Army ; and if any Person after such Proclama- tion issued shall presume to purchase or contract for any Quantity of the aforesaid Articles within this State, for the Use of the Army, or by Virtue of any Authority or Appointment from or under Congress, or any Person or Persons by them appointed, the Person so offending shall, on Conviction thereof, in any Court of Quarter-Sessions of the Peace of this State, forfeit and pay any Sum of Money not exceeding On^ Thousand Pounds, and stand com- mitted till the said Fine and the Costs of Prosecution be paid. 13. And be it enacted by the Authority aforesaid. That the President or Commander in Chief of the State is 268 EEVOLtTTIONAEY LEGISLATION. hereby authorized and impowered to superintend the said Receivers of Supplies, and to remove them, or any of them, for Misbehaviour or Neglect of Duty in their Office respectively, and on such Removal to supply the Vacancy by a new Appointment. 14. And he it enacted by the Authority aforesaid. That aiiow^°the'K'^ each of the Receivers of Supplies shall, for the Perform- ceivers. ance of the Duties by this Act required of them, be en- titled to and receive from the State the Sum of Two Pounds per Centum on the Value of all such of the afore- said Supplies as shall be by him and his Deputies re- ceived; which Sum shall be paid to the said Receivers respectively on Settlement of their Accounts with the General Assembly, or their Committee for that Pur- pose to be appointed. And whereas it may be inconvenient for many of the taxable Inhabitants of this State to deliver their Quota of Supplies required of them in Flour; 15. Be it therefore enacted by the Authority aforesaid, Taxabies may That it shall and may be lawful for the Receivers respec- iurnish Wheat i i ■ i in ueu of Flour, tively, and they are hereby impowered, to receive at con- venient Mills within the State One Hundred and Eighty Pounds of good Wheat in Lieu of One Hundred and Twelve Pounds of Flour, and so in Proportion for any greater or smaller Quantity; and the said Receiver is hereby impowered to have the same manufactured into Flour and stored and deposited at the Places by him procured for that Purpose by Virtue of this Act. One Half of the 16. And he it enacted by the Authority aforesaid, Iftst T&x of 1 360 »/ ' 000 Dollars remit- That One Half of the Tax ordered and directed to be raised and levied by an Act, intitled, "An Act for raising 0ns Million Three Hundred and Sixty Thousand Dollars, in the Delaware State, between the first Day of February and the first Day of October, in the Year One Thousand Seven Hundred and Eighty, and for other Purposes therein mentioned," passed at Wilmington, the twenty- fifth Day of December One Thousand Seven Hundred and Seventy-nine, shall be, and is hereby released and remitted to the taxabies, and shall not be collected or received by the Collectors; and if the Collectors shall already have received of any Person or Persons more than One Half of the Tax in the before mentioned Act directed to be raised, such Overplus shall be immedi- ately refunded. LAWS OF DELAWARE, 1780. 269 17. A-nd he it further enacted by the Authority afore- said, That the State-Treasurer, upon the Receipt of the The other Hair Half of the Tax aforesaid, shall pay over Two Thirds how to be dis^ thereof into the Continental Treasury, or to the Order of Congress, taking proper Eeceipts for the same, and the other One Third thereof shall be subject to the joint Draughts of the Speakers of both Houses of the General Assembly. 18. And he it enacted by the Authority aforesaid, That the Act, in titled, "An Act to prevent Forestalling and Engrossing, and for other Purposes therein mentioned," and also the Act, intitled, "An Act to prohibit the Ex- portation of Provisions from this State beyond the Seas, for a limited Time," passed, at Wimington, the twenty- fifth Day of December last, shall be, and are hereby repealed and made null and void. Signed hy Order of the House of Assemhl , SIMON KOLLOCK, Spealcer. Signed hy Order of the Council, JOHN CLOWES, Spealcer. Passed, at Lewes-Town, April 15. 1780. [p. 42] AN ACT for procuring an immediate Supply of Provisions within this State for the Army of the United States of America, and for other Pur- poses therein mentioned. WHEREAS by the Act of Assembly, intitled, "An "Act for firrnishing Supplies within this State for the "Army of the United States, for the ensuing Campaign," it is directed. That the one half Part of the Flour, Indian- Corn and Hay thereby required, be paid and delivered into the Hands of the Receivers in the respective Counties of this State on or before the tenth Day of August next, and the Remainder thereof on or before the Thirty-first Day of Decemher next: AND WHEREAS it appears by the Letters of the Commander in Chief of the Con- tinental Army and the Committee of Congress appointed to co-operate with the said Commander, that the Oper- ations intended to be carried on against the Enemy in the Course of this Campaign render it necessary that this State should furnish, Monthly, Five Hundred Bar- 270 REVOLUTIONARY LEGISLATION. rels of Flour, Seventy-one Thousand Six Hundred and Seventy-five Pounds of Beef, until the last Day of November next, and Five Thousand Pounds of Bacon, in three equal Parcels, Monthly, to the last of Sef- terriber next, and the Quantity of Six Thousand Eight Hundred and Fifty-seven Bushels of Grain: AND WHEREAS the utmost Exertions possible at this important Period are necessary to be made to procure the Supplies required for the Use of the Army; Be it enacted by the General Assembly of Delaware, and it is hereby enacted by the Authority of the same. That the Receivers of Supplies in the respective Coun- ties of this State are hereby directed and required to pro- ceed immediately without Delay in the Collection and Receipt of the Quantities of Supplies of Flour and In- dian-Corn by the Act of Assembly herein before recited is directed; and the said Receivers hereby are respec- tively authorized and impowered to purchase, Monthly, Seventy-one Thousand Six Hundred and Seventy-five Pounds of Beef, ready to be delivered on the said first Day of July next, and the same Quantity on the first Day of every succeeding Month until the Month of November next inclusive, and also Five Thousand Pounds of Bacon, or salted Pork in Proportion, ready to be delivered as aforesaid in three equal Parts until the last of September next, and also Six Thousand Eight Hundred and Fifty- seven Bushels of Corn, or other short Forage in propor- tion; for which the said Receivers respectively are hereby directed to give Receipts to the Sellers, bearing an In- terest of Six per Centum per Annum until the same shall be paid; which Receipts the Treasurers of the respective Counties are hereby directed to discharge, according to the Dates thereof, as the Public Tax hereafter granted shall come into their Hands, which are to be allowed by the State-Treasurer on Settlement with him. Provided, nevertheless. That if the Receivers cannot conveniently obtain the whole monthly Quantity of Five Hundred Barrels of Wheat Flour, they may and are hereby impowered to procure Four Hundred Hundred Weight of Indian-Flour instead of Two Hundred Bar- rels of Wheat-Flour. And whereas it is necessary for the Support of the Army of these States, and to forward the Operations aforesaid. That the said Quantities of Provisions be punc- tually raised, LAWS OF DELAWARE, 1'780. 271 Be it therefore enacted by the Authority aforesaid, That the said Receivers shall, severally, in the County in which they reside, be authorized and required in case the said Quantities of Flour, Indian-Corn, Beef, Bacon and Pork cannot be procured by Purchase as before directed, that then and in such Case the said Receivers, having Knowledge or Cause to apprehend that any Flour, Indian-Corn, Beef, Bacon, or Pork are withheld from Sale, may and are hereby required to apply to the next Justice of the Peace of such County, who, upon such Information being made, is authorized and required to issue his Warrant under his Hand and Seal, directed to some Constable of the Hundred and two Freeholders, who shall upon the Receipt thereof proceed with the said Receiver to the Place where such Flour, Grain, Beef, or fat Cattle, Pork or Bacon is supposed to be, and there to demand of the Owner or other Person having the Care thereof to permit such Officer, Receiver and Free- holders, to view the same, and on Neglect or Refusal so to do, it shall and may be lawful for the said Constable, Receiver and Freeholders, with such Assistance as may be necessary, to break open, in the Day Time, and en- ter into any Buildings or Place where such Articles may be suspected to be, and to seize and take the same into their Possession, leaving as much Flour and fat Cattle as may be necessary for the Support of the Family of the Owner thereof for twelve Months, and Bacon or salted Pork for six Months, next after such Seizure made; the Quantity necessary for such Family to be determined by the Party and the Receiver if they can agree, other- wise by the said Freeholders; and the Receivers are here- by directed to give a Receipt for the Quantity taken, to be paid and discharged in Manner aforesaid Pro- vided, That the Receivers do not presume to seize any of the Articles aforesaid until they have made Applica- tion to the President or Commander in Chief, and ob- tained from him in Writing his Opinion of the Necessity of the Measure, and Direction to proceed in that Man- ner; of which Necessity he alone is to judge: And the President and Commander in Chief may forbid the Receivers to proceed in seizing the Articles aforesaid whenever he thinks it necessary so to do. AND WHEREAS the Commander in Chief of the Continental Army and the Committee of Congress at Head-Quarters, by their Letters aforesaid, have re- 272 BEVOLUTIONABY LEGISLATIOlir. quested this State to furnish fifty Waggons, -with Har- ness compleat, with four Horses to each Waggon, also three Hundred draft Horses, for the Use of the Army, Be it enacted by the Authority aforesaid. That the said Receivers are hereby respectively impowered and di- rected to hire and employ the above Number of Waggons, Horses, and a Driver to each Team, to continue in Serv- ice three Months from the Time of such Hiring, unless sooner discharged by the Quarter-Master General of the Army, or some Person properly authorized for that Pur- pose; for which Service the said Receivers are directed to contract with the Owners of such Teams, to be paid in Silver or Gold, or Paper Currency at the Rate of Exchange when paid, with an Interest of Six fer Centum per Annum till paid: And the said Receivers are hereby also impowered and directed to purchase or hire Three Hundred Horses for the Purpose aforesaid, giving Re- ceipts for the same to the Sellers, to be paid in Silver or Gold, or Paper Currency at the Rate of Exchange when paid, with an Interest till paid at the Rate of Six per Centum per Annum, any Thing in any Law of this State to the Contrary notwithstanding; and the said Receivers are hereby impowered and directed, in case the said Teams and Horses cannot be procured by Hire and Pur- chase as aforesaid, to impress the same, if the President or Commander in Chief approve thereof, leaving a suffi- cient Number of Horses in the Possession of every Per- son for the Purpose of carrying on his or her necessary Business, the Number sufficient for that Purpose to be determined by the Party and Receiver; and if they can- not agree, by the two Freeholders as aforesiad; for which Teams and Horses so impressed and taken, the Receivers respectively are directed to give Receipts as aforesaid, which are to be paid and discharged in Manner aforesaid. And ie it jurtlier enacted by the Authority aforesaid. That the President or Commander in Chief is hereby re- quested and impowered, so often as he shall think neces- sary, by a special Authority imder his Hand and Seal, to impower the Receivers to take to their Assistance any sufficient Number of Persons to seize upon, impress and take, for the special Purpose aforesaid, any Number of Horses, 'Mares or Geldings, within their respective Counties, that shall or may be in keeping for racing, or at a Race Groimd for the Purpose of running, so as not to exceed the Number by this Act required. LAWS OP DELAWARE, ITSO. 273 And he it jurther enacted by the Authority aforesaid, That the President and Commander in Chief of the State hereby is impowered and required to call on the said Re- ceivers Monthly, or oftener, for Returns of the SuppUes received, and to transmit the same to Congress or the Conunittee thereof, and to issue his Orders to the said Receivers to impress Teams and Vessels necessary to transport the said Supplies to such Place or Places within the State as he may think necessary and convenient, and for the further Purpose of transporting the same to and for the Use of the Army; and the said Receivers are hereby directed to give Receipts to the Owners of the said Vessels and Teams, or the Commanders or Drivers thereof, for the Use of the Owners of the same, to be paid with Interest by the Treasurers of the respective Coimties of this State out of the PubUc Tax in their Hands, as herein before is directed in case of Receipts given for SuppHes purchased or taken as aforesaid. Aind he it enacted by the Authority aforesaid, That the Receivers aforesaid are respectively impowered and di- rected, upon any Purchase or Seizure made of any of the Articles of Provisions herein before enumerated, to give the Owners thereof Receipts for the Amount of the Articles such Owners are liable to deliver by Virtue of the Act of Assembly, intitled, "An Act for furnishing Supplies within this State for the Army of the United States for the ensuing Campaign," if the Article so pur- chased or seized according to their respective Prices, as- certained by the said Act, aniounts to the Value of such Tax; and if tlie same amounts to more, in that Case the said Receivers are likewise directed to give the Owners Receipts for the Ballance, to be paid with Interest as herein before directed. And he it enacted by the Authority aforesaid, That if any Constable or Freeholder shall refuse or neglect to do and perform the Duties by this Act enjoined him, every such Constable and Freeholder so refusing or neglecting, and being thereof convicted before any two Justices of the Peace for the County in which he resides, shall for- feit and pay the Sum of Fifty Pounds, to be recovered by Warrant under the Hands and Seals of the said Jus- tices, and paid into the Hands of the Treasurer of the County for the Use of the same; and if any Person or Persons shall forcibly oppose any of the said Receivers, 37639—18 ^18 274 EEVOLTJTIONAKY LEGISLATION. Constable and Freeholders, in the Execution of this Act, and shall be legally convicted thereof in any Court of Quarter-Sessions in any of the Counties of this State, he, she or they, so offending, shall forfeit and pay any Sum not exceeding One Thousand Pounds nor less than Fifty Pounds for every such Offence, One Third Part to the Informer, and the other Two Thirds to and for the Use of the State. And le it enacted by the Authority aforesaid. That all Vessels, Teams and Horses, hired or impressed under Authority of this Act, shall, before they enter into the Service, be appraised in Specie by two Freeholders, upon their Oaths, to be chosen, one by the Owner of such Vessels, Teams or Horses, and the other by the Receiver who impressed or hired the same, and if they cannot agree, they are to choose a third Person; and if the Owner refuse to make such Choice, then to be chosen by the Receiver only ; which Appraisement shall be lodged with the Auditor-General of Accounts; and if any such Teams or Horses shall be lost in the Service, the Ap- praised Value thereof shall be paid to the Owners thereof by this State, and charged to the United States. Signed hy Order of the House of Assembly, SIMON KOLLOCK, Speaker. Signed hy Order of the Council, JOHN CLOWES, Speaker. Passed at Dover, June 21, 1780. PASSED AT SESSION HELD OCTOBER 20, 1779-JTJNE 8, 1780. [p. 49.] An ACT to prohibit the Exportation of Provisions from, this State beyond *'*"■ the Seas for a limited Time. Preamble. WHEREAS it is expedient, when a Scarcity of Pro- visions is likely to prevail, for the Legislature to take early and effectual Steps to preserve within their State such Quantity of Provisions as may be adequate to the Necessities of the Inhabitants within the same, and those of the Neighbouring States. AND WHEREAS the Law made by the late General Assembly of Delaware for the Purpose aforesaid is expired, and it stiU appears necessary to prohibit such Exportation from this State; ProTOtons^*'°ro- ^" -^^ '^* therefore enacted by the General Assembly of hibited&c. Delaware, and it is hereby enacted by the Authority of the same. That, from and after the Twentieth Day of LAWS OF DELAWAEE, 1780. 275 June, instant, it shall not be lawful for any Inhabitant or Inhabitants of this State, or any Person or Persons coming within the same, to export, or cause to be ex- ported, or otherwise remove therefrom to any Port or Place without the State, any Wheat, Flour, Bread, Beef, Pork,. Bacon or live Stock, until the present Requisition of Congress be compUed with; neither shall any Rye, Indian-Corn or Rice, be exported as aforesaid, except to the States of Maryland, Pennsylvania and Jersey, before the Twentieth Day of October next, ensuing, unless this Act be suspended or revoked as herein after is directed. Provided, That this Embargo shall not be construed to prevent the taking on board such Provisions as shall be necessary for the Stores only of any Ships or Vessels of War, or others, trading to and from this State. 2. And ie it enacted by the Authority aforesaid. That if any Inhabitant or Inhabitants of this State, or any Per- son or Persons coming within the same, shall before the said Twentieth Day of October next, ensuing, presume . to lade or cause to be laden on board any Ship or Vessel, or remove any Wheat, Flour, Rye, Indian-Corn, Rice, Bread, Beef, Pork, Bacon, live Stock, or other Provi- sions, from the same, with Intent to export or remove any such Articles to any Port or Place without the State, (except as before excepted) he, or they, for every such Offence, shall forfeit the Articles of Provisions so at- P®°»"^y- tempted to be exported, together with the Ship or Vessel wherein the same shall be so laden, her Tackle, Appa- rel and Furniture, the one Moiety or half Part thereof to the Person who shall sue for the same, and the other Moiety to and for the Use of the State, to be recovered on Condemnation in the Court of Admiralty for this State. 3. And he it enacted by the Authority aforesaid, That^^'^y^^'^p/^;: it shall and may be lawful for the President, with thej^^f/.^j'^y,,'/'* Advice of the Privy-Council, by Proclamation, under his Hand and the Great-Seal of the State, at any Time during the Continuance of this Act, to suspend the Ope- ration thereof, either in Part or in the Whole, or re- voke the same, as to them may seem expedient. Signed by Order of the House of Assembly; SIMON KOLLOCK, Spealcer. Signed by Order of the Council, JOHN CLOWES, Spealcer. Passed at Dover, June, 1780. 276 KEVOLUTIONAEY LEGISLATION. ACTS OF GEORGIA IPrinted from "The Colonial Records of the State of Georgia," Vol. XIX, Part 11, compiled and published under authority of the Legislature by Allen D. Candler, A. M. LL. D. (Chas. P. Byrd, State Printer) 1911.1 [p. 72.] (State Archives) AN ACT To regulate and extend the Trade and Commerce of this State and to estab- ish an Insurar^e Office/or the encouragement thereof and also to restrain the Selling of Merchandize by Public Auction within the Same. WHEREAS the Trade and Commerce of this State is at present very unsettled and many persons taking advantage of the small importations of Merchandize have monopolized and raised the prices thereof to so exorbitant a rate that even the necessaries of life cannot be obtained without great difficulty AND WHEREAS nothiiig will tend more to discourage such monopolies and to promote Trade than the establishing an Insurance Office on account of this State for the benefit of the inhabitants thereof and them only BE IT THERE- FORE ENACTED by the Representatives of the Free- men of the State of Georgia in Assembly met and by the Authority of the same that from and immediately after passing of this Act an Insurance Office shall be opened and established on account of this State for the benefit of the Inhabitants thereof only and shall be known and called by the name of the State of Georgia Insurance Office and that the following Persons shall be Directors of the same (to wit) Joseph Clay, James Habersham, Richard Wylly, Edward Davies, WilUam Belcher, and Peter Bard and they are hereby appointed Authorised and directed to open and estabfish the said office for the purpose of Insuring the Vessels and Cargoes belonging to the Inhabitants of this State and no other and to agree on such rules and regulations as may be necessary for regulating the same and carrying it into effect according to the True intent and meaning of this Act and the usual custom of merchants and the Laws relative thereto. AND BE IT ENACTED by the Authority aforesaid that the said Directors be and they are hereby empow- ered Authorized and directed to assure the property of the Inhabitants of this State who choose to become Adventures at Sea as aforesaid to the Amount of Thirty LAWS OF GEORGIA, niT. 277 thousand Pounds Lawfull money of the same provided nevertheless that the said Directors do not assure the property of any person or persons other than the In- habitants of this State as aforesaid and who shall have resided therein at least Twelve months last past or that the said Directors do not assure any sum exceeding One thousand five hundred pounds on any one Vessel and Cargoe (both inclusive) except the said Vessel be bound on a Voyage to any part of Europe then and in such case the said Directors are impowered authorized and directed to assure any sum not exceeding Three Thousand Pounds on such Vessel and Cargo And in case the Ves- sels and Cargoes so assured as aforesaid shall be lost taken by the Enemy or sustain any damage which shall make this State Hable to make good the same that then and in such case the Directors appointed as aforesaid shall have full power and they are hereby authorized and empowered after the said losses are properly liqui- dated agreeable to the terms of the Policy by which it was Assured to draw for the amount of such loss or losses on the Treasurers of this State who are hereby empow- ered authorized and directed to pay all such sums aa shall be drawn for on them by the said Directors pro- vided the several sums so drawn for by them doth not exceed the sum of Thirty Thousand pounds as aforesaid. AND BE IT ENACTED by the Authority aforesaid that the said Directors shall not Assure the property of any Person or Persons aforesaid untU he she or they do enter into Bond with a penalty thereto annexed that the proceeds of so much of the Cargo as is required to be Insm-ed outwards shall be invested in equal property to be returned to this State the dangers of the Seas Captures or Accidents obliging the Vessel having such Property on Board to make any other Port in the united States ex- cepted and such deviation being satisfactorily proved to the aforesaid Directors, And for the more effectual carry- ing the several matters relative to assuring the Property of the Inhabitants of this State into execution. BE IT ALSO ENACTED by the Authority aforesaid that the Directors herein before mentioned be impowered and they are hereby impowered Authorized and Directed to take such premiums for assuring as aforesaid as they shall think Proportionate to the risque the State shall bear in assuring the same to alter from time to time as they shall judge expedient and to do aU other matters they may find necessary in the said Business. 278 REVOLUTIONARY LEGISLATION. AND WHEREAS it will be absolutely necessary for the better carrying on the business of assuring as afore- said that the Directors be allowed proper Persons to exe- cute the same BE IT FURTHER ENACTED by the Authority aforesaid that the said Directors be empowered and they are hereby empowered to hire one or more Clerk or Clerks as they may find necessary to execute the said business on the most reasonable terms they can and to draw on the Treasurers of this State for their several Salaries as they may become due And the said Treasurers are hereby impowered and directed to pay such sum of sums as may be drawn on them by the said Directors for the purposes aforesaid Provided as aforesaid that the several sums drawn on them by the said Directors do not exceed the sum of Thirty Thousand Pounds as aforesaid. AND BE IT ALSO ENACTED by the authority afore- said that if any person or persons who shall obtain assur- ance as aforesaid be guilty of any fraud or deception in the Vessel or Cargo either in loading the same or by wil- fully going into the way of the Enemy or in any other deviation whatsoever and shall be convicted thereof in any Court of Justice within this State the said Ofifender or Offenders shall suffer death and forfeit a sum not exceeding double the Value of the property so assm-ed to make good the loss or losses sustained by such fraud or deviation. And for the better and more effectually preventing frauds and impositions on this State in making Insur- ances BE IT FURTHER ENACTED by the Authority aforesaid That the Directors appointed in and by this Act to open and establish the State of Georgia Insurance Office shall be empowered and they are hereby empow- ered and directed to Oblige every person or persons who shall offer a Pohcy to them or any of them for Assurance to take the following oath before he she or they shall be intituled to the Advantage of this Act or have his her or their property Assured in said Office (to wit) do solemnly swear on the Holy Evangelist of Almighty God that the property now offered by for Assurance is bona fide own and that no other Person or Per- sons is concerned therein directly or indirectly so help God, And in case any person or persons who after assuring theu- property as aforesaid shall sell or assign or in any other manner dispose of his her or their Property so Assured otherwise than to an Inhabitant of this State LAWS OF GEORGIA, 1177. 279 as declared by this Act the Person or Persons so disposing of his her or their property shall forfeit all claim or right under his her or their policy or policies so made as afore- said and it shall be deemed a deviation and fraud to all intents and purposes any thing herein contained to the contrary notwithstanding. AND BE IT ALSO FURTHER ENACTED by the Authority aforesaid on application for payment of aU losses claimed under any Policy or Policies the claimants shall before they be intituled to receive the same make oath that they are an Inhabitant of this State agreeable to this Law and that they have not assigned or sold any part of their right Title or interest in the said pohcy or Policies to any non Resident. AND WHEREAS it will be of great advantage at this time to encourage the importation of the several article of Merchandize wanted by the Inhabitants of this State Provided the same are not Imported from places at War with the united States BE IT FURTHER EN- ACTED by the Authority aforesaid that from and after the Passing of this Act it may and shall be LawfuQ for any person or. persons Inhabitants of this State or any of the Inhabitants of the United States or of the Islands of Bermuda or New Providence or of any Kingdom or Country whatsoever in Amity with the united States to bring in or Import into this State any Goods Wares or Merchandize of what kind soever without molestation or hindrance any Law or usage to the contrary notwith- standing. AND WHEREAS the practice of selling Goods Wares and Merchandize by public Vendue as tending to raise the price of almost every necessary article and to depre- ciate the current money of the Continent and of this State within the same is found a great grievance to the good People thereof BE IT FURTHER ENACTED by the Authority aforesaid That from and after the passing of this Act no public Vendue or Auction of Goods Wares or Merchandizes shall be held any where within this State by any Person or Persons whatsoever. AND BE IT FURTHER ENACTED that if any per- son or Persons shall contrary to the directions of this Act expose to Sale and sell or cause others to expose and sell by public Vendue or outcry any Goods Wares or Merchandizes (except as herein after excepted) he she or they so offending shall forfeit and pay for every such 280 REVOLUTTONAKY LEGISLATIOlf. Offence a sum of money equal to the Value of the Goods sold or exposed to Sale To be recovered by Action of Debt biU, plaint or information by any person or persons who will sue for the same One half thereof for the use of the person so suing and the other half thereof to be paid to the State Treasurers for the iise of the State PRO- VIDED NEVERTHELESS that this Act nor any Clause matter or thing herein contained shall extend to any Sheriff Coroner or Constable who shall expose to sale or sell any Lands Tenements Goods Wares or Merchandizes taken in execution or Goods Wares or Merchandizes that are condemned in the Court of Admiralty of this State or Executors or Administrators exposing to Sale any lands Tenements Goods or Chattels or any person or Persons exposing to Sale and selling any Lands Tene- ments Slaves Live stock or Household Furniture any- thing herein before mentioned to the contrary not- withstanding. AND BE IT FURTHER ENACTED, that this Act and every Clause matter and thing herein contained shall be and continue in full force untiU the first day of January One Thousand seven Hundred and Seventy Eight and from thence to the end of the then next Session of Assembly and no Longer. By order of the House NW Jones Speaker September 16'") 1777. [P. 80.] (State Archives.) AN ACT For the better Security of this State by obliging and make.^ liable Negro Slaves to work on the several Ports Batteries or other public Works within the same. WHEREAS, it is necessary for the Security & defence of this State, that the Negro Slaves within the same, be- longing to the residents or non-residents thereof be obliged and made hable to work on the several Forts and Batteries or other pubhc Works within the said State; BE IT THEREFORE ENACTED by the Rep- resentatives of the Freemen of the State of Georgia in General Assembly met & by Authority of the same, that from & immediately after passing this Act, that all LAWS OF GEOEGIA, 1'7'77. 281 Owners, managers, or employers of Male Slaves from the Age of sixteen to sixty Years, within the several Coun- ties within this State shall within twenty days make and deliver to the Commissioners herein after appointed for the purpose of carrying this Act into execution a List of all such Slave or Slaves upon Oath, and the said Com- missioners are hereby fuUy authorized & empowered, to draft and order any Number not exceeding one tenth part of all and every such Slave or Slaves, belonging to any Resident in this State, and one fifth part of all & every such Slave or Slaves belonging to any Non-resident of this State, the Sequestered Estate included (except such persons, who are absent on the pubhc Business of this State, or with leave of the same) and the said Negro Slaves so draughted or assessed, are hereby declared, liable to work on the said Forts Batteries, or other pubhc works in this State for the Space of twenty one days, and then to be relieved by an equal Number of other Slaves to be drafted in manner aforesaid. AND BE IT FURTHER ENACTED, that the Owner or Owners of such Slave or Slaves shall be and are hereby intitled to have and receive the Sum of three Shilhngs Per day, for every such Slave, or Slaves, so taken & drafted as aforesaid, and the said Commis- sioners are hereby directed to give such Owner or Owners a Certificate of such Slave or Slaves having been drafted and working in the pubUc Service for the said term of twenty one Days, and the Treasurers of this State are hereby directed and authorized to pay all & every such Owner, Manager or Employer, such Sum or Sums of Money as they may be entitled to receive by such Certifi- cates. AND BE IT FURTHER ENACTED by the Author- ity aforesaid, that all Negroes who have been usually hired out in the Town of Savannah as Labourers shall be drafted in manner following, and the Commissioners herein after appointed are empowered & directed to draft & order out any Number of said Slaves employed as Labourers in the said Town of Savannah as aforesaid, not exceeding half of the said Slaves to be proportioned agreeable to the Lists delivered in as aforesaid; And the said Negro Slaves Labourers as aforesaid are hereby declared Hable to work on the several Forts, Batteries, or other public works within the County of Chatham for the Space of twenty one Days as aforesaid, & then to be relieved in manner before directed. 282 EEVOLUTIONAKY LEGISLATION. And for the more effectual enforcing the several mat- ters as aforesaid, BE IT ALSO ENACTED, that in Case any Person or Persons, Managers or Owners of any- Slave or Slaves liable to work on the Forts & Public Works within this State as before directed shall neglect or refuse to send in Lists of their several Slaves, when thereunto required, or shall after such Lists are delivered in neglect or refuse to send their Slaves to work on the Forts or public Works when drafted for that purpose, shall for- feit for the use of this State for either and every such Offence the Sum of Ten Pounds cur- rent Money of this State to be recovered according to law & the Constitution thereof And to the end that individuals may not be Sufferers by their Slaves being exposed to work at places of dan- ger, BE IT ENACTED by the Authority aforesaid, that every Slave or Slaves so drafted as aforesaid shall before they be sent on any Forts, Batteries or other pubUc Works be appraised on Oath by four Freeholders indif- ferently chosen by the Owners of the said Slaves and the Commissioners hereinafter appointed, of the County or District where such Slave or Slaves shall belong. And in Case any Slave or Slaves so employed as aforesaid shall' be taken killed maimed or wounded, while he may be employed on such pubUc Works as aforesaid, the Owner or Owners of such Slave or Slaves shall be paid the full value of such Slave or Slaves so taken or kiUed, agreeable to the said Appraisement, or if maimed or wounded then a proportionable recompence shall be allowed them ac- cording to the Injury of such Slave or Slaves so maimed or wounded as aforesaid shaU have sustained to be ascertained by any four Freeholders on Oath as before directed — And the Commissioners herein appointed to carry this Act into Execution are authorized, empowered & directed to draw on the Treasurer of this State for the Payment of all such Slave or Slaves so taken killed maimed or wounded as aforesaid, agreeable to the said Appraisements, and the said Treasurers are hereby empowered authorized & directed to pay the same. AND WHEREAS there are many Inhabitants of this State, that are not possessed of ten Male Slaves as afore- said; BE IT ENACTED by the Authority aforesaid that the Commissioners herein after appointed be empowered, & they are hereby empowered authorized & directed to obUge all such Inhabitants to send their Slaves to work on the public Works, agreeable to the true intent and LAWS OF GEORGIA, 1111. 283 meaning of this Act & in proportion to their Numbers on the Principles of Equity & Justice, both as to time & Numbers, to be reckoned in proportion with other Inhabit- ants of this State, who have ten or more Slaves liable to work on the Public Works, & Forts within this State. And for the more effectually carrying this Act into Execution, BE IT FURTHER ENACTED by the Authority aforesaid, that the following Persons be, & they are hereby appointed authorized empowered to carry the aforesaid Act into Execution according to the true intent & meaning thereof, VIZ, John M°Luer, Am- brose Wright, George Basil Spencer, Charles Francis Chevalier, John Green, & Edw* Davies Esq^ for the County of Chatham ; Andrew Elton Wells, Philip Howell, Christopher Hudson, Abraham Ravot, Lemuel Lanier Esq"? for the County of Efl&ngham; Francis Pugh, James Pugh, Daniel McNeal, Dan' M^Murphy, for the County of Burke — William Barnett, W" Glasscock, George Dickie, William Wilkins, Humphry Wells, W"? Jackson & John Prat for the County of Richmond. — John Stevens, Thomas Quarterman, Hepworth Carter, Daniel Sullivan Moses Way & David Anderson for the County of Liberty — Absalom Bedell, Benj? Catchings & Rob* Day, for the County of Wilkes — And for the better carrying on the 'several public Forts, Batteries, & other pubUc Works, within this County, it will be necessary to have proper persons to superintend the said Works & keep the Slaves, so drafted as aforesaid employed, & aU other matters necessary in the said Business; BE IT THEREFORE ENACTED, that the Commissioners herein before appointed be empowered, and they are hereby empowered, authorized & directed to employ, at the pubhc Expence on the most reasonable terms they can proper Persons to superintend the said Business & to keep regular Accounts of all matters relative to the same, and to draw on the Treas- urers of this State, for such Sums as may be wanted therein. — AND BE IT FURTHER ENACTED, That this Act shall continue & be in force until the first day of February, One thousand Seven hundred & seventy eight & no longer. By order of the House, NW JONES Speaker Septemr W 1777 284 REVOLUTIONAEY LEGISLATIOlf. ^ [p. 103, 116 et seq.] An Act for the better ordering and regulating the Militia of this State. •P 3p 3j€ 5jC JjC AND BE IT FURTHER ENACTED by the authority aforesaid, that in case of an Alarm, insurrection or inva- sion, all Field Officers, or Captains are hereby directed to make application to the nearest Magistrate where any Militia, on duty may be stationed, and make known to the said Magistrate, if need be, the necessity, of impressing provisions and other necessary Articles for the use of such Militia, or others encamped, or Marching to oppose the Enemy as aforesaid, and upon such Case being known, and the necessity appearing, the said Magistrate is hereby required, to issue a Warrant under his hand & seal, directed to any Constable of the County or Parish, Officer or Private of such Battalion, Troop or Company requiring them or either of them, to impress any provisions, Horses, Waggons Carriages, Boats or Vessels, with their Furnature and appurtenances, and whatever other things they shall want, or need of, and as are expressed in the warrant for that purpose, to and for the use of this State; And the said provisions or other things so impressed as aforesaid, by those empowered so to do, shall be brought to, and appraised and valued on Oath by three or more indifferent persons, beeing Freeholders and competent to judge of the things so impressed, and that when the same shall be so valued and appraised, the said officer shall give a receipt to the Owner thereof, and that he do cause the said valuation and appraisement, to be entered in a Book, for that purpose, and that the said appraisers, shall appraise & ascertain any loss or damage that may happen or befall to the said Effects, so impressed for the service aforesaid, or allow a competent hire for the same when returned to the said owners, as the case shall require, and the same to the given under the hands of the appraisers, certified by such commanding officer, to the Owner or Owners, directed to the Governor & Council who if they approve of the same, shall draw on the Treasurer for the Amount of such certificate, who are hereby ordered to pay the same, and also that such Commanding Officer of such Battalion or Company after such alarm shall be over, and before his men be discharged, shall order as many persons, under his command as may be necessary, to LAWS OF GEOEGIA, 1178. 285 return such Horses, Boats, or other effects they shall have impressed, to the respective owners they giving receipt upon the dehvery of the same, and the persons returning the Effects herein before mentioned shall be allowed a reasonable sum of Money for their trouble, upon pro- ducing a Certificate of such Service being performed, by the Commanding Officer, and of which the said officer shall judge, and draw on the Treasurers of this State, for and who are directed to pay the same sum of Money so allowed as aforesaid. AND BE IT FUETHER ENACTED by the authority aforesaid, that the Commanding Officer, or Captain of each Company do lodge and secure in some convenient place, for the public use all provision and ammunition impressed, by virtue of any Warrant for that purpose, and that shall remain unexpended after an Alarm, and that he transmit the same to the public Commissary within twenty days after such alarm is over, and the Commissary is hereby required to lay such accounts before the Governor or Commander in Chief for the time being, who is hereby authorised and empowered, by and with the advice and consent of the Executive Coun- cil, to order such remaining stores to be sold, and the Monies arising therefrom to be paid into the pubhc Treasury, to be disposed of, as the General Assembly shall direct, AND WHEREAS in time of invasion, if the Militia of the whole State, were to be assembled, great danger might arise from Insurrections, or other wicked Attempts of Slaves, for the prevention thereof BE IT ENACTED by the authority aforesaid, that when it shall be foimd necessary, to march the several Battalions, Troops or Companies, or any of them, out of their proper divisions or Counties one third part at least of every Company in this State, shall stay and re- main where they belong, and be formed into patrols under the command of such officers, as the Commissioned Officers of the Company shall appoint, and under whose command, they shaU respectively continue, untill the rest of the Company shall return to their habitations, and be discharged from bearing arms, and the Patrols so formed shall be obMged to be on constant duty, and to ride patrole and guard the plantations, and keep the Slaves, in good order, and place proper Guards, Centinels and Watches, at proper places, to give notice of danger, and to take up all white Persons who cannot give a 286 EEVOLUTIONABY LEGISLATION. satisfactory account of themselves and carry them before a Justice- of the Peace to be dealt with a»s is directed by the Vagrant Act, and the said Patrol hereby established, have fuU power and authority, to take up try and pun- ish, all disorderly and mischievous Slaves by ordering such Slave or Slaves, a number of lashes not exceeding thirty nine and in case any person or persons whatso- ever, who shall stay & remain as aforesaid shaU neglect or refuse to ride patrol or to watch, stand Centinel or keep Guard, or do any other duty hereby enjoined, or shall refuse to obey the lawful Commands of any person who shall be appointed to command such Patrol, every person so offending shall forfeit and pay a sum not ex- ceeding Ten pounds sterling. AND BE IT FURTHEK ENACTED by the authority aforesaid, that when any Company, shall receive Orders to march out of their Coimty or division, the Captain or other Commanding Officer, present, shall cause the names of all the persons who are entered & enrolled in such Company to be wrote down on small pieces of paper, to be folded up and put into a Hat, shaken to- gether, and the Clerk or Sergeant of the said Company shall draw out of the hat, the names of so many persons as wiU exceed two thirds of the said Company; and the persons whose names shall be drawn, shall march accord- ing to such orders as may be given for that purpose, by their Superior Officer, PROVIDED that after they are drafted, they shall continue in rotation untill the whole Company has done duty, and the rest of the Company so remaining in their several Counties or divisions, are directed and required to do the patrol duty as directed by this Act; PROVIDED always, that if any person whose name shaU be drawn as aforesaid, and be thereby obUged to march, can procure an able man, to be ap- proved by the majority of the Officers of the Company, to which such Persons belong, compleatly armed and Furnished, as this Act directs, every such person shall be permitted and have liberty to do so, and upon send- ing out such able man in his stead, shall be excused from marching in person PROVIDED also, that the person who procures and sends another, in his room, shall not withstanding be obliged to do patrol duty, as formed by this Act, and shall be subject to all the penalties and forfeitures by this Act inflicted, on such as shall be guilty of disobedience, or neglect or refuse to ride in such patrol. LAWS OF GEOKGIA, WTS. 287 AND BE IT FURTHEE ENACTED by the Author- ity aforesaid, that if amy officer of Militia, or any other Person whatsoever who by this Act, shall be obliged to bear arms, shall knowingly or wilfulfuUy, in time of Rebel- lion, insurrection or invasion, offend in anything against this Act, or shall neglect or refuse to do, execute or per- form, any Act, matter or thing, which by this Act is required, directed prescribed or enjoined by him or them to be done, executed or performed, for which no par- ticular penalty, is hereby inflicted, that every Person so offending neglecting or refusing, as aforesaid, shall incur, forfeit and pay the several mulcts penalties and forfeitures, following, that is to say, if such Person so offending, re- fusing or neglecting as aforesaid, shall be a commissioned officer of the Militia, above the degree of a Captain, the several persons hereby impowered to hear & determine offences committed against this Act, shall and may and they are hereby authorized & empowered to inffict on such person a pecuniary mulct or fine not exceeding the sum of one hundred and Fifty pounds, and in case the person of- fending, shall be a Captain, or any inferior commissioned officer under the degree of a Captain in the Militia, a pecu- niary mulct or fine shall be inflicted as aforesaid, not exceeding the sum of one hundred pounds, and if any non-commissioned officer of the respective troops or Companies, or any private person that is obliged to bear arms as aforesaid, shall offend in anything against this Act, for which no particular penalty is infficted, there shall be infficted as aforesaid a Mulct or Fine not exceed- ing the sum of Fifty pounds, according to the nature of the offence but if any person so offending shall have no goods to be levied on, and shall neglect or refuse to pay the mulct, or fine which shall be inflicted as aforesaid, for the space of ten days, he shall be committed, to the next common Goal, or other place of confinement, and there to remain for a space of time not exceeding one month. AND BE IT FURTHER ENACTED by the author- ity aforesaid, that all offences against this Act, shall be examined heard and tried, adjudged and determined, in manner following, that is to say aU offences committed by any Field Officer shall be heard, tried and determined, by the Governor of this State, for the time being, and a Majority of the Council, and aU offences committed by any Captain or inferior commissioned Officer shall be heard tried and determined by a Court Martial to consist 288 EEVOLUTIONAEY LEGISLATION. of not less than seven Commissioned officers of the Bat- tallion, to which such Captain or inferior Officer shall belong; and all offences committed by any non commis- sioned officer, or private person, who by this Act is obliged to bear Arms, shall be heard, tried & determined before the Majority of the commissioned Officers of the troop or Company, to which such person shall belong, at such time or times place or places as the said Officers shall think fit, to assemble and meet together and the said Commissioned Officers of the said troop or Company or a Majority of them, shall proceed against such offender or offenders so summoned in the most expeditious and summary way without observing formalities of law, only examining into the truth of the Case, by the examination of witnesses upon oath and such other Evidence as can speedily be had, and upon conviction of any offender the said Governor & Coimcil or field Officers, or Commis- sioned Officers respectively, are fully authorized and empowered to levy the mulcts and penalties infficted by warrant of distress and Sale of the offender's goods, returning the overplus if any there be, but in case the offenders shall refuse to produce Goods, then by warrant to commit the offenders to the next Common Goal, or other place of Confinement, and in case it shaU so happen, that if any Person or Persons, against whose Body such Warrant shall be granted as aforesaid, shall be refractory and refuse to give obedience thereunto, the Marshals or Sergeants aforesaid or other person or persons, to whom such Warrant shall be directed, are hereby impowered and required to demand all necessary assistance to com- pel such offender to the common Goal or other place of Confinement and all the Charges and expence which shall attend the execution of the Warrant of Commitment aforesaid, shall be taxed and ascertained by any Justice of the Peace in this State, who is hereby required to do the same, without Fee or Keward, and such taxation shall be delivered to the keeper of the said Goal, together with the said Warrant, and such offender shall remain in prison for the space of one Month, until the said tine or Mulct, and the charges and expences so taxed, shall be fully paid and satisfied. AND BE IT FURTHER ENACTED By the Author- ity aforesaid, that all fines and penalties whatsoever except as hereafter excepted shall be appUed in pro- viding Drums Colours arms and other accoutrements for the use of the Battalion Troop or Company to which such Officer or private so fined respectively belongs. LAWS OF GEORGIA, 1'778. 289 AND BE IT FURTHER ENACTED by the author- ity aforesaid, that one half of all Fines incurred for non appearance at private and General Musters be given to the Sergeants of the respective Companies for their trouble in collecting the Fines which may be inciured under and by virtue of this Act. AND BE IT FURTHER ENACTED by the author- ity aforesaid, that the Militia Of this State when ordered out on scouting shaU be entitled to the following pay for such time as they may be actual service viz*. Officers and privates the sum of one shilling and three pence per diem, for pay, and two shUhngs and three psnce in lieu of rations, and proper pay Rolls shall be produced of the names of the Persons doing such duty, the date of their entrance and discharge and by whose orders the same was done, which shall be certified by the Commanding Officer of the department, and attested by the Officer com- manding the Scout. AND BE IT FURTHER ENACTED, by the Author- ity aforesaid, that nothing in this Act, shall extend to obhge the following Persons from doing common Militia duty — Viz* the Members of the House of Assembly, Chief Justice, Attorney General, School Masters, Ministers of the Gospel, Collectors of the Customs, Printer, Auditor general, except in cases of Alarm and that the Persona herein after named, be exempt from all Militia duty, to-wit — the Governor and Executive Council, Physicians, Surgeons, Pilots, Ferrymen, Sheriffs, Treasurers, Luna- ticks, Idiots and Madmen. AND BE IT FURTHER ENACTED by the author- ity aforesaid, that in order that neither officer or men may plead Ignorance, it is further directed, that the Commanding Officer of each company shall cause this Act, to be read at the head of his Company at least three times in every Year & in case of neglect he shall be fined in a sum not exceeding twenty pounds. AND BE IT FURTHER ENACTED by the author- ity aforesaid, that this Act shall continue and be of force, for and during the term of three years, and from thence to the end of the next session of Assembly, unless the same be altered, revised and amended by this or some future House of Assembly. By order of the House N W Jones Speaker. November 15th: 1778 37639—18 19 290 BEVOLUTIONAEY LEGISLATION. ACTS OF MAEYLAND. [Printed from ''Laws of Maryland, made and passed at a Session of Assembly," etc., printed by Frederick Green, Annapolis.] SESSION BEGINNrNG FEBRUARY 5, 1777. CHAP. XIV. An ACT for quartering Soldiers. Preamble. WHEREAS it is established by the Declaration of Rights, that no Soldier ought to be quartered in any House in Time of Peace, without the Consent of the Owner, and in Time of War in such Manner only as the Legislature shall direct; and whereas it is necessary, during the present War with Great-Britain, to provide proper and convenient Quarters in several Parts of this State, for the Troops of this and the United States, or any of tbem: poSiTmsMsTo II- Be it enacted, hy the General Assemlly of Maryland, |uarter Troops, That it shall and may be lawful for such Person or Persons, as the Governor of this State for the Time being shall appoint, to provide Quarters in any City, Town,, or Place (on convenient Notice, by the commanding Officer of any Regiment, Detachment, Troop, or Company, lq the Service of the United States, or any of them, of the Number and the Time such Officer shall require to be quartered in such City, Town, or Place) to hire fit and convenient Houses for the Reception of such Forces and their Baggage, and sick and wounded; and if sufficient Houses cannot be procured on Hire at a reason- able Price, it shall be lawful for such Person or Persons, appointed as aforesaid, to enter and quarter the Residue of the Officers, Soldiers, or Troopers, in any empty or unoccupied House or Houses, in such City, Town, or Place; and if sufficient Quarters cannot thus be obtained, it shall be lawful for such Person or Persons, appointed as aforesaid, to quarter and billet the remaining Officers, Soldiers, or Troopers, in the Taverns or public Houses in such City, Town, or Place, in Proportion to their Number, and their Ability and Convenience; and in case further Quarters shall still be wanting, it shall be lawful for such Person or Persons, appointed as aforesaid, to enter, quarter, and billet, the remaining Officers, Soldiers, or Troopers, in the House or Houses of any Person or Per- sons, in such City, Town, or Place, who shall not have subscribed the Association at the Time of such biUetting, or who shall hereafter be adjudged Enemies or disaffected LAWS OF MARYLAND, IV??. 291 Persons by any legal Authority of this State, in Proportion to their Number, AbiUty, and Convenience; and if any Officers, Soldiers, or Troopers, should still remain unpro- vided for, it shall and may be lawful for such Person or Persons, appointed as aforesaid, to enter, quarter, and billet, such Officers, Soldiers, and Troopers, in the Houses of the other Inhabitants of such City, Town, or Place, in Proportion to their Number, Ability, and Convenience. III. And he it eimcted, That if any House shall be hired ^'^f^^o^- as aforesaid, the Person or Persons appointed as afore- ^'^^°'^''"^^'*''- said, shall give a Certificate for the Rent to the Owner and his Assigns; and where any empty or unoccupied House shall be taken as aforesaid, a Certificate shall also be given to the Owner and his Assigns for the Sum due for the same, either to be ascertained by Agreement, or by the Valuation of some disinterested Person on Oath, and the said Certificates shall be paid by either of the Treasurers of this State, and if such Expence shall be incurred for Troops belonging to any other State, or to the United States, the same shall be charged to such State, or the United States, as the Case may be. IV. And he it enacted, That if the Governor shall not ^"y Tustioe appoint any Person in any City, Town or Place, as afore- Quarters, &c. said, or such Person shall refuse or neglect to comply with the Directions of this Act, it shall and may be lawful for any Justice of the Peace in or near thereto, if required by any Officer as aforesaid, to provide Quarters for his Troops in the same Manner as above is directed. V. And, To prevent as far as possible any Damage to any House and Premises rented or taken as aforesaid, VI. Be it enacted, That it shall be lawful for any ^^And^nq^i^re in- justice of the Peace, if required by the Owner thereof , ™tj'|dig^Houses to enter into such House, and if on Examination he shall find any Injury committed, he shall cause strict Enquiry to be made after the Person who committed the same, and shall direct the Damage to be valued by some dis- interested Person on Oath, and if done by any non- commissioned Officer or Soldier, he shall give Notice of the Damage done, and (if discovered) the Name of the Offender to the commanding Officer in such City, Town or Place, and if done by or with the Permission or Connivance of any commissioned Officer, he shall give Notice thereof to the Commander in Chief, and to the Ofiicer commanding in such City, Town or Place. 292 BEVOLTJTIONAEY LEGISLATION. fatnStsoi- VII. And he it enacted, That where any Officer, Sol- Sonl, Ac!" '*■ ^iier or Trooper, shall be quartered and billeted in any Tavern or private House agreeable to this Act, and shall not be furnished with the Ration or Rations allowed to such Officer or Soldier, the Owner shall furnish such Officer or Soldier with the Ration or Rations, and the Articles therein expressed, or such of them as he can procure, or with other good and substantial Victuals in Lieu thereof, and he shall be allowed therefor at the Rate of ten Shillings common Money per Week for each non-commissioned Officer and Soldier, and at, the Rate of twenty-two Shilhngs and six-pence common Money per Week for each commissioned Officer, and shall be paid by the Officer commanding the Regiment, Detach- ment, Troop or Company, and in Case such Officer shall not have Money to satisfy such Demand, he shall give a Certificate to such Person and his Assigns, expressing the Sum due, which Certificate shall be paid by either of the Treasurers of this State; and if such Expence shall be incurred for the Troops of any other State, or of the United States, the same shall be charged to such State, or the United States, as the Case may be. biiTeS^thtiidr VIII. And he it enacted, That where any Troop or Horsesifpossibie. Company of Light-Horse shall be quartered and bUleted in Pursuance of this Act, each Trooper and his Horse shall be billeted in the same House if possible, nor shall there be less than one Trooper billeted with one or two Horses, nor less than two Men with four Horses, and so in Proportion for a greater Number, and in such Case each Trooper shall be billeted as near his Horse as possible, and where Food and Forage shall not be provided, the same shall be found by the Person on whom such Trooper shall be billeted, and he shall be allowed a reasonable Price therefor, to be ascertained either by Agreement with the commanding Officer, or by any Justice of the Peace, and paid, or Certificate given as aforesaid. sonrquL°ering ^^- ■^'"^ ^^ ^^ CTMcted, That if any Person by this Act Ic'^'Tlinlt' toe ^^^'^^^^^^ ^ quarter Soldiers, shall at any Time quar- o^M*&c' """ter any of the Wives, Children, or Servants of any Officer or Soldier in any House against the Consent of the Owner, or shall neglect or refuse, for the Space of two Hours, to quarter or billet such Officers or Soldiers when thereunto required, and having sufficient Notice before the Arrival of such Troops, or shall receive, LAWS OF MARYLAND, 177'7. 293 demand, contract or agree for, any Money, or any Reward to excuse any Person from quartering or receiv- ing into his House, any Officer, Soldier or Trooper; and if any Person liable by this Act to have any Officer, Soldier or Trooper quartered on him, shall refuse to receive or furnish such Officer, Soldier or Trooper, as aforesaid, such Person, so offending, shall forfeit and pay for every Offence, not more than five Pounds nor less than forty Shillings, to be recovered before any Justice of the Peace, and levied by Warrant to any Constable on the Offenders Persons, Goods or Chattels, one Half to the Informer, and the other Half to the Use of the County where the Offence shall be com- mitted, and where no Informer, the Whole to such County. SESSION BEGINNING JUNE 16, 1777. CHAP. XI. An ACT to punish forestalling and engrossing, and for other purposes. Preambl*. WHEREAS all endeavours to enhance the common price of merchandise, or the necessaries of life, and all practices for that purpose, ought to be restrained as far as possible, and the art and avarice of forestallers and engrossers in this state having been grievous and oppres- sive to the inhabitants thereof, therefore II. Be it enacted, ly the General Assembly 0/ Maryland, ^^^"^^^"5^^. That if any person shall buy, or cause to be bought, any't^«'^°^^j^'^^ goods, wares or merchandise, except the articles of grain ^'1°""^^**"" and lumber, coming to any market or fair within this state, to be sold in such market or fair, or coming to any city, town, port, harbour, haven or creek, within this state, to be sold, or shall make any bargain, con- tract or promise, for the having or buying of any goods, wares or merchandise, except as before excepted, or any part thereof, so coming as aforesaid, before the same shall be in the market, fair, city, town, port, harbom-, haven or creek, ready there -to be sold, or shall dissuade any person coming to this state, or to any market or fair therein, to abstain or forbear to bring any goods, wares or merchandise, to this state, or any part thereof, shall be adjudged a forestaller, and on conviction thereof in the general or any county court, shall be fined by the court not exceeding five hundred pounds, or imprisoned not exceeding one year, or both, in the discretion of the court. ■ 294 BEVOLTJTIONAEY LEGISLATION. Proviso. jjj Provided, That buying by any person any goods, wares or merchandise, coming to market, for the use and consumption of himself or family for a year, shall not be deemed forestalling. buy"o°seiuglin° ^^ ' '^'"^ ^^ ^* enacted, That if any person within this ori^naiimporte ^tate, shaU buy to sell again within this state, or in any of the adjoining states, any butter, beef, pork, cotton, wool, flax, woollens, hemp, tallow, raw hides, tanned leather, shoes, or salt, of the produce or growth of, or raised or manufactured in, this state, or if any person within this state, shall obtain or get into his hands by buying, contracting, or promise taking, (other than by demise, grant, or lease of land, or in payment for debt) any goods, wares or merchandise, within this state, except from the original importer, with intent to sell the same again within this state, or in any of the adjoin- ing states, such person shall be adjudged an engrosser, and on conviction thereof in the general or any county com^t, shall forfeit any of the articles aforesaid so bought or got into his possession, one half to the state, and the other half to the informer, and may be fined not exceed- ing five hundred pounds, or imprisoned not exceeding one year, or both, in the discretion of the court. Proviso. V. Provided always, and it is Jiereiy declared, That the buying of any goods, wares or merchandise, by any agent of this or the United States, or the purchasing ma- terials for the carrying on manufactories, and so con- verted in the house of the purchaser, or the buying of provisions by any hcensed ordinary keeper, for the use of his ordinary, shall not be deemed engrossing within this act. Importer may VI. And he it enacted, That the importer or manu- orretMi!' ° ^'factuTcr of all goods, wares and merchandises, shall be allowed to sell the same by wholesale or retail. Penalty on Per- VII. And be it enacted, That no person shall purchase goods, &c"to'Sfi any goods imported into, or manufactured within, this agam, &c. state, to scU, barter, or exchange again, unless he shall purchase the same from the original importer or manu- facturer, under the forfeiture of the goods so purchased, one half to the state, and the other half to the informer, and under the penalty of five hundred pounds for each offence; but this restraint shall not extend to licensed ordinary keepers, so as to prohibit them from pur- chasing liquors, and other necessaries, for the common use of their ordinaries. LAWS OF MARYLAND, 1'7'7'7. 295 VIII. And he it enacted, That any person who shall g^^*i^^°°^o£"^ purchase goods, wares or merchandise, in any of the J^oJ^^^^S- *^^- . ^ ' ^ to be considered United states, and bring them into this state for sale.^fj.J'.""!'*!"^ . ° ' within this state, shall be considered as a purchaser within this state,*"- (unless such goods were imported by him through the capes of Chesa'peake bay, or through some one of the inlets of some neighbouring state) and shall sell them for ready money, if required, at not more than the rate of thirty per centum profit on the purchase money, and the charges of transportation or carriage to the place where they shall be exposed to sale, except the articles of salt and brown sugar, which shall be sold at not more than thirty-five per centum upon the purchase money, and the charges aforesaid. IX. And he it enacted, That every retailer shall sell Retailers to sen '. -^ at 30 per cent goods purchased of the importer or manufacturer, forP™^*'**- ready money, if required, at not more than the rate of thirty per centum profit on the purchase money paid to the importer or manufacturer, and the charges of trans- portation or carriage to the place where exposed to sale, except the articles of salt and brown sugar, which shall be sold at not more than thirty-five per centum profit on the purchase money, with the charges afore- said, and the importer, if a resident of this state, shall dehver into his county court office, on or before the first day of each county court, a list on oath, signed by him and the purchaser, of the names of aU persons to whom he shall sell at wholesale, and the price, and if a foreigner shall be the importer, he shall deliver such list, as aforesaid, into the naval office of the district in which the vessel bringing the goods shall be entered, and such list, or an attested copy thereof, shall be evidence on a prosecution or suit against the retailer. And if any such retailer shall refuse to sell any goods, wares or merchan- dise, at the price above hmitted, for ready money if required, he shall forfeit and pay five pounds for each refusal; and if any importer shall neglect to lodge the list as above required, he shall forfeit and pay five hun- dred pounds for each neglect. X. And he it enacted. That no person shall purchase Persons not to , IT T 1 • ii purchase con- any goods, wares or merchandise, condemned m thedemned goods court of admiralty, from the original purchaser thereof , purchaser,°toseii to sell, barter, or exchange again, and the original pur- ^'^' chaser shall sell the same, reserving sufficient for the use of himself and his family for one year, for ready money, 296 REVOLUTIOHTABY LEGISLATION. if required, at not more than the rate of thirty fer cerd. profit on the purchase money, and the charges of trans- portion or carriage to the place where exposed to sale, except the articles of salt and brown sugar, which shall be sold at not more than thirty-five per centum profit on the purchase money, with the charges aforesaid. Pro- vided that if the owners of any prize become purchasers, they shall be considered as importers, and at Uberty to sell by wholesale or retail. sons°ref4°ng''to ^^- ^™^ *« it. enacted, That if such purchaser of con- itaittLi!^* ^""^ demned goods shall refuse to sell at the price above hmitted, for ready money, if required, he shall forfeit and pay five hundred pounds for each refusal. XII. Whereas it is represented to this General Assem- bly, That several persons from some of the neighbouring states have engrossed very large quantities of iron, rum, sugar, cotton, salt, and melasses, ch^ed not to"be XIII. Be it enacted, That none of the said articles ^^eT&cf'"'""^^^^^ ^^ carried out of this state, and that the purchasers thereof shall sell the same by retail within this state to the inhabitants thereof, if required, at not more than the rate of ten per centum profit on the purchase money; and if any of the said purchasers, their agents, factors, store-keepers, or trustees, in whose possession any of the said articles may be, shall refuse to seU the said articles, or any of them, at the rate aforesaid, to any of the inhabitants of this state, as aforesaid, he or they so refusing shall, for every offence, forfeit the sum of five pounds current money, one half thereof to the in- former and the other half to the use of this state, and shall also forfeit to the uses aforesaid the goods so as aforesaid refused to be sold. tobe&atveS- XIV. An^ he it enacted. That no goods, wares, or due. merchandise, shall be exposed to sale by pubHc vendue (except houshold furniture, goods condemned in the court of admiralty, or sold imder contract for that purpose heretofore made, or by distress for rent, or by process out of the courts of law or equity, or by the executor or administrator for any deceased person) imder penalty of one hundred pounds on the person seUing or buying at such vendue. XV. And, whereas it is represented to this General Assembly, that divers persons, inhabitants of this state, have engrossed large quantities of salt, rum, sugar, molasses, coffee, and iron, with intent to sell the same LAWS OF MAEYLAND, 1111. 297 again at high and exorbitant prices, by means whereof the inhabitants are greatly oppressed; and whereas also several persons of this state may have purchased and laid up for the use of their families more salt than is sufficient to serve their families for one year from this time, XVI. Be it enacted, That all and every of the persons, g^^gjjij^j*^,^^®^^^ who have so engrossed the said articles as aforesaid, shall 1'^^°°^^™™^*'^° sell the same by retail to the inhabitants of this state, at not more than the rate of ten per centum profit on the purchase money, reserving so much of the said articles as may be necessary for himself and family for one year, and not seUing more of the overplus of the article of salt to any person than shaU be sufficient for the use of his family for one year, allowing one peck to each individual of such family. And if any of the said persons, who have en- grossed any of the said articles as aforesaid, shall refuse to sell the same at the rate aforesaid, and in manner aforesaid, he shall, for every offence, forfeit the sum of five pounds current money, and the goods so refused to be sold, one half thereof to the use of the informer, and the other half to the use of this state. XVII. And he it further enacted, That if any person or ^J|.«/s°^ i'*^ persons in this state, hath or have purchased or laid up, fh^^^emius ^"^ for the use of his or their family or famihes, more salt than shall be sufficient for his or their family or families, for one year from this time, such person or persons shaU sell the overplus to the inhabitants of this state by retail, at the same rate and in the same manner and proportion as the persons who have engrossed salt, as abovemen- tioned, are directed to sell the same; and if any person shall refuse to sell the overplus of his salt at the rate and manner aforesaid, he shall forfeit for every offence the sum of five pounds current money, and the overplus of his salt so refused to be sold, one half to the informer and the other half to the use of this state. XVIII. And be it enacted, That if the owner or possessor ^STJ' "emS^ of any of the articles above enumerated, shall attempt to |^^t™ ^^* °' *'^* remove any of them out of this state, it shall and may be lawful for any person to seize the same, and every such article, so attempted to be carried out of this state, shall be forfeited, one half to the person seizing the same and the other half to the use of this state. 298 KEVOLUTIONAEY LEGISLATION. poimds to'be*^- XIX. And he it enacted, That the governor and the salt work"&c!°^ council be empowered to draw on the treasurer of the western shore, for a sum not exceeding two thousand pounds, and to apply the same, or so much as they may think necessary, in erecting salt works in such part or parts of this state as they may think most proper, and to employ a manager, and to direct any quantity made to be sold and distributed in the several cotmties, in proportion to the number of inhabitants in each county, allowing a peck to each person for the year. .owed"to*'privlte XX. And he it enacted, That the following bounties be m^g'sait? '"allowed to private adventurers, (to whom no money has been or shall be advanced by the pubUc) who shall before the first day of February next make salt within this state, to wit: For fifty bushels the sum of five pounds, for one hundred bushels ten pounds, for two hundred bushels twenty pounds, and for five hundred' bushels fifty pounds, and the treasurer of either shore shall pay the said bounties to any person bringing a certificate expressing the quantity, and the place and time when and where made, from the court of the county wherein the salt shall be made. Premium lor XXI. And he it enacted, That a premium of two hun- makmglOOO ' ^, bushels. dred pounds shall be paid by either of the treasurers to the first person, to whom no money has been or shall be advanced by the public, who shall produce a certificate from any county court of this state, of his having made one thousand bushels of salt within this state, before the first day of February next. XXII. And be it enacted, That the governor and the council be empowered to draw on the treasurer of the western shore for any sum not exceeding one thousand Money to be pounds, to be advanced by them in any sum not exceed- advanced for^ ' ■' ■' w *ks*'&^ salting two hundred and fifty pounds to any one adventurer, who they shaU think fit and trusty, and who will enter into bond with security, faithfully and without delay to apply the same in erecting salt works within this state, and to repay the same without interest after one year from the advance. XXIII. This act to continue and be in force for and during the 'term of one year, and to the end of the next session of assembly which shall happen after the expira- continuanoe. tion of the Said one year. LAWS OF MARYLAND, 1717. 299 SESSION BEGINNING OCTOBER 31, 1777, CHAP. IV. An act to procure cloa thing for the quota of this state of the American army. WHEEEAS it is absolutely necessary to provide '"'■eamwe. cloathing for our quota of troops now or hereafter to be raised, II. Be it enacted, That the governor and the council The governor 1 111, 1-11 1 • andcounciltoap- be and are hereby authonzed and empowered to appoint po'"' persons to Z . ^ '^'^ purchase blan- a proper and discreet person, m each county, to pur-^ets, &e. chase, at such liberal prices as they shall limit, blankets, shoes, stockings, hats, coarse woollens, with proper trimmings, and linen and other cloathing fit for soldiers; that the persons so nominated and appointed have power to appoint assistants. III. And he it enacted, That a certificate, signed bv .certMratetobe ' J o J giTen to the own- the principal, or by the assistant, and countersigned by «■■• *«• the principal, expressing the number or quantity, and price or value, of the articles purchased, be given to the owner, which value shall be ascertained, either by agree- ment, or by the oath of some indifferent and reputable person, to be called in and sworn by the principal or assistant, who are hereby authorised and empowered to administer such oath. IV. And be it enacted. That the principal or assistant ^gj^^^™'^^*^^ may require any person to give an accoimt on oath, or ^g"™* °° "***'■ affirmation if a quaker, menonist, or dunker, of such of the aforesaid articles as he or she hath in his or her pos- session, and shall be requested to sell; and if any per- son so requested shall refuse to give such account on oath, or affirmation if a quaker, menonist, or dunker, he or she shall forfeit and pay the sum of five hundred pounds common money. V. And he it enacted, That the said principal, or assist- give'''Sf^ Maryland, that every purchaser of goods, wares, or mer- "onsidlSd as*ta- chandise, in any other of the United States, shall beP""^*®'^- considered as an importer, and allowed to sell the same by wholesale or retail, at his election. VI. And he it enacted. That it shall and may be lawful sei°™ay ^u"^ for the owners of any ship or other vessel, or any other ^""1™- person removing out of this state, having real or other 302 REVOLUTIONAEY LEGISLATION. property, to expose the same to sale by public vendue, any law to the contrary notwithstanding. Proviso. VII. Provided always, and he it enacted, That nothing herein contained shaU be deemed, construed, or taken to prohibit the exporting or carrying out of this state, any goods, wares, or merchandises, the property of the United States, or of any of them, or of any person, not being an inhabitant of this state. Chap. XXI. — ^A Supplementary Act to the act, entitled, An act TO regulate the militia. DMy'b^&ed"' ^^^- -4^ ^^ it enacted, That if carriages, teams and drivers, and vessels and hands for the conveyance or removal of any public stores of this state, or the United States, or any of them, cannot be procured for a rea- sonable hire, the governor and the council shall be empowered to press carriages, teams and drivers, and vessels and hands for such purposes. Proviso. XIII. Provided always. That no such carriages, teams or drivers, shall be detained more than three days, without consent of the owner. ***** SESSION BEGINNING MARCH 17, 1778. CHAP. I. An ACT for the service of the United States. Prer-mbie. WHEREAS it is represented by congress to this state, that they expect there w:ill be a numerous army of continental troops in the field, during the ensuing campaign, and that it wiU be necessary to procure large supplies of provisions for their support; coMdi™to ap* li- -^^ it therefore enacted, hy the General Assembly of raeh'comty^&o! Maryland, That the governor and the council be author- ised and empowered to appoint a discreet and proper person to be agent in each county of this state, to pur- chase and buy up, for the use of the said army, fat cattle, salted beef, pork, and bacon, upon the best terms they can get the same, not exceeding the rates following, viz. for hve steers, or any other cattle, fatted, not exceeding twelve pence by the pound, hides and tallow included as a fifth quarter ; for salted beef in barrels, containing two hundred and twenty pounds weight of good well I'z'zs. 303 cured beef, not exceeding fifteen pounds per barrel, and so pro rato for such beef in any other package ; for salted pork in barrels, containing two hundred and twenty pounds weight of good well cured pork, not exceeding twenty pounds per barrel, and so pro rato for such pork in any other package; for good bacon, well cured, not exceeding two shillings and six-pence by the pound; that the persons so nominated and appointed have power to appoint assistants. III. And be it enacted, That in case the owner of the in case of ms- ... 1 .1 J 1 • ■ 1 n Tfn • pute, a third per- cattle, and the agent or his assistant, shall dmer in son may be called opinion as to the estimated weight of such live cattle, the agent or his assistant may call in some indifferent third person to judge of the weight of such cattle, and the determination of such third person on oath, to be admin- istered by such agent or assistant, shall be final. IV. And be it enacted, That the governor and council Governor and ' . ° council to apply be and are hereby authorized and requested to apply'" ongjess jor J, . 'J • i^ money, &c. to congress, from time to time, for such supplies of money as may be necessary for making payment for the above articles, and also have full power and authority to draw upon the treasurers of the eastern and western shores, or sheriffs of the counties, if need be, for such sums as may be wanted, to be paid by such sheriffs out of the monies coming to their hands by assessment; and all persons receiving any sums of money on this account, shall give a receipt for the same, specifying for what pur- pose it was received. V. And be it enacted, That the agent or his assistant Agents may re- , . • 1 1 -i i i- ii , f"^^^ persons to may require any person, being an inhabitant of the county gi™ an account u • u • • i J i • i iU •^»noath,&c. wherein he is appointed, to give an account on oath, or affirmation if a quaker, menonist or dunker, (which oath or affirmation the said agent or his assistant is hereby authorized and empowered to administer, but shall not require or administer unless he shall have good cause to suspect that such person will not otherwise give a true account, or shall be informed that any person has pur- chased and hath for sale any quantity of the said articles of provision) how much he or she hath of any of the aforesaid articles, as he or she shall be requested to sell, over and above what is necessary for the common use and consumption of his or her family for this present year; and if such person shall refuse to sell such overplus to such agent or his assistant, at the rates herein before mentioned, then it shaU and may be lawful for such agent 304 REVOLUTIONARY LEGISLATION. or his assistant to take the same upon paying the owner the price herein respectively limitted, or upon giving a certificate therefor if he shall not have money in hand to pay for the same;- and in case such person shall refuse to declare upon oath or affirmation (if thereto required) what quantity he or she hath of any of the said articles as he or she shall be requested to sell, over and above what is necessary for the common use and consumption of his or her family for this present year, then such per- son shall be obliged, under the penalty of five hundred pounds current money, to give an account on oath, or affirma,tion if a quaker, menonist or dunker, (which oath or afiirmation such agent or his assistant may admin- ister) of all such of the aforesaid articles as he or she hath in his or her possession, and shall be requested to sell; and upon such discovery the agent or his assistant shall and may summon and call in two indifferent and reputable neighbours, (who have taken the oath of alle- giance to this state, and who in case of disagreement shall call in a third) to determine on oath how much of the aforesaid articles such person can spare, over and above what is necessary for the common use and con- sumption of his or her family for this present year; and if such person shall refuse to sell to the agent or his assistant at the rates herein respectively Hmitted, such part of the said articles as shall be so determined he can spare as aforesaid, then it shall and may be lawful for such agent or his assistant to take the same overplus, upon paying the owner thereof the price herein respec- tively hmitted, or upon giving a certificate therefor in case he shall not have money in hand to pay for the same, duphcates whereof shall every month be returned to the governor and council, with the other returns here- after mentioned, which certificates shall be paid by the treasurer of the eastern and western shores respectively, or discounted out of the pubhc assessment, at the option of the holder of such certificate. . Agent may call VI. ATid he it enacted, That if the agent or his assistant in the sheriS to ' i. ■ m i • hisassistance,&c. shall be obstructed m the execution of his office, he is hereby authorized and required to call on the sheriff of the county, or his deputy, who shall exert his authority to aid and assist him in carrying this law into effect. And give infor- yij j^fi^ jjg if enacted. That the said agent or assistant mation to the \ ■,■ t ■ ■ c j.- county court, &c. ghall, and they are hereby directed to give mtormation to the next county court of all such persons who shall LAWS or MARYLAND, WIS. 305 incur the penalty aforesaid, under the penalty of five pounds for every neglect. VIII. And be it enacted, That each assistant shall re- t„^^^''^^*|f^j' *°/j«y turn a fair and exact hst every week, of all articles by"*®^-*"- him purchased or taken, to his principal, who shall monthly return a fair and exact list to the governor and council, of all articles purchased in his county that may be notified to him. IX. And he it enacted, That the person appointed in ^^^^'4° &o?™ '° each county be allowed, for purchasing live cattle, fifteen shillings per head, over and above the necessary expence of collecting and keeping until dehvered to a continental agent, or some person authorised to receive the same; for piu-chasing salted beef or pork, five shilhngs by the barrel, and so fro rato for other package, over and above the expence of carriage and storage; for bacon per hun- dred weight, and so pro rato, eight shilhngs and four- pence, over and above the expence of carriage and stor- age; and if any person appointed principal agent to exe- cute this law, shall refuse or neglect to act as such, he shall forfeit and pay the sum of fifty pounds common money for such refusal or neglect. X. And be it enacted, That the governor and the coun- cound!™to and hire cil shall have full power and authority to hire carriages, carriages, &c. teams and drivers, or boats and hands, for the carriage and transportation of the above articles to such place within this state as they may judge proper, and for the carriage of any articles of provision purchased in this or any other state, for the use of the continental army, which it may be necessary to convey from or through this state; and if carriages, teams, and drivers, or boats and hands, cannot be procured at such rates as are here- in after fixed and ascertained, the governor and the coun- cil are hereby fuHy authorised and empowered to cause them, or any of them, to be impressed, and may detain the same for the time heretofore settled by act of the general assembly, entitled. An act to expedite the march of troops in and through this state. XI. And be it enacted, That the price of carriage shall Price oicarriagc be as followeth, viz. The owner of any carriage, team and driver, which shall be capable of carrying one ton and travelUng twenty miles per day, shall be paid at the rate of fifty shillings per day for every day such carriage, team and driver shall be retained in service, and so pro rato 37639—18 20 306 RBVOLUTIONABY LEGISLATION. for carriage capable of carrying a greater or less burthen, or travelling a greater or less distance; but if provision and forage be found by the public for the driver and teams of such carriages, the expence thereof shall be de- ducted out of the pay aforesaid, and the owner of every carriage and team, capable as aforesaid of carrying one ton, and travelling as aforesaid twenty miles per day, shall, after the discharge of said carriage and team, be paid at the rate of two shillings per mile, from the place of discharge to the place where such carriage and team was impressed, and so in proportion for other teams. on?^ts?&o.*"'' ^11- ^'^ ^« ** enacted, That the owner of any boat or vessel, where the tonnage of any boat or vessel shall be from fifteen to twenty tons, shall be paid at the rate of thirty-three shillings and four-pence per day, for the hire of the said boat, with sufficient hands and provisions found by the owner of the said boat or vessel; and where the tonnage shall be from twenty to twenty-five tons, at the rate of forty-two shillings per day; and where the tonnage shall be from twenty-five to thirty-five tons, at the rate of fifty shillings per day; and where the tonnage shall be above thirty-five tons, at the rate of one shilling and eight-pence per ton, per day, till such boat or vessel shall be discharged, and after such discharge, every such owner shall be paid in the proportion aforesaid for every day such boat or vessel shall be in returning back, allow- ing a day for every thirty miles from the place of dis- charge. to^beiSpf^sed"' ^IH- -^^ ^^ '^^ enacted, That all carriages, teams and drivers, boats and hands, shall be impressed by applica- tion to a magistrate, agreeable to the directions of the act of assembly, entitled, An act to expedite the march of troops in and through this state; and that aU carriages, teams and drivers, or boats and hands, impressed imder the authority of the above recited act, or of any other act heretofore made, shall be paid for at the rates above specified, any law or custom to the contrary notwith- standing. comdtm^oS^'J XIV. And he it enacted, That the governor and the h?J e *or 'Im- ^°"^^^^ shaU have fidl power and authority to cause pressed, &o. boats imder fifteen tons burthen, and hands, to be hired or impressed, and may allow or direct the agent in each county to allow such reasonable rates for the same as they may judge proper, having regard to all circum- stances, and the rates already fixed by this act. LAWS OF MARYLAND, ll'iS. 307 XV. And he it further enacted, That the agent or his ^^Sl^^^^l^'o assistant in each county may purchase any of the above articles on the credit of this state, and shall and may give certificates payable at the end of three months, or such other time as may be agreed upon, not exceeding the rates above specified, duplicates of which certificates shall and are hereby required to be lodged with the gov- ernor and council, and such certificate shall and may be discoimtable at the option of the holder out of the public assessment. XVI. And he it enacted, That such principal agent and and*^istenta*°* his assistants in each county, shall be persons who have taken the oath of allegiance to this state, and shall before they enter on the execution of their trust, respec- tively take the following oath before some magistrate of the county wherein he or they reside, viz. "I, A. B. do swear, that as agent for purchasing provisions for the continental army within the county of I will well and faithfully demean myself, and execute the trust reposed in me with diligence and impartiality, accord- ing to the directions of an act of the general assembly, entitled. An act for the service of the United States." XVII. This act to continue imtil the tenth day of continuance. June next, and until the end of the next session of assembly which shall happen thereafter. CHAP. XIII. An ACT for enlarging the powers of the governor and council. WHEREAS in times of imminent danger, it is neces- Preamble, sary for the safety and protection of the state, that extraordinary powers be vested in the governor and council, and it is at all times necessary, that a proper respect and regard be paid to the supreme executive authority, II. Be it therefore enacted, hy the General Assemhhi o/'.i'"ringanmva- •^ , . . j» . ^ J sion, &c. governor Maryland, That durmg any mvasion of this or any of *°^ council may ^ ' o J J cause dangerous the neighbouring states of Virginia, Pennsylvania, or^Wjooear- Delaware, by an army, or of this state, by ships of war, the governor and council shall have fuU power and author- ity to arrest, or cause to be arrested, any person or per- sons, whose going at large they shall have good grounds to believe may be dangerous to the state, and to con- fine such person or persons in any gaol or place, or restrain and enjoin such person or persons to be and remain within any particular district or limits of this 308 KEVOLUTIONAEY LEGISLATION. state, or in their discretion suffer such person or persons to go at large, giving security for his or their good behaviour; and during such invasion, no person so ar- rested and imprisoned, or so restrained, shall have or receive any benefit or advantage from the Jiabeas corpus act, but shall and may, if they think themselves ag- grieved, apply by petition to the next general assembly, to which the names of all persons, so arrested, com- mitted, or confined, with the cause of their respective arrests, shall be returned by the governor and council, un^tohave'as ''■■'■•'■■ ^^'^ ^^ '^^ enacted, That the governor and council •ud''°or'ust1oe'^^^^ have as fuU and ample power and authority as any *"• judge, or justice, to take recognizances of, and arrest and confine, or cause to be arrested and confined, any person or persons, who may have been, or shall be guilty, of any of the crimes and misdemeanors eniuner- ated in the act, entitled. An act to punish certain crimes and misdemeanors, and to prevent the growth of toryism, or in An act to punish certain crimes, or who may have been, or shall be guilty of the several offenses enumerated in the 35th section of the act, entitled, An act for the better security of the government, zano^ tekei "by ^^- ^'^ ^^ ^* enacted, That aU recognizances taken by fectuafto!.™''* the governor and coimcil in virtue of this law, shall be as good and effectual as if the same were taken by any judge or justice; and the governor and council having good ground to believe, that a breach has been made of the condition of any such recognizance, may cause process to issue against the principal and the surety or sureties, or either of them, from the courts of law, according to their known and established jurisdictions. V. And, That all insurrections and disturbances, which might prove dangerous to the state, inay be timely sup- pressed, or prevented, rectioi?s'"'th^y ^^- ^^ '*'* evMcted, That the governor and council, as ml^ service" any o^teu as such insurrections and disturbances shall happen, ^rt^of the miii- Qp they may have good cause to suspect or believe may speedily happen, shall have full power to call into actual service, without regard to classes, such part of the militia as they may judge necessary, for the preventing, quiet- ing, or suppressing such insurrections or disturbances, and the same may station at such place or places as they may deem proper, and shall cause them to be relieved as often as they shall think necessary, so as that no com- pany or body of militia shall be continued on duty longer than two months in any such service. "VTI. And ie it enacted, That whenever any part of the.^A"* provide ' *^ ^ things necessary militia shall be called into actual service, either in this '°^ 'f^^i'" ™»"'^ 1118. 309 nd igs {he or the aforesaid adjoining states, the governor and council shall have fuU power, and they are hereby authorised and requested to provide for, order -and direct all matters and things necessary for the march and subsistence of such militia, so long as they shall be contiaued on duty in this state, or, if ordered out of this state, to provide for, order and direct all things necessary for the march and subsistence of such militia, to some place of ren- dezvous, or other place, to which they may be ordered to march. VIIT. And be it further enacted, That on all occasions g^^'J^^^y"/^^^^; within this state, where it is judged necessary for the ^^^ °™°^s "j^^ service of this or the United States, and the urgency of °' ""''"''■ ^'"■ the case will not admit of calling out any part of the militia in classes, the governor and council shall, and they are hereby authorised and requested to order on duty such guards, companies, or detachments of the mihtia, as the nature of the service may require, and they are hereby empowered to draw on the treasurer of the western or eastern shore respectively, for such sum or sums of money as may be necessary for defraying the expence of marching and subsisting any part of the mili- tia which shall be ordered on duty, or called into actual service, in virtue of this or any other act, and for such further sum or sums of money as may be necessary to carry into execution the powers with which they are invested by this or any other act. IX. And be it enacted, by the authority aforesaid, That ^^1^°^°°^^^^°^ the governor and council shall be, and they are hereby p^^'o^s, eto. authorized and empowered to procure and provide, on such terms, and in such manner, as they may think best, proper magazines of provisions and all other necessaries, fit and convenient for the troops of this state, and for any mihtia that may be called into service, and to pro- cure as many well fixed arms as they may think necessary for the use of this state, and appoint some fit person to keep the same in proper order. X. And be it further enacted. That the governor and ^." to be Hable to seizure, to cause the same to be delivered to the commissary-general, quarter-master-general, or either of their deputies, he or they paying the current price to the owner or person entitled to receive the same; and if there shall be any diversity of opinion respecting the current price between the owner or person entitled to receive the same, and the commissary-general, quarter- master-general, or either of their deputies, the justices of peace aforesaid, or any two of them, are hereby author- ised and required to fiLx and ascertain what the current price shall be deemed to be. And the said justices, or any two of them, shall, and they are hereby required, immediately on determining the grain or flour so seized to have been engrossed, to bind over the said engrosser or engrossers, if present, by bond or recognizance with good security, to be approved of by such justices, to appear at the next general court to be held for the shore where the said grain or flour shall be so engrossed, there to answer for the offence aforesaid, or in default of flnding such security, shall commit the said offender or offenders to gaol, there to remain until delivered by due course of 324 EEVOLUTIONAKY LEGISLATION. law. And if such engrosser or engrossers be absent, or shall reside in any other county within this state, the said justices, or any two of them, shall issue their warrant directed to the sheriff of the county where the party or parties reside, or may be found, to apprehend him or them, and when apprehended, such sheriff shall carry the party or parties before some justice of the county where apprehended, who shall bind him or them over as above directed. XX. And, Whereas it is represented to this present general assembly, that the price of salt hath been greatly enhanced by divers persons buying up the same, and keep- ing the price unregistered, with intention to sell the same at most exorbitant rates, in direct violation of the law heretofore made, which hath been found insufficient to prevent such evil practices; For remedy whereof, „^ny one justice XXI. Be it enacted, That it shall and may be lawful |i«secmityVc!^°'' ^^7 ^^^ justice of the peace in any county of this state, and he is hereby authorised and required, on in- formation being made to him on oath or affirmation as aforesaid, by one or more credible witness or witnesses, of any extraordinary quantity of salt being purchased by or in the possession of any individual, inhabiting, residing, or being, within this state, who may have en- grossed the same, and that the price thereof hath not been duly registered in the naval office or county court office, agreeable to the directions of the act, entitled. An act to punish forestalling and engrossing, and for other purposes, to issue his warrant, directed to the sheriff of the county, to cause such person or persons to come before him or some other justice of the peace of the county aforesaid, and if such person or persons, when brought before a magistrate, shall neglect or re- fuse to discover on oath or affirmation as aforesaid, the price for which such salt was purchased, and give bond in double the value of said salt, payable to this state, with good security, to be approved of by such justice, to sell the same at not more than thirty-five per cent, advance on the cost, it shall and may be lawful for the justice before whom such offender may be brought, and he is hereby required to call in two other justices of the peace of the same county to his assistance, and the said justices, or any two of them, may take possession of said salt and cause the same to be sold out at retail, in quan- tities not exceeding one peck for each person in the family LAWS OP MAEYLAND, 1118. 325 of the purchaser, to any one person, at not more than thirty-five per cent, advance on the cost, according to the best information they can get, and shall and may retain sufficient to pay a person to be employed by them to sell and deliver out said salt, and shall pay the overplus to the owner or other person entitled to receive the same. And the said justices, or any two of them, shall have full power and authority to call on the sheriff or his deputy to aid and assist them in carrying this act into execution, which said sheriff or deputy shall and is hereby required to aid and assist such justices accord- ingly; and such engrosser or engrossers of salt, grain, or flour, shall on conviction, be punished by fine not exceeding treble the value of the merchandize so en- grossed, and also by imprisonment, at the discretion of the court where tried, not exceeding twelve months, without bail or mainprize. XXII. And he it enacted, That the said justices, or any^^g^^'^^''^.^''^^ two of them, shall, and they are hereby required, ini-|{''=\°^|*°*Pj^j|^ mediately on determining such salt to have been en- """"'' *"■ grossed, to bind over such engrosser, if present, by bond or recognizance with good security, to appear at the next general court to be held for the shore where the said salt shall be engrossed, there to answer for the offence aforesaid, or in default thereof shall commit such offender to gaol, there to remain until delivered by due course of law; and if such engrosser be absent, or shall reside in any other county within this state, the said justices, or any two of them, shall issue their warrant, directed to the sheriff of the county where the party doth reside, or may be found, to apprehend such offender, and when apprehended such sheriff shall carry the party before some justice of the county where apprehended, who shall bind him over as above directed. XXIII. And he it enacted, That in case any justice or ^i^f^^^. sheriff, being called upon, shall refuse or neglect to do '*"'"' "^^'y- his duty, as by this law required, he shall forfeit and pay the sum of five hundred pounds for each refusal or neglect. XXIV. And he it further enncted, That if any person niora^™u''*than or persons in this state, hath or have purchased or laid °*^«=^are to |eu up more salt than shall be sufficient for the use of his or their family or families for one year from this time, rating and allowing one peck of salt for each person in a family, such person or persons shall sell the overplus to the 326 EEVOLUTIONAEY LEGISLATION. inhabitants of this state, by retail, at the same rate and in the same manner and proportion as the persons who have engrossed salt as above mentioned are directed to sell the same; and if any person shall refuse to sell the overplus of his salt at the rate and manner aforesaid, he shall forfeit for every offence the sum of five pounds current money and the overplus of his salt so refused to be sold, one half to the informer and the other half to the use of this state. guffly°o° engross- XXV. ATid he it enacted, That if any continental agent, t?mM'*the^a°iue^°^ Other person in office under any appointment made by ^"^ this state or the United States, shall be guilty of engross- ing any grain, flour, or salt, or any other goods, wares, or merchandizes whatsoever, contrary to the true intent and meaning of this act, such agent or other person in office shall, on conviction, be fined by the court where tried four times the value of the article or articles so en- grossed, shall be rendered incapable of holding and en- joying any place or office of trust or profit in this state, and may also be imprisoned at the discretion of said court, for any time not exceeding twelve months, with- out bail or mainprize. pi?ad*aele™rai XXVI. And he it enacted, That if any action or suit issue, ic. shall be commenced against any person or persons for any thing done in pursuance of this act, the defendant or defendants in any such action or suit may plead the general issue, and give this act and the special matter in evidence, at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this act; and if it shall appear so to have been done, the jury shall find for the defendant or defendants, and if the plaintiff shall be nonsuit, or discontinue his action, after the defendant or defendants shall have appeared, or if judgment shall be given upon any verdict or demurrer against the plaintiff, the defendant or defendants shall and may recover treble costs, and have the like remedy for the same as any defendant or defendants hath or have in other cases at law. Continuance. XXVII. This act to continue and be in force to the end of the next session of assembly. LAWS OF MARYLAND, 1'7'78. 327 CHAP. X. An ACT for enlarging the powers of the governor and council. WHEREAS in times of imminent danger, it is neces- Preamble. sary for the safety and protection of tiie state, tliat extraordinary powers be vested in the governor and council, and it is at all times necessary, that a proper respect and regard be paid to the supreme executive authority : II. Be it therefore enacted, ly the General AssemUy,^^^^^^^^^g^. That during any invasion of this or any of the neighbour- ^°' rause^dan! ing states of Virginia, Pennsylvania, or Delaware, by an |"a?restod,™ c.*" army, or of this state by ships of war, the governor and council shall have full power and authority to arrest, or cause to be arrested, any person or persons, whose going at large they shall have good grounds to believe, from their own knowledge or on information upon oath or affirmation of any credible witness, may be dangerous to the state, and shall confine such person or persons in any gaol or place, or restrain and enjoin such person or persons to be and remain within any particular district or hmits of this state, or in their discretion suffer such person or persons to go at large, giving security for his or their good behaviour; and during such invasion, no person so arrested and imprisoned, or so restrained, shall have or receive any benefit or advantage from the Jiaheas corpus act, but shall and may, if they think themselves aggrieved, apply by petition to the next general assembly, to which the names of aU persons, so arrested, com- mitted, or confined, with the cause of their respective arrests, shall be returned by the governor and council. III. And be it enacted, That the governor and council Governor and ' ° . council ix) have as shall have as full and ample power and authority as anv?"y p''^™'^-^^^"^ ■^ ^ . J J judge or justice, judge or justice, to take recognizance of, and arrest and '^''■ confine, or cause to be arrested and confined, any person or persons, who may have been or shall be guilty of any of the crimes and misdemeanors enumerated in the act, entitled. An act to punish certain crimes and misde- meanors, and to prevent the growth of toryism, or in an act to punish certain crimes, or who may have been or shall be guilty of the several offences enumerated in the thirty-fifth section of the act, entitled, An act for the better security of the government. 328 REVOLUTIOHfAEY LEGISLATION-. amis takeS^y ^V- ^^ ^^ ^* enacted, That all recognizances taken eflSuafl'Sfo *"'' by *b^ governor and council, in virtue of this law, shall be as good and effectual as if the same were taken by any judge or justice; and the governor and council, having good ground to believe that a breech has been made of the condition of any such recognizance, may cause process to issue against the principal and the surety or sureties, or either of them, from the courts of law, according to their known and estabhshed jurisdictions. V. Arid, That all insurrections and disturbances, which might prove dangerous to the state, may be timely suppressed, or prevented, sumottoVth^y ^^- ^^ ^* eTMcted, That the governor and council, as tatlsem'?e'*'any0ft6ii ^ such insurrcctions and disturbances shall hap- Sa'&e! *° ™"''pen, or they may have good cause to suspect or believe may speedily happen, shall have full power to call into actual service, without regard to classes, such part of the militia as they may judge necessary, for the preventing, quieting, or suppressing, such insurrections or disturbances, and the same may station at such place or places as they may deem proper, and shall cause them to be relieved as often as they shall think necessary, so as that no company or body of militia shall be continued on duty longer than two months in any such service. And provide yu ^^ j,g ^^ enacted, That whenever any part of the tilings necessary ' •J ^ for their march, militia shall be Called into actual service, either in this or the aforesaid adjoining states, the governor and council shall have fuU power, and they are hereby authorised and requested, to provide for, order, and direct, all matters and things necessary for the march and subsist- ance of such militia, so long as they shall be continued on duty in this state, or if ordered out of this state, to provide for, order, and direct, all things necessary for the march and subsistance of such militia, to some place of ren- dezvous, or other place to which they may be ordered to march. Where neces- VIII. And he it further enacted. That on all occasions sary, they may ■■' ' ^e[.^suards of within this state, where it is judged necessary for the service of this or the United States, and the urgency of the case will not admit of calling out any part of the militia in classes, the governor and council shall, and they are hereby authorized and requested to order on duty such guards, companies, or detachments of the militia, as the nature of the service may require, and they are hereby empowered to draw on the treasurer of the western LAWS OF MARYLAND, 1778. 329 or eastern shore respectively, for such sum or sums of money as may be necessary for defraymg the expence of marching and subsisting any parts of the mihtia which shall be ordered on duty, or called in actual service, in virtue of this or any other act, and for such further sum or sums of money as may be necessary to carry into ex- ecution the powers with which they are invested by this or any other act. IX. And he it enacted, by the authority aforesaid, That ^j^^^'^^^ p™^'- the governor and council shall be, and they are hereby authorised and empowered to procure and provide, on such terms, and in such manner, as they may think best, proper magazines of provisions and aU other necessaries, fit and convenient for the troops of this state, and for any mUitia that may be called into service, and to procure as many well fixed arms as they may think necessary for the use of this state, and appoint some fit person to keep the same in proper order. X. And he it further enacted, That the governor and 4?'^ import . ■' 1 . 1 1 ^ military stores, council are hereby authorised and requested to import, *■=• or cause to be imported, into this state, such military stores and other necessary stores as they may judge proper, and to make such exports of the produce of this or any other of the United States, as may be sufficient for that purpose, and shall and may appoint a proper person, under their controul, to superintend and manage the trade of this state, and to fit out and equip the vessels of war belonging to this state, and to transact all other business relating to the care and management of the said vessels. XI. And he it enacted. That the governor and council, ish^pUsSunf' at all times during their sitting, shall have full power to beiore'them^i"™ punish, b'y fine and imprisonment, any person within this state, who shall be guilty of any misbehaviour before them, or contempt of their lawful commands, or authority. Provided that such fine shall not exceed three hundred pounds common money, and that such imprisonment shall not exceed two months; and aU such fines shall be deposited in the treasury for the use of the pubUc. XII. And he it enacted, That the governor and council ^ifaoD^^KiJiYe shall be and are hereby empowered and requested to ^^^gg^ ™^f s™s make such regulations in each county, as may be by them thought reasonable, relative to impressing carriages, teams, and drivers, so that one part of the county may 330 EEVOLUTIONAEY LEGISLATION. not be unequally burthened; and during the contin- uance of this act, the governor and council, in case of an invasion of this state, or any of the adjoining states, shall have fuU power and authority to direct carriages, horses, and drivers, or boats and hands, or other vessels, to be impressed, to go out of this state, if necessary, and for a longer time than by the laws of this state is hereto- fore limited, not exceeding one calendar month. w4goii*T^ter! ^III- ^^<^ ^« ** enacted, That the governor and coun- ^'^ cil shall and may appoint a fit and proper person for waggon master, with such pay as the governor and council shall think reasonable, which waggon master shall in all things obey the orders and directions of the governor and council; and the governor and coun- cil shall have fuU power and authority to entrust such waggon master with such sums of money, for payment of waggon hire, as the governor and council in their discretion shall think proper. to^vftoniTe! ^IV. And le it enacted, That the said waggon master shall give bond, with good security, before some justice of the peace of the county where he resides, in the pen- alty of five thousand pounds, with condition for the faithful performance of his trust, and rendering a full and just account of the money lodged in his hands, and shall also take the oath of fidelity to this state, and an oath diUgently and impartially to execute the duty of waggon master according to the best of his skill and knowledge, the said bond to be proved by the witnesses thereto, and to be lodged by the justice who may take the same with the clerk of the county, and be recorded amongst the county records, and an attested copy from the record shall be good evidence. be^mte/our&c" ^V- ■^'"^^ ^^ ** enacted, That the new galley now in the harbour be fitted out with all expedition, under the care and direction of the commodore, and that she be called the AnnapoHs, and that a bounty of forty dollars be given to every able bodied seaman that wiU enter into the service of this state, and a bounty of thirty dollars to every able bodied marine that will enter into said serv- ice, besides proper cloathing for each, until a sufficient number be enrolled for the manning such galhes and armed boats as the governor and the council may think proper to put into commission, and that the same bounty above mentioned be given to aU the sailors and marines that may be wanted for manning said galley. LAWS OP MAEYLAND, 1778. 331 XVI. And he it enacted, That the governor and t^e y/^S,^' to ""^l council be empowered to cause such of the galhes and ""'ggea, &o armed boats, and other vessels as are not wanted or can- not be fitted and manned, to be unrigged and laid up in some secure harbour, out of the way of danger from the ice in winter or worm in summer, and that they cause such only of them to be armed and otherwise compleatly fitted, as may be necessary for the defence of our bay and rivers, or for other public services; and that the governor and council be requested to keep the same con- stantly cruising, and more especially towards the mouth of the river Patowmack and the Sound; and that the gov- ernor and the council have full power and, authority to fix and ascertain the number of officers that may be necessary for the gallies and armed boats that may be kept in action, and also to ascertain the pay and rations of such officers; provided such pay and rations do not exceed the continental pay and rations allowed from time to time by congress, to officers of similar rank. ■XVII. And be it enacted, That it shall and may be Go™™or a°d ' .^ council may per- lawful for the governor and council to permit any person ^'^ST ao" or persons residing in any of the United States, who shall ^^oxport wheat, come recommended by the executive power of the state to which he or they shall belong, or any inhabitant of this state in whom the governor and council may confide, to export, transport, and carry away, any of the articles and commodities enumerated in the act, entitled, An act to prohibit for a Umited time the exportation of wheat, flour, rye, Indian corn, rice, bread, beef, pork, bacon, live stock, peas, beans, oats, and other victual, into either of the said states, for the necessary use and consumption of any of its inhabitants whose wants and distresses may prompt and excite them to make applica- tion for such licence, and render them proper objects of compassion, such person or persons exporting, transport- ing, or carrying away any of the said articles and com- modities, and every person on board his or their vessel, seaman or passenger, first taking his solemn oath, or (if a quaker, menonist, or dunker) affirmation, "That he or they will not, directly or indirectly, be privy to or concerned in any measure whatsoever which may tend to defeat the arrival of such vessel at the port to which such vessel shall clear out, but that he or they shall and win, without any deception, mental reservation or equiv- ocation whatever, take every measure to carry into effect 332 REVOLTJTIONAEY LEGISLATION. the licence granted to such person or persons for export- ing, transporting, and carrying away the articles and commodities aforesaid. " take MiS"^ XVIII. And he it enacted, That such person or persons applying to the governor and council for such permit shall, previous to his or their shipping or putting on board any of the said articles or commodities, take an oath or aflormation, as the case may be, "That the said articles and commodities, to be by him or them shipped, exported, transported, and carried away, are intended for the necessary use and consumption of persons residing in the state for which his or their vessel shall clear out, and that the same shall not be sold unless to persons of the same state who may be in want, and then at no more than actual cost and charges of transportation, together with an advance adequate to the risque, to be adjusted and settled by the executive power of such state." comS'to'trms^- ^^^- -^.nd he it enacted, That the governor and the Sn. s^Siwood" council are hereby empowered and requested to transmit *"• to general Smallwood, or such other commanding officer of the Maryland troops as they may think proper, such sum of money as may from time to time be deemed nec- essary for paying the bounty to the nine months men and substitutes serving with said troops, who may be willing to enUst for three years or during the war, and such persons so enhsting shall be entitled to the same bounty as was heretofore allowed by the act, entitled, An act to procure troops for the Anaerican army. Continuance. XX. This act to Continue to the end of the next ses- sion of assembly, CHAP. XIX. An ACT to prevent distilling grain into spirit. Preamble. WHEREAS the enormous quantity of grain which is distilled throughout this state tends to encrease the price thereof, to the great oppression of the poor, and occasions a difficulty in procuring the necessary- supplies for the armies of the United States : For remedy whereof, ^^OjSgirit to to II jjg n enacted, hy the General Assemhly of Maryland, grain, &0. That from and after the commencement of this act, no whiskey, or other spirit whatsoever, shall be made, extracted, or distilled, within this state, from any wheat, rye, barley, malt, or other grain, or from any meal or flour, before the first day of July next. LAWS OF MAEYLAND, HIS. 333 III. And he it enacted, That if, during the time before Penalty on pei- hmitted, any distiller or maker of whiskey or other spirits, &o. or any other person or persons whatsoever, shall make, extract, or distil, or cause or procure to be made, ex- tracted, or distilled, any whiskey or other spirits, from any wheat, rye, barley, or other grain, or from any meal or flour, or shall use or mix, or cause or procure to be used or mixed, any wheat, rye, barley, or other graia, or any meal or flour, in any worts or wash, in order for the making, extracting, or distilling, whiskey or other spirits, or shall put or lay, or cause or procure to be put or laid, in any tun, cask, copper, still, or other vessel or utensU, any wheat, rye, barley, or other grain, or any meal or flour, for the purpose of extracting or distilling whiskey or other spirits, that then, and in each and every of the said cases, upon conviction thereof in the county or general court, such distiller or maker of whiskey or other spirits, or other person or persons, acting contrary to the direc- tions of this act, or the person or persons in whose custody or possession any such tun, cask, copper, still, or other vessel or utensil, made use of contrary to the intention of this act, be found, shall respectively, for every such offence, forfeit and pay the sum of five hundred poimds, and incur also a forfeiture of the value of all such wheat, rye, barley, or other grain, and all such flour and meal, whiskey and spirits, and of all such stills, vessels or other utensils, to be ascertained and assessed by the jury by whom the cause shall be tried. IV. And ie it further enacted, That each of the con- constables to stables in the respective hundreds or districts in this fences, &c. state shall, and he is hereby enjoined and required, under the penalty of five poimds, (to be recovered before any justice of the peace, in the same manner as small debts are recoverable, and to be transmitted by the said justice to the treasurer of his shore for the use of the state) carefully and diligently to enquire into offences committed against this act, and having any knowledge of any such offence, he shall forthwith give information thereof to the next justice of the peace, who shall imme- diately issue his warrant, directed to the sheriff and other peace officers of the city or county where such offender dwells, requiring such sheriff or other peace officer forthwith to apprehend the said offender, and bring them before him, or some other justice of the peace. 334 REVOLUTIONARY LEGISLATION. who shall cause the said offender to enter into recogni-- zance, with sufficient surety, to be and appear at the next county court, to answer the premises, and abide the judgment of the court: And for want of such security the said justice shall, and he is hereby enjoined to commit the said offender to the gaol of the said county, there to remain until he be legally discharged; which said recognizance, with such as shall be taken for the appearance of the witnesses, shall be duly certified by the said justice to the next county or general court, where such offender shall be proceeded against by iadictment, as is usual in like cases. nam°so*'Xnd^ ^- ^'^ ^^ ^* enacted, That all and every the con- crs, &c. stables of the respective hundreds or districts in this state shall, and are hereby enjoined and required to return, on oath or affirmation, the names and places of abode of all persons in their several hundreds or dis- tricts offending against this act; which said oath or affirmation the justices in their respective counties are hereby enjoined to administer, arf^^bf^rot ^^- ^^^ ^^ '''* ^''^'C'Cted, That all forfeitures which may piied^ ^'^ *^ arise, in pursuance of this act, shall be collected by the respective sheriffs of the city or county where such forfeitures arise; and the said sheriff shall transmit one moiety thereof to the treasurer of his shore, to be dis- posed of by the general assembly, and shall pay the other moiety to the constable or other person or persons informing against the offender, ment.*"™'"""' ^^^- ^'"'^ ^^ '^^ enacted, That this act shall commence at the end of twenty days after proclamation shall be made by the governor and council that similar laws have taken place in the neighbouring states of Pennsylvania, Virginia and Delaware. SESSION BEGINNING MARCH 9, 1779. CHAP. I. A supplement to the ACT to prevent distilling grain into spirit. Preamble. Wheeeas it was heretofore enacted by the act of assembly, entitled, An act to prevent distilhng grain into spirit. That the same should commence at the end of twenty days after proclamation should be made by the governor and council, that similar laws had taken place in the neighbouring states of Pennsylvania, Vir- ginia, and Delaware : And whereas laws have been made LAWS or MARYLAND, I'TlQ. 335 on the same subject, although not altogether similar, in all those states, to prevent distilling grain into spirit, and it is thought necessary that the said act should take place as soon as notice can be given to the people of this state : II. Be it therefore enacted, hy the General ^ssemSZt/nje^'J^^a'^act'. of Maryland, That the said act of assembly, to prevent distiUing grain into spirit, shall be in fuU force and effect, to all intents and purposes, during the time therein Hmitted, from and after the last day of March instant, any thing in the said act to the contrary notwithstanding. CHAP. V. An ACT to continue the act of assembly for enlarging the powers of the governor and council, and for other purposes therein mentioned. Be it enacted, hy the General Assembly of Maryland, ^^^^^'^ ""*■ That an act of assembly, entitled, An Act for enlarging the powers of the governor and council, made at a session of assembly, begun and held at the city of Annapolis on Monday the twenty-sixth day of October, in the year of our Lord one thousand seven hundred and seventy-eight, be and is hereby continued, and shall be and remain in fuU force, to the end of the next session of assembly which shall happen after the end of the present session of assembly. II. And, Whereas it is thought expedient to appoint agents residing in this state, and to lodge a discretionary power with the governor and council to procure pro- visions of the bread kind for the continental army: III. Be it enacted. That the governor and council shall ^„o»™™°^ a^ and are hereby authorized, empowered, and requested, P^ichaM^provt to appoint one or more person or persons of respectable ^'™^'*'^ character in each county of this state, and give them a commission to purchase provisions of the species here- after mentioned, to wit: wheat, wheat flour, and wheat bread, for the use of the continental army. IV. Aiid he it enacted. That such person or persons, potatld"^ obUgS when so appointed and commissioned, shall be and are ^'=*'*°- hereby obliged to act under the said appointment and commission, or shall forfeit and pay the sum of one hundred pounds for neglect or refusal. V. And he it enacted. That the person or persons S0botaf&o*° ^^* appointed shall, before he enters on the execution of his office, give bond with good security, before some justice 336 REVOLUTIONARY LEGISLATION. of the peace of the county where he resides, in the penalty of three thousand pounds currency, with condition for the faithful performance of his trust and rendering a full account of all money lodged in his hands, and shall also take the oath of fidelity to this state, and an oath dili- gently and impartially to execute the office of agent for purchasing provisions for the continental army, according to the best of his skill and knowledge; the said bond to be proved by the witnesses thereto, to be lodged by the justice who shall take the same, with the clerk of the county, amongst the county records, and an attested copy from the record shall be good evidence. comdi™may™t VI. And Ic it enacted, Ihsit the governor and coimcil tike flto'\he^ shall be and are hereby authorised, empowered, and gMsession wheat, requested, in case they shall judge it absolutely necessary for the subsistence of the American army, but not other- wise, to direct such agent or agents to take into their possession, for the use of the army of the United States, all wheat, wheat flour, and wheat bread, that may be found in the possession of individuals, more than is necessary for the support of themselves and families for the present year, who shall refuse to sell the same for the price current, the said price to be paid to the owner or possessor, on taking the said provisions out of their possession, la what man- yji_ ^^ jg n enacted, That the said provisions shall ner provisions _ ' ^ ^ ^ may be taken, and may be taken in manner following by the said agent or agents, that is to say: It shall and may be lawful for any one justice of the peace in any county of this state, and he is hereby authorised and required, on informa- tion being made on oath to him by the said agent or agents, of any considerable quantity of the provisions above mentioned being purchased by or in the possession of any individual, who hath refused to sell the same for the price current, to issue his warrant, empowering the informer or informers to seize the same for the use of the continental army; and such justice of the peace shall forthwith call to his assistance two respectable freehold- ers of the same county, not having any provisions of the same kind to sell, who, if the seizure shall be approved of by them, or a majority of them, shall retain the pro- visions so taken, of the species above mentioned, for the use of the continental army; and such justice shall, as soon as may be, transmit a certificate from under his hand, of the quantity and species of provisions so seized, LAWS OF MARYLAND, lllS. 337 to the governor and council, who shall cause the sub- stance of such certificate to be entered on their proceed- ings; and the said justice shall have full power and authority to call on the sheriff of the county, or his deputy, to aid and assist in carrying the powers conferred on such justice by this act respectively into effect, which said sheriff or deputy shall and is hereby required to aid and assist such justice accordingly. Vlil. And he it enacted, That the said justice shall J^f^l^s'"^*"^! and is hereby required, as soon as may be after determin- Ifeat^&c. '" ""^ ing the provisions aforesaid to be liable to seizure, to cause the same to be delivered to the agent or agents aforesaid, he or they paying the current price to the owner or person entitled to receive the same on dehvery; and if there shall be any diversity of opinion respecting the current price, between the owner or person entitled to receive the same and the agent or agents aforesaid, the justice of peace aforesaid, together witji said free- holders, or any two of them, are hereby authorised and required to fix and ascertain what the current price shall be deemed to be. IX. And ie it enacted, That the governor and council cou'^t^'ap^^y shall be and are hereby empowered and requested to^gn™"^^^^ "" apply to congress, from time to time, for all such sums of money as may be necessary to furnish the agents with to pay for the provisions above mentioned, and each agent shall be entitled to a commission of five per cent, on all provisions of the species above mentioned by him respec- tively purchased or seized, and condemned as aforesaid. X. And he it enacted, That all justices and sheriffs, j/j'g^|°^^*«-^^ when called upon, shall be obliged, in virtue of their office, and the oath they have taken or may hereafter take, to do their duty in the premises without favour or affection; and the said freeholders, when called upon, shall b? obliged to attend, on pain of forfeiting the sum of twenty poimds each for every neglect or refusal, and shall sev- erally take an oath, before they enter on the execution of the trust reposed in them, to conduct themselves with impartiality in determining the matters referred to their judgment and decision, which oath the said justice is hereby empowered and required to administer. XI. And he it enacted. That where any wheat shall be 3?,™*'t„*?>,''''^ ' ^ persons to thresh seized in the stack or unthreshed, it shall and may be J^Jj^^H^j,!*'^ ™ lawful for the agent or agents, after the same is valued as above mentioned, to hire proper persons to thresh or 31639°— 18 22 338 KEVOLTJTIONAEY LEGISLATION. Continuance. Preamble. A late act re- vived and con- tinued. tread the same out, and may allow a reasonable reward for such service, to be paid by him or them, and charged to the United States in the account he or they shall ren- der of monies received. XII. This act, so far as relates to the purchase or seiz- ing provisions of the species above mentioned, to con- tinue and be in force until the twentieth day of June next, and no longer. SESSION BEGINNING JULY 22, 1779. OHAP. I. An ACT to revive and continue the late act of assembly to prevent distilling grain into spirit. WHEKEAS the present appearance of a short crop of corn in several places within this state, occasioned by the want of rain and other causes, have rendered it expedient and necessary to revive and continue the late act, entitled, An act to prevent distilling grain iato spirit: II. Be it therefore enacted, iy the General Assembly oj Maryland, That the said late act of assembly, from and after the fourteenth day of August next, shall and is hereby revived and shall be continued in fuU force and effect, until the fifteenth day of November then next; and all persons offending against the same act, after the time first above specified, shall be hable and subject to all the penalties therein mentioned, in the same manner as if the act aforesaid were hereby again particularly re-enacted, any law or custom to the contrary not- withstanding. Preamble. No person to ex- port wheat, &o. OHAP. VII. An ACT to prohibit, for a limited time, the exportation of wheat, flour, rye, Indian corn, rice, bread, beef, pork, bacon, live stock, peas, beans, oats, and other victual. WHEREAS the exportation of wheat, flour, rye, Indian corn, rice, bread, beef, pork, bacon, live stock, peas, beans, oats, and other victual, may at this time be greatly prejudicial to the United States of America. II. Be it therejore enacted, iy the General Assembly of Maryland, That no person or persons, at any time or times during the continuance of the present act, shall, directly or indirectly, export, transport, carry, convey, or cause or procure to be exported, transported, carried, LAWS OF MARYLAND, 1179, 339 or conveyed, out of this state, by land or water, or lade on board, or cause or procure to be laden on board, any ship, or other vessel, in order to be exported or carried out of this state, any wheat, flour, rye, Indian corn, rice, bread, beef, pork, bacon, live stock, peas, beans, oats, or other victual, under the penalties and forfeitures herein after mentioned, that is to say: That all the said com- modities that shall be so exported, shipped, or laden on board, to be exported or carried out, contrary to this act, shaU be forfeited, and that every owner or agent offending therein shall forfeit the sum of two shillings and six-pence for every bushel of wheat, rye, peas, beans, oats, or Indian corn, and the sum of one shilling for every pound weight of beef, pork, bacon, or other dead victual, and the sum of ten shillings for every hun- dred weight of flour, bread, or rice, and the sum of thirty shillings per head for all Uve stock, which shall be so exported, shipped, or put on board, to be exported; and also the ship or other vessel, in or upon which any of the said commodities shall be exported, shipped, or laden, to be exported, and aU her guns, tackle, apparel, and furniture, shall be forfeited; which said forfeitures shall be recovered in the court of admiralty, and the said penalties in the general or any county court of this state; and that the masters or mariners of any such ship or other vessel, wherein any such offence shall be committed, knowing such offence, and wittingly and wilhngly aiding and assisting thereunto, and being thereof duly convicted in the general or county court, shall be imprisoned for the space of three months, with- out bail or mainprize, or may be fined, at the discretion of such court, any sum not exceeding three hundred pounds. III. WHEEEAS grain and other provisions, herein before prohibited to be exported, cannot be brought by water from Pocomoke river, or the soimd thereof, to other parts of this state, without sailing on the waters of Chesapeake bay to the southward of the bounds of this state: IV. Be it enacted, That no grain or other provisions, , ''rata *o. '»- .° ^ ' den on board in laden on board any vessel m Pocomoke river, or the Pooomoice, &c., •' ^ lot liable to seiz- sound thereof, to be bona fide transported to other parts "«• of this state, shall be liable to seizure or forfeiture, though found on the waters of Chesapeake bay below the bounds of this state, and not to the southward of a line 340 BEVOLUTIONAEY LEGISLATION. drawn from the north point of the mouth of Pongoteague creek to the south point of the mouth of the river Patowmack; nor shall any vessel laden with such grain or other provisions, for the purpose of conveyance to other parts of this state, and not found below the line aforesaid, be liable to seizure or forfeiture, any thing herein before contained to the contrary notwithstanding. Naval officers, V. And be it enacted, That it shall and may be lawful «fec. may seize ' j ^^ ai™™dto°b6ex-*° ^^^ ^°^ ^^^ porson or persons, being a naval officer ported, &C. or naval oflBicers, sheriff or sheriffs, or any other person or persons thereto authorised in this behalf by the governor and the council, to take or seize all such of the said commodities, not allowed to be exported by this act, as he or they shall happen to find, know, or discover, to be laden on board any ship or other vessel at sea, or ia any port, or in any navigable river or water, to the uitent or purpose to be exported, transported, or conveyed out of this state, contrary to the true intent of this act, and also the ship or other vessel in which the same shall be found, and to bring the goods, together with the ship or other vessel in which the same have been so found, to some safe and convenient place near which such seizure shall be made, in order to be proceeded agaiast according to law. vesseisiiabieto VI. And he it enacted, That any ship or other vessel, having on board, contrary to this act, any of the above enumerated commodities, more than is necessary for her voyage, as herein directed, shall be liable, after she hath cleared out, or moved out of the harbour where such ship or vessel was laden, upon the master of such ship or vessel refusing to produce proper clearances, to be seized or taken by any ship or vessel belonging to this state, the United States, or either of them; and the captors shall be entitled, after condemnation, to receive the same share or proportion of the vessel and cargo, so seized and condemned, as if the same had been British property; and if seized or taken by any ship or vessel beiQg private property, after she hath cleared out or moved out of the harbour, as aforesaid, the captors shall, after condemnation, be entitled to the whole of such vessel and cargo so seized and condemned. Officers seizing VII. And he it enacted. That every naval officer ressels entitled to . . , , , .■■ „_ atourthpart, &o. seizmg such vcsscl, and any other person or persons informing against any ship or vessel so laden or lading, as aforesaid, shall, on condemnation, be entitled to LAWS OF MARYLAND, lllQ. 341 one fourth part of the value of such ship or vessel and cargo, the value to be ascertained by public sale. VIII. And ie it enacted, That all vessels belonging to vessels beiong- this state shall be allowed provisions suflBicient for the lowed Revisions mariners and passengers for their voyage, not only to " *^ y «> the port of delivery, but also provisions sufficient to bring them back to the port from whence they sailed; and all vessels that do not belong to this state, shall be allowed provisions only to their port of delivery. IX. And ie it enacted, That the master or other person Master, &c. to t ' t IP i?ji , ' ii • deliver an ac- clearmg out any vessel from any oi the ports witmn count or provi- this state, shall deliver to the naval officer an account on oath of all provisions laden or to be laden on board such vessel for the voyage, a copy of which account the naval ofiicer shall make out from under his hand, and annex to the clearance of the said vessel. X. Provided, That nothiag herein contained shaU Proviso, extend, or be construed to extend, to prohibit the gover- nor and the council from giving licence for the trans- porting any of the commodities herein before mentioned, from this state to any port or place out of the same, on the requisition of congress, or a committee of congress, or the application of the minister plenipotentiary of his most christian majesty, or the agent of the marine of France for the United States. And the governor and council are hereby required to inform congress of such supphes, as the said governor and council shall suffer to be exported on the application of the said minister or agent. XI. And provided also, That it shall be lawful for the Proviso, governor and council to give permission to such persons as reside in the adjacent states, and have landed prop- erty within this state, and raise produce thereon, to draw such supplies from their said farms and plantations as they may want for the subsistence of themselves and famihes, such persons previously to such permission making oath, that such supplies are wanted for such purposes and not for sale. XII. Provided also. That in case the governor and coun- Proviso, cil shall at any time think a suspension of this act neces- sary or proper, the governor, with the advice of the council, is herby authorized and empowered, by his proclamation, to permit and suffer the exportation generally out of this state of aU or any of the said com- modities, any thing to the contrary notwithstanding. 342 EEVOLTJTIONABY LEGISLATION. pteadttrgLT^ ^III- ^^ ^« ^* enacted, That if any action or suit shall issue, &c. be commenced against any person or persons for any thing done in pursuance of this act, the defendant or defendants, in any such action or suit, may plead the general issue, and give this act and the special matter in evidence, at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this act; and if it shall appear so to have been done, the jury shall find for the defendant or defendants, and if the plaintiff shall be nonsuit, or discontinue his action after the defendant or defendants shall have appeared, or if judgment shaU be given upon any verdict or demurrer against the plaintiff, the defendant or defendants shall and may recover treble costs, and have the hke remedy for the same as any defendant or defendants hath or have in other cases by law. eoSdli"°ay pe^ ^I^. Provided also, and be it further enacted, That it ^ov^artides*to ^hall and may be lawful for the governor and the coimcil N *2^psiiire *'° permit any inhabitant or inhabitants of this state, ^"^ or any person or persons who shall come recommended by the executive powers of any of the United States, to export, transport, and carry away, any of the above enmnerated articles and commodities, into either of the states of New-Hampshire, Massachusetts-Bay, Provi- dence plantation, or Connecticut, such person and persons, exporting, transporting, or carrying away, any of the articles and commodities aforesaid, and also every seaman on board such vessel, first taking his solemn oath, or (if a quaker, menonist, or dunker) affirmation, "That he or they will not, directly or indirectly, be privy to or concerned in any measure whatsoever which may tend to defeat the arrival of such vessel at the port to which such vessel shall clear out, but that he or they shall and will take every measure to carry into effect the licence granted to such person or persons, for exporting, trans- porting, and carrying away, the articles and commodities aforesaid. ^rV/for'thS ■^^* -^'^ ^* *' enacted, That the shipper or shippers price, cSic. shall first agree with the commissary-general, or person by him duly authorised for such purpose, on the price for which the flour or other articles, shipped imder the licence aforesaid, shall be delivered for the pubhc use at some port in one of the said eastern states. XVI. And, Whereas it hath been recommended by congress to allow the exportation of one thousand bushels LAWS OF MARYLAND, 1119. 343 of Indian corn for the relief of the distressed inhabitants of the islands of Bermuda, which is thought by this general assembly expedient and proper to be complied with under certain limitations : XVII. Be it enacted, That it shaU be lawful for the „„'?°™™°f ^^ ' council may p6r- governor and council to permit any quantity not exceed- ™i^Jn'^™rn ing ten thousand bushels of Indian corn to be transported *" Bermuda, &o. from this state to the said islands of Bermuda, for the relief of the inhabitants thereof, provided there be im- ported by the commander of every vessel applying for such permit, a quantity of salt, for the benefit of the inhabitants of this state, equal to the quantity of corn intended to be carried out, and provided also, that the person exporting the same, and also every person on board such vessel, first taking his solemn oath, or (if a quaker, menonist, or dunker) solemn affirmation, that he or they wiQ not, directly or indirectly, be privy to or concerned in any measure whatsoever which may tend to defeat the arrival of such vessel at the port of her delivery aforesaid, but that he or they shall and will take every measure to carry into effect the licence afore- said, and wiU transmit, or endeavour to transmit, to the governor and council, a certificate, imder the signature of at least two of the principal inhabitants of the said islands, of the delivery and faithful application of said provision, in case the same shall arrive. XVTII. And, Whereas it hath been represented, that the indulgence heretofore granted for the exportation of provisions hath been greatly abused, the same being carried out in many instances in vessels that were heavy sailers, and for the most part unarmed, by means whereof great part of the flour and other provisions hath been captured by the enemy: XIX. Be it enacted, That in all cases where permits are golmuers!* &l requested in virtue of this act, before the same are granted, the person or persons applying for the same shall make it appear, to the satisfaction of the governor and council, that the vessel in which the same is about to be transported is a good sailer and well manned and armed; if otherwise, the said vessel, when loaded, not to be allowed to sail from the port or place where the cargo be shipped, imtil satisfaction be given to the governor and council that such vessel is about to sail imder convoy, any thing in the above act to the contrary notwithstand- ing. 344 KEVOLUTIOS'AR.y LEGISLATION. Owners of ves- sels, &B to for- feit treble " value, &a. Continuance, XX. And he it enacted, That if any vessel belonging to *^^ the state of Maryland shall sail from hence with provisions contrary to the prohibitions contained in this act, with- out any clearance, the owner thereof shall forfeit treble the value of the vessel and cargo, to be recovered by in- dictment or information in the name of the state, one haH to the use of the informer; and moreover, if such vessel return into this state, she, together with her tackle, apparel, and furniture, shall be liable to seizure and condemnation in the court of admiralty. XXI. This act to continue and be in force, from and after the end of this present session of assembly, until the end of the next session of assembly which shall happen thereafter. CHAP. XVII. An ACT for the more effectual preventing forestalling and engrosBing, and for other purposes therein mentioned. Preamble. WHEREAS all cndeavours to enhance the common price of merchandise or the necessaries of life, and all practices for that purpose, ought to be restrained as far possible, and the wicked arts and avarice of forestallers and engrossers in this state having hitherto eluded the salutary laws made to punish and prevent such grievous and oppressive practices: oods^&c''"ram? ■'■■'■• ^^ ^* enacted hy the General Assembly of Maryland, mg |^-™|'^|^That if any person shall buy, or cause to be bought, any ej'^.y °^^ *>"• goods, wares, or merchandise, coming to any market or fair within this state, to be sold in such market or fair, or coming to any city, town, port, harbour, haven, or creek, within this state, to be sold, or shall make any bargain, contract, or promise, for the having or buying of any goods, wares, or merchandise, or any part thereof, so coming as aforesaid, before the same shall be in the market, fair, city, town, port harbour, haven, or creek, ready there to be sold, or shall induce any person coming to this state, or to any market or fair therein, to abstain or forbear to bring any goods, wares, or merchandise, to this state or any part thereof, shall be adjudged a forestaUer, and on conviction thereof in the general or any county court, shall be fined by the court not ex- ceeding five thousand pounds, or imprisoned not exceed- ing one year, or both, in the discretion of the court. Provided that the buying any goods, wares, or merchan- dise, coming to market, by any person for the use and LAWS OF MARYLAND, 1779. 345 consumption of himself or family for a year, shall not be deemed forestalling. III. And he it enacted, That if any person within this ^y^^fj'^i,""^^^ state shaU buy to sell again within this state, or in anjl^^^^J^^^^^l'^^^ of the adjoining states, any butter, beef, pork, cotton,*"- wool, flax, woollens, hemp, tallow, raw hides, tanned leather, shoes, or salt, of the produce or growth of, or raised or manufactured in, this state, or if any person within this state shall obtain or get into his hands, by buying, contracting, or promise taking (other than by demise, grant, or lease of land, or in payment for debt heretofore created) any goods, wares, or merchandise, within this state, except from the original importer or manufacturer, with intent to sell the same again within this state, or in any of the adjoining states, such person shall be adjudged an engrosser, and, on conviction thereof in the general or any county court, shall forfeit any of the articles aforesaid so bought or got into his possession, one half to the state and the other half to the informer, and may be fined not exceeding five thousand pounds, or imprisoned not exceeding one year, or both, in the discretion of the court. IV. Provided always, and it is hereby declared. That the ^'o^**"- buying of any goods, wares, or merchandise, by any agent of this or the United States, for the pubUc use, or the purchasing materials for the carrying on manufac- tories, and so converted in the house of the purchaser, or the buying of provisions by any Ucensed ordinary-keeper for the use of his ordinary, shall not be deemed engross- ing within this act. V. And he it enacted^ That no person shall purchase any goJ™^"^ °°j^^ goods imported into, or manufactured within, this state, |°°^'|^;'"'^*° to sell, barter or exchange again, unless he shall purchase the same from the original importer or manufacturer, under the penalty of forfeiting the goods so purchased, one half to the state and the other half to the informer, and under the further penalty of one thousand pounds for each offence: but this restraint shall not extend to licensed ordinary-keepers, so as to prohibit them from purchasing liquors and other necessaries for the common use of their ordinaries. VI. And he it enacted, That every retailer shall sell^jfJ'^^J^JI^'"'^. goods purchased of the importer or manufacturer, f or ™'"'*' *"■ ready money if required, at not more than the rate of thirty per centum profit on the purchase money paid to 346 REVOLUTIONARY LEGISLATION. the importer or manufacturer, and the charges of trans- portation or carriage to the place where exposed to sale, except the articles of salt and brown sugar, which shall be sold at not more than thirty-five per centum profit on the purchase money, and the charges aforesaid; and the purchaser, if a resident of this state, or if he sell the same by retail within this state, shall deUver into the clerk's office of the county where he resides, as soon as may be, an invoice or hst on oath, or (if a menonist, quaker, or dunker) affirmation, signed by the importer and the pur- chaser, of all the goods, wares, or merchandise, bought by such purchaser, and the price thereof; and the person so selling as importer, if a resident, shall, under the penalty of one thousand pounds, make oath before a jus- tice of the peace, that he is the original importer of the goods, wares, and merchandise, mentioned in such list or invoice to have been imported by him or on his account ; and the retailer shall make oath in like manner, imder the penalty of two thousand pounds, that he will not, directly or indirectly, sell any part or parcel of the goods mentioned in the said hst or invoice for more than the advance by this act fimited and ascertained; which said oaths shall be written at the foot of such hst or invoice; and such purchaser or retailer shall not, directly or indi- rectly, seU or offer to expose to sale, any part or parcel of the goods so bought from the importer or manufacturer, until such hst or invoice, proved as aforesaid, shall be dehvered to the county clerk as aforesaid, and a copy , thereof attested by the said clerk shall be set up by the said retailer in the most pubhc place of the shop or store I where the same shall be exposed to sale, there to be sub- ' ject to the inspection and examination of every person offering to buy the same, Tmder the penalty of five thou- sand pounds. And if any such retailer shall refuse to sell any goods, wares, or merchandise, at the price above limited, for ready money if required, he shall forfeit and pay five pounds for each refusal. And if any importer shall refuse or neglect to sign such list as aforesaid, or any purchaser shall refuse or neglect to register the price, or lodge and keep for inspection the list or invoice as aforesaid, which they are hereby respectively enjoined and required to do, the offender shall, on conviction in the general or county court of his coimty, forfeit and pay treble the value of the goods bought, and also suffer im- prisonment without bail or mainprize, at the discretion LAWS OF MARYLAND, 17'79. 347 of the court where tried, not exceeding twelve months. And if such goods, wares, or merchandise, be wholly im- ported by any person or persons who are non-residents, the vessel wherein the same were imported shall not be cleared out at the naval office, before the price be there registered, "and hsts on oath, or (if a menonist, quaker, or dunker) afiirmation, signed by such importer or im- porters, lodged as aforesaid; and the purchaser or pur- chasers from such importer shall, and he is hereby re- quired, under the penalty of five thousand pounds, to register the price, by lodging a Mst on oath or affirmation, as aforesaid, signed and countersigned as aforesaid, of the goods, wares, and merchandises, so purchased, in the coimty court office of his county: all of which lists shall be filed by the county clerk or naval officer respectively, and kept safe for the inspection of such as may apply for a sight or copy thereof ; and such fist or hsts, or an at- tested copy thereof, shall be evidence on a prosecution or suit against the retailer. VII. And, Whereas the venders of goods in this state, may still have on their hands goods, wares, and mer- chandise, by them heretofore purchased, under pretext and colour of which they may abuse the good people of this state, by demanding and receiving extravagant and enormous prices for goods hereafter to be pm-chased: For prevention whereof, VIII. Be it enacted, That all and every vender andgo^^*"'^»Js.^| venders of goods in this state, not being an importer or 5°^*"^ ^^^ manufacturer, shall, and they are hereby required and*"- directed, forthwith to make out, on oath or affirmation as aforesaid, a list or invoice of all goods, wares or mer- chandises in his or their hands, custody and possession, together with the price or prices, that he or they gave for the same; which said list or invoice shall be set up as aforesaid, in the most public place of the shop or store where the same shall be exposed to sale, there to be subject to the inspection and examination of every pur- chaser; which said goods, wares and merchandises, the said retailer is hereby directed, and required to sell at the rates herein before respectively limited and required, under the penalty of one thousand pounds. And if any person after the end of this session of assembly, shall presume to sell or expose to sale, any goods, wares or merchandises, that he may before that time have pur- chased, without complying with the directions of this act, 348 KEVOLUTIONAEY LEGISLATION. such person shall forfeit and pay the sum of five thousand pounds. pu?oTase°con"- ^^- -^""^ ^^ '*'* ^nade^, That no person shall purchase from°the original ^"^^ goods, wares or merchandise, condemned in the again *io^' *" ^°" °°^^* °^ admiralty, from the original purchaser thereof, to sell, barter, or exchange again, and the original pur- chaser shall sell the same, reserving sufficient for the use of himself and his family for one year, for ready money, if required, at not more than the rate of thirty per cent, profit on the purchase money, and the charges of trans- portation or carriage to the place where exposed to sale, except the articles of salt and brown sugar, which shall be sold at not more than thirty five per centum profit on the purchase money, with the charges aforesaid; pro- vided, that if the owners of any prize become purchasers, they shall be construed as importers, and not retailers. Penalty on per- X. ATid Ic it enacted, That if such purchaser of con- seii at the price (Jemned goods shall refuse to sell at the price above limited for ready money, if required, he shall forfeit and pay five pounds for each refusal. Goods, &o. not XI. And ie it enacted, That no goods, wares or mer- vendue. chandise, shall be exposed to sale by public vendue, (except houshold furniture, goods condemned in the court of admiralty, or sold under contract for that pur- pose heretofore made, or by distress for rent, or by process out of the courts of law or equity, or the goods of any deceased person by the executor or administrator of such deceased person) under penalty of one thousand pounds on the person selling at such vendue. Proviso. XII. Provided always, and he it enacted, That it shall and may be lawful for the owner or owners of any ship or other vessel, to sell such ship or vessel at public sale, and for any person removing out of this state, or from one county to another, having personal property, to expose the same to sale by public vendue, any thing herein contained to the contrary notwithstanding. Persons not to XIII. And he it enacted, That it shall not be lawful transport clotnes, &o. fit for soldiers for any person or persons whatsoever, to carry or trans- port, or attempt to carry or transport, out of this state, either by land or water, any woollen cloth, imported into or manufactured therein, proper for officers and soldiers, or any hats, blankets, shoes, stockings, wool, flax, leather, or any salt exceeding three bushels in quantity, for the use of any one family, without the order or hcence of the governor and council first had and obtained, imder LAWS OF MARYLAND, 1179. 349 penalty of seizure and confiscation, one half of the goods and merchandise so seized to be for the use of the person or persons seizing the same, the other half to the use of this state, any thing herein contained to the contrary notwithstanding. XIV. Provided always, and he it enacted, That nothing Proviso, herein contained shall be deemed, construed or taken, to prohibit the exporting, or carrying out of this state any goods, wares or merchandises, the property of the United States, or any of them, or of any person not being an inhabitant of this state, or of any inhabitant of this state to any lands or plantations belonging to suoh inhabitant, so that such goods, wares and merchandise, be used on the said lands or plantations. XV. And, Whereas the wicked arts of speculators, forestaUers and engrossers, who infest every part of the country, and are industriously purchasing up grain and flour at the most exorbitant prices, render it impracti- cable to obtain timely and sufficient supplies for the operations of the army and navy, unless the most vigor- ous measures are without delay adopted: XVI. Be it therefore enacted. That it shall and may Any justice , , . , J. • i- J! ii • , may cause grain, be lawtul tor any one justice oi the peace m any county &c. engrossed, of this state, and he is hereby authorised and required, on information being made on oath, of any extraordinary quantity of grain or flom" being purchased by, or in the possession of, any individual inhabiting, residing, or being, within this state, who may have engrossed the same, to issue his warrant, empowering the informer or informers to seize the same for the use of the United States; and such justice of the peace shall forthwith call to his assistance two other justices of the peace of the same county, who (if the seizure shall be ap- proved of by them, or a majority of them) shall re- tain the flour or grain so seized for the use of the said states, and shall, as soon as may be, transmit a certifi- cate from \mder their hands of the quantity of grain or flour so seized, to the governor and council, who shall cause the substance of such certiflcate to be entered on their proceedings; and the said justices, or any two of them, shall have full power and authority to call on the sheriff of the county, or his deputy, to aid and assist them in carrying this act into effect, which said sheriff, or deputy, shall and is hereby required to aid and assist such justices accordingly. 350 REVOLUTIONARY LEGISLATION. causeWchCTain" XVII. And he it enacted, That the said justices, or ered to the com- ^^J two of them, shaU, and they are hereby required, missary - general, ^g g^^j^ ^ ^^^^ ^^ after determining the grain or flour aforesaid to be hable to seizure, to cause the same to be deUvered to the commissary-general, quarter-master- general, or either of their deputies, he or they paying the current price to the owner or person entitled to receive the same; and if there shaU be any diversity of opinion respecting the current price between the owner or per- son entitled to receive the same, and the commissary- general, quarter-master-general, or either of their depu- ties, the justice* of peace aforesaid, or any two of them, are hereby authorised and required to fix and ascertain what the current price shall be deemed to be. And the said justices, or any two of them, shall, and they are hereby required, immediately, on determining the grain or flour so seized to have been engrossed, to bind over the said engrosser or engrossers, if present, by bond or recognizance with good security, to be approved of by such justices, to appear at the next general court to be held for the shore where the said grain or flour shall be so engrossed, there to answer for the offence aforesaid, or in default of finding such security, shall commit the said offender or offenders to gaol, there to remain until deUvered by due course of law. And if such engrosser or engrossers be absent, or shall reside in any other county within this state, the said justices, or any two of them, shall issue their warrant, directed to the sheriff of the county where the party or parties reside or may be found, to apprehend him or them, and when apprehended, such sheriff shall carry the party or parties before some justice of the county where apprehended, who shall bind him or them over as above directed. XVIII. And, Whereas it is represented to this present general assembly, that the price of salt hath been greatly enhanced by divers persons buying up the same and keeping the price unregistered, with intent to sell the same at most exorbitant rates, in direct violation of the laws heretofore made, which hath been foimd insufficient to prevent such evil practices: For remedy whereof. Any one justice XIX. Be it enucted, That it shall and may be lawful may cause en- . . « , . j- ^i • grossers of salt to f Qr anv onc lusticc 01 the peace m any county oi this be brought be- "^ , , ■ , , ,i • i i ■ i • j fore him, &c. state, and he is hereby authorised and required, on mior- mation being made to him on oath or affirmation as aforesaid, by one or more credible witness or witnesses, 1119. 351 of any extraordinary quantity of salt being purchased by, or in the possession of, any individual, inhabiting, residing, or being, within this state, who may have engrossed the same, and that the price thereof hath not been duly registered in the naval office or county court office, agreeable to the directions of the act, entitled, An act for the more effectual preventing forestalling and engrossing, and for other purposes therehi mentioned, to issue his warrant, directed to the sheriff of the county, to cause such person or persons to come before him, or some other justice of the peace for the coimty aforesaid, and if such person or persons, when brought before a magistrate, shall neglect or refuse to discover, on oath or affirmation as aforesaid, the price for which such salt was purchased, and give bond, in double the value of said salt, payable to this state, with good security, to be approved of by such justice, to sell the same at not more than thirty-five per cent, advance on the cost, it shall and may be lawful for the justice before whom such offender may be brought, and he is hereby required to call in two other justices of the peace of the same county to his assistance, and the said justices, or any two of them, may take possession of said salt, and cause the same to be sold out at retail, in quantities not exceeding one peck for each person in the family of the purchaser, to any one person, at not more than thirty-five per cent. advance on the cost, according to the best information they can. get, and shall and may retain sufficient to pay a person to be employed by them to sell and dehver out said salt, and shall pay the overplus to the owner or other person entitled to receive the same. And the said justices, or any two of them, shall have fuU power and authority to call on the sheriff, or his deputy, to aid and assist them in carrying this act into execution, which said sheriff or deputy, shall, and is hereby re- quired to aid and assist such justices accordingly; and such engrosser or engrossers of salt, grain or flour, shall, on conviction, be punished by fine not exceeding treble the value of the merchandise so engrossed, and also by imprisonment, at the discretion of the court where tried, not exceeding twelve months, without bail or mainprize. XX. And he it enacted, That the said justices, or any ^j^J^stj]«»s^to ^ind two of them, shall, and they are hereby required, imme- «Jfg t°jj»P^^«'>Jy »' diately on determining such salt to have been engrossed, *"• 352 EEVOLTJTIONA.EY LEGISLATION. to bind over sucli engrosser, if present, by bond or recognizance with good security, to appear at the next general court to be held for the shore where the said salt shall be engrossed, there to answer for the offence aforesaid, or in default thereof shall commit such of- fender to gaol, there to remata untU delivered by due course of law; and if such engrosser be absent, or shall reside in any other county within this state, the said justices, or any two of them, shall issue their warrant, directed to the sheriff of the county where the party doth reside, or may be found, to apprehend such offender, and when apprehended such sheriff shall carry the party before some justice of the county where apprehended, who shall bind him over as above directed. tif3™&o!Vr'neJ XXI. And he it enacted, That in case any justice or leotofduty. sheriff, being called upon, shall refuse or neglect to do his duty as by this law required, he shall forfeit and pay the sum of five hundred pounds for each refusal or neglect. more^'sait''*ttian XXII. And he it further enacted, That if any person or ae OTerpius, &c! persons in this state, hath or have purchased or laid up more salt than shall be sufficient for the use of his or their family or families for one year from this time, rating and allowing one peck of salt for each person in a family, such person or persons shall sell the overplus to the inhabitants of this state by retail, at the same rate and in the same manner and proportion as the persons who have engrossed salt as above mentioned are directed to sell the same ; and if any person shall refuse to sell the overplus of his salt at the rate and manner aforesaid, he shall forfeit for every offence the sum of five pounds current money, and the overplus of his salt so refused to be sold, one half to the informer and the other half to the use of this state, gunty'o^mgross- XXIII. And he it enacted, That if any continental times' ^e^vihie ^S^^^i ^^ Other person in office under any appointment *"■ made by this state or the United States, shall be guilty of engrossing any grain, fiour, or salt, or any other goods, wares or merchandises whatsoever, contrary to the true intent and meaning of this act, such agent or other per- son in office shall, on conviction, be fined by the court where tried four times the value of the article or articles so engrossed, shall be rendered incapable of holding and enjoying any place or office of trust or profit in this state, and may also be imprisoned, at the discretion of said LAWS OF MARYLAND, 1'7'79. 353 court, for any time not exceeding twelve months, with- out bail or mainprize. XXIV. And he it enacted, That if any action or suit iJ'g^^J^^d/"*^^ shall be commenced against any person or persons for '^^"*' *"■ any thing done in pursuance of this act, the defendant or defendants in any such action or suit may plead the general issue, and give this act and the special matter in evidence, at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this act, and if it shall appear so to have been done, the jury shall find for the defendant or defendants, and if the plaintiff shall be nonsuit, or discontinue his action after the defendant or defendants shall have appeared, or if judg- ment shall be given upon any verdict or demurrer against the plaintiff, the defendant or defendants shall and may recover treble costs, and have the like remedy for the same as any defendant or defendants hath or have in other cases at law. XXV. And be it enacted, That no person or persons ^^fo^/^JJ^j^^^ whatever shall be permitted to act as commissary-gen- ^IJ^'^j*^^''" ''" eral, quarter-master-general, or as deputy to either, within this state, before he hath first been licensed by the governor and council of this state; and all persons applying for such license shall produce their commission to the governor and council, who on examination thereof shall cause the date of such commission and the name of the person producing the same to be registered on their proceedings, and may if they think it expedient give a license to such commissary-general, quarter-master-gen- eral, or either of their deputies, to purchase and act within this state; and the governor and council are hereby requested to transmit to the clerks of the several counties a hst of the names gf all persons by them licensed as aforesaid, which said list shall be deposited among the records of each county, and also publish the names of all the continental agents by them licensed as aforesaid in the Baltimore and Annapolis Gazettes, that the same may be known to the inhabitants of this state; and any person or persons whatever, presuming to act as com- missary-general, quarter-master-general, or deputy to either, within this state, without such license, shall and may be arrested, by order of the committee of each county hereafter appointed, and committed to gaol, there to remain until such offender will give sufficient security 37639—18 ^23 354 REVOLUTIONARY LEGISLATION. for his good behaviour in the premises for the future, or obtain such licence as aforesaid, any law, usage, or cus- tom, to the contrary notwithstanding. XXVI. And, Whereas the salutary laws heretofore made to prevent punishing forestalling and engrossing, and other purposes therein mentioned, have not been duly executed, by means whereof, and by the evil prac- tices of speculators, our currency hath been depreciated, and the state brought into danger of bankruptcy and total destruction; for remedy whereof it is thought necessary to institute committees in each county of this state: coSStteemen^' XXVII. Be it therefore enacted, That James Jordan, John Reeder, William Hermsly, Woolfred Neal, Robert Armstrong, James Roach, and William Thomas, shall be and are hereby constituted a committee in Saint Mary's county; that Joseph Nicholson, William Granger, John Moore, John Rolph, senior, Charles Groome, Isaac Free- man, and Thomas Vandyke, shall be and are hereby con- stituted a committee in Kent county; that Thomas Watkins, William Brogden, Joseph Meriken, Rezin Ham- mond, John Brice, Richard Stringer, and Michael Pue, shall be and are hereby constituted a committee in Anne- Arundel county; that Alexander Somerville, doctor Ed- ward Johnson, Joseph Blake, James Weems, junior, William Lyles, Samuel Hance, and Edmund Clare, shall be and are hereby constituted a committee in Calvert county; that Gerard Fowke, Thomas Sims, Theophilus Hanson, Gerard Blackiston Causeen, Benjamin Fendall, Theophilus Yeates, and captain William Macpherson, shall be and are hereby constituted a committee in Charles county; that John Winder, Thomas Hayward, John Dashiell, Richard Waters, senior, Ephraim Stevens, George Dashiell, and Thomas King, shall be and are hereby constituted a committee in Somerset county; that John Bracco, Peregrine Tilghman, Henry Banning, Sam- uel Chamberlaine, Thomas Gordon, Samuel Thomas, and Lloyd Tilghman, shall be and are hereby constituted a committee in Talbot county; that Henry Hollings worth, Patrick Ewing, Edward Parker, Benjamin Brevard, David Mackey, Jeremiah Baker, and David Smith, shall be and are hereby constituted a committee in Caecil county; that Bartholomew Ennalls, John Goldsborough, colonel Joseph Ennalls, Thomas Ennalls (Blackwater), Daniel Sulivane, Joseph DaflBn, and John Anderson, shall LAWS 01' MARYLAND, 1'7'79. 355 be and are hereby constituted a committee in Dorchester county; that Darby Lux, Esq; Zachariah Barret Onion, Thomas Cradock, Lloyd Goodwin, Englehert Yeiser, Benjamin Nicholson, and Nicholas Britton, shall be and are hereby constituted a committee in Baltimore county; that William Beanes, Robert Darnall, Richard Duckett, junior, James Hawkins, Levin Covington, Ignatius Wheeler, Robert Dick, Samuel Tyler, and Notley Young, shall be and are hereby constituted a committee in Prince- George's county; that Thomas Wright, Nathaniel Wright, John Thompson, John Dames, and James Barnes, shall be and are hereby constituted a committee in Queen- Anne's county; that Ephraim Howard, Abraham Huff, captain Jacob Schley, Robert Wood, captain Jacob Good, Ralph Hilleary, Phihp Meroney, Van Swearingen, and Benjamin Ogle, shall be and are hereby constituted a committee in Frederick county; that Joseph Dashiell, Robert Done, Samuel Handy, William Morris, Thomas Martin, Thomas Purnell of Thomas, and Solomon Long, shall be and are hereby constituted a committee in Worces- ter county; that Richard Dallum, Samuel Calwell, Sam- uel Durham, Alexander Rigdon, and Samuel Smith, shall be and are hereby constituted a committee in Harford county; that Thomas Goldsborough, Henry Dickinson, Charles Daffin, William Douglass, and Peter Rich, shall be and are hereby constituted a committee in Caroline county; that Thomas Sprigg, Thomas Belt, James Chap- lin, Charles Swearingen, William Beard, Frederick Stid- engar, and George Shaver, shall be and are hereby con- stituted a committee in Washington county; that John Murdock, doctor Walter Smith, Richard Wootton, Rich- ard Brooke, Francis Deakins, Thomas Johns, and Law- rence Oneal, shall be and are hereby constituted a com- mittee in Montgomery county. XXVIII. And le it enacted, That the said committees ^jT^eand^^'a™ shall meet at the place where the county court is usually *"• held in their respective counties, on the first day of Sep- tember, and as often after as may be necessary, and before they proceed to act, shall take the following oath before some justice of the peace, who is hereby directed to administer the same, to wit: "I, A. B. do swear, that I win diligently, faithfully and impartially execute the trust reposed in me as a committee-man for the county of according to the directions of an act, entitled, An act for the more effectual preventing fore- 356 REVOLUTIONAEY LEGISLATION. stalling and engrossing, and for other purposes therein mentioned." So help me God. And a majority of the said committee, when met, whether on adjournment or otherwise, shall be sufficient to proceed to business; and the said committee, and each and every of them, may appoint a clerk, and shall be paid their reasonable expences by the county where they reside, to be assessed and levied as other county charges are assessed and levied. using* fnsuYtTng XXIX. And he it enacted, That if any person shall anguage, o. ^gg ijjsulting or abusivc language to any committee-man, when in execution of his office, upon complaint thereof to the next county court, he shall be fined at the discre- tion of said court, not exceeding one hundred pounds current money, conmittee^mcn XXX. And he it enacted, That if any committee-man refusing to serve, ^y ^]^-g ^^^ appointed, shall refuse to serve, not having a lawful excuse in the opinion of the county court of his county, such committee-man for such refusal shall forfeit the sum of fifty pounds current money, and the committee, or a majority of them, shall, upon the refusal of any committee-man to act as aforesaid, or should any committee-man die, or be otherwise rendered incapable to discharge the duties of this act, proceed to chuse some fit person to act in his room, who shall, previous to his acting, take the same oath as the committees aforesaid are directed to take, and also the oath prescribed by an act, entitled. An act to punish certain crimes and mis- demeanors, and prevent the growth of toryism, which oaths any of the said committee may administer. comSee"' the XXXL Aifid he it enacted, That the said committees, and every committee-man in each county, shall have full power and authority, and they are hereby directed, to make diligent enquiry throughout their county of all breaches against this act, and shall have all the power and authority of justices of the peace, to call all persons before them against whom information shall be made on oath, or the affirmation of a quaker, menonist or dunker, as offenders against this act, and may bind them over with sufficient security, to appear at the next general or county court, as the case may require, or for default of such security may commit the offender to gaol, there to remain until dehvered by due course of law; and if the conmiittee aforesaid, or any committee-man, shall have reason to believe that any person or persons can give LAWS OP MARYLAND, 1'7'79. 357 information of any offence being committed against this act, they shall immediately cause such person or persons to come before them, who shall be examined on oath, and if need be, shall compel such person to enter into recognizance for his, her or their appearance, to testify against such offender. XXXII. Andle it enacted, That the several committees „p°eTScrip° in the respective counties be authorised and required to iig°^J°''ey °2c7' open subscriptions for the purpose of borrowing money on loan-office certificates for the use of the United States, specifying the names of the lenders, and the sums lent, one half of the sum subscribed to be paid into the conti- nental loan-office in this state on or before the first day of October next, and the residue on or before the first day of January next; and the said committees are directed from time to time to send copies of the said subscription to the commissioner of the continental loan-office in this state. XXXIII. This act to continue until the end of the continuance, next session of assembly. CHAP. XX. An ACT to continue the act of assembly for enlarging the powers of the governor and council, and for other purposes therein men- tioned. Be it enacted, by the General Assembly of Maryland, ^^ *<" contin- That an act of assembly, entitled, An act for enlarging the powers of the governer and council, made at a session of assembly, begun and held at the city of Annapolis, on Monday the twenty-sixth day of October, in the year of our Lord one thousand seven hundred and seventy-eight, be and is hereby continued and shall be and remain in full force, to the end of the next session of assembly which shall happen after the end of the present session of assembly. II. And be it enacted, That the governor and the council 50^™°°'' ^^^use shall be and are hereby authorised and requested to ™''=™p^'™||, *" cause subscriptions to be opened in the several counties of this state, agreeable to the requisition of congress of the twenty-ninth day of June last past, for borrowing the sum of twenty millions of dollars on the faith of the United States; and the governor and the council are hereby authorised and requested to appoint persons of 358 REVOLUTIONARY LEGISLATION. character and influence in every county to receive sub- scriptions, and transmit the same to the commissioner of the continental loan-office in this state, and also to trans- mit to the persons so appointed, and to such persons as are invested with the like authority by the act, entitled, An act for the more effectual preventing forestalUng and engrossing, and for other purposes therein mentioned, a subscription-paper, together with a copy of the said requisition; and for that purpose the governor and the council are hereby requested to cause a sufficient number of such subscription-papers and copies of the said requisi- tion, to be struck off by the printer at the public expence. SESSION BEGINNING NOVEMBER 8, 1779, CHAP. XVI. An ACT to prohibit, for a limited time, the exportation of wheat, flour, rye, Indian corn, rice, bread, beef, pork, bacon, live stock, peas, beans, oata, and other victual. Preamble. WHEREAS the exportation of wheat, flour, rye, Indian cqrn, rice, bread, beef, pork, bacon, live stock, peas, beans, oats, and other victual, may at this time be greatly prejudicial to the United States of America: No person fo II. Be it therefore enacted, iy the General AssemMy of eipor w ea c. jj^^j.y^^j^^^ That no person or persons, at anj'' time or times during the continuance of the present act, shall, directly or indirectly, export, transport, carry, convey, or cause or procure to be exported, transported, carried, or conveyed, out of this state, by land or water, or lade on board, or cause or procure to be laden on board, any ship or other vessel, in order to be exported or carried out of this state, any wheat, flour, rye, Indian com, rice, bread, beef, pork, bacon, live stock, peas, beans, oats, or other victual, under the penalties and forfeitures herein after mentioned; that is to say: That all the said commodities that shall be so exported, shipped, or laden on board, to be exported or carried out, contrary to this act, shall be forfeited, and that every owner or agent offending therein shall forfeit the sum of ten pounds for every bushel of wheat, rye, peas, beans, oats, or Indian corn, and the sum of ten shillings for every pound weight of beef, pork, bacon, or other dead victual, and the sum of sixty pounds for every hundred weight of flour, bread, or rice, and the sum of thirty pounds per head for aU live stock, which shall LAWS OF MARYLAND, 1'7'79. 359 be so exported, shipped or piit on board to be exported, and also the ship or other vessel in or upon which any of the said commodities shall be exported, shipped or laden to be exported, and all her guns, tackle, apparel, and furniture shall be forfeited; which said forfeitures shall be recovered in the court of admiralty, and the said penalties in the general or any county court of this state; and that the masters or mariners of any such ship or other vessel, wherein any such offence shall be committed, knowing such offence, and wittingly and willingly aiding and assisting thereunto, and being thereof duly convincted in the general or county court, shall be imprisoned for the space of three months without bail or mainprise, or may be fined, at the discretion of such court, any sum not exceeding one thousand pounds. III. WHEREAS grain and other provisions, herein before prohibited to be exported, cannot be brought by water from Pocomoke river, or the sound thereof, to other parts of this state, without sailing on the waters of Chesapeak bay to the southward of the bounds of this state: IV. Be it enacted, That no grain or other provisions, in p''oiM^ke*no° laden on board any vessel in Pocomoke river, or the '^^'^ ^ seiz'ure, sound thereof, to be hona fide transported to other parts of this state, shall be Uable to seizure or forfeiture, though found on the waters of Chesapeak bay below the bounds of this state, and not to the southward of a Une drawn from the north point of the mouth of Pongoteague creek to the south point of the mouth of the river Patowmack; nor shall any vessel laden with such grain or other provisions, for the purpose of conveyance to other parts of this state, and not found below the line aforesaid, be liable to seizure or forfeiture, any thing herein before contained to the contrary notwithstanding. V. And he it enacted, That it shall and may be lawful . Navai officers, ' '^ &c. ma^ seize to and for any person or persons, being a naval officer »o™^^o^ XVII. Be it enacted, That it shall be lawful for the to" e^ramportS govcmor and council to permit any quantity not exceed- to Bermuda, &c. j^g |.g^ thousand bushels of Indian com, to be transported from this state to the said islands of Bermuda, for the relief of the inhabitants thereof, provided there be imported by the commander of every vessel applying for such permit, a quantity of salt, for the benefit of the inhabi- tants of this state, equal to the quantity of corn intended , to be carried out, and provided also, that the person ex- porting the same, and also every person on board such vessel, first taking his solemn oath, or (if a quaker, meno- nist or dunker) solemn aflBrmation, that he or they will not, directly or indirectly, be privy to or concerned in any measure whatsoever which may tend to defeat the arrival of such vessel at the port of her defivery afore- said, but that he or they shall and will take every measiu-e to carry into effect the licence aforesaid, and will transmit or endeavour to transmit, to the governor and council, a certificate under the signature of at least two of the prin- cipal inhabitants of the said islands, of the dehvery and LAWS OF MARYLAND, 1'?'79. 363 faithful application of said provision, in case the same shall arrive. XVIII. And, Whereas it hath been represented, that the indulgence heretofore granted for the exportation of provisions hath been greatly abused, the same being carried out in many instances in vessels that were heavy sailers, and for the most part unarmed, by means whereof great part of the flour and other provisions hath been captured by the enemy: XIX. Be it enacted, That in all cases where permits i„|'fJJ"^^^PjP'|'o are requested in virtue of this act, before the same ^'!:^'xaba^isii^^ granted, the person or persons applying for the same shall *"• make it appear, to the satisfaction of the governor and council, that the vessel in which the same is about to be transported is a good sailer, and well manned and armed; if otherwise, the said vessel, when loaded, not to be allowed to sail from the port or place where the cargo be shipped, until satisfaction be given to the governor and council that such vessel is about to sail under convoy, any thing in the above act to the contrary notwithstanding. XX. And he it enacted. That if any vessel belonging ^^JJ^^^o^^f^JISf to the state of Maryland shall sail from hence with pro- f^fj- "^ye*" the visions, contrary to the prohibitions contained in this ^*'"°' ^"^ act, without any clearance, the owner thereof shall for- feit treble the value of the vessel and cargo, to be recov- ered by indictment or information, in the name of the state, one-half to the use of the informer, and moreover, if such vessel return into this state, she, together with her tackle, apparel, and furniture, shall be liable to seiz- ure and condenmation in the court of admiralty. XXI. And he it enacted, That if any of the articles herein ^ f " of; efu i" enumerated shall be carried out, or attempted to be ^^^^'^"8 any,pK^ carried out, of this state, contrary to this act, either on ^"J °' *''® ^^^''^ horses or other beast of burthen, or in any waggon, cart, or other carriage, the same, together with the horses, oxen, or other beasts, employed in such service, and their gears, and harness, shall be forfeited, the whole to the informer or informers. XXII. This act to contuiue and be ia force from and continuance. after the end of this present session of assembly, until the end of the next session of assembly which shall happen thereafter. 364 REVOLUTIONARY LEGISLATION. CHAP. XVII. An ACT for enlarging the powers of the governor and council. Preamble. WHEREAS in times of imminent danger, it is neces- sary for the safety and protection of the state, that extraordinary powers be vested in the governor and council, and it is at all times necessary, that a proper respect and regard be paid to the supreme executive authority: vision!°lo.*givOT- ^^- ^^ *^ enacted, hy the General Assemily of Maryland, may ^Jausr'dan! That during any invasion of this or any of the neighbouring le arre?ted°&o."' ^t^*^^ o^ Virginia, Pennsylvania, or Delaware, by an army, or of this state by ships of war, the governor and council shall have full power and authority to arrest, or cause to be arrested, any person or persons, whose going at large they shall have good grounds to believe, from their own knowledge, or on information upon oath or afiirmation of any credible witness, may be dangerous to the state, and shall confine such person or persons in any gaol or place, or restrain and enjoin such person or persons to be and remain within any particular district or hmits of this state, or in their discretion suffer such person or persons to go at large, giving security for his or their good behaviour; and during such invasion, no person, so arrested and imprisoned, or so restrained, shall have or receive any benefit or advantage from the Tmbeas corpus act, but shall and may, if they think them- selves aggrieved, apply by petition to the next general assembly, to which the names of all persons so arrested, committed, or confined, with the cause of their respective arrests, shall be returned by the governor and council. powV*^4*^a°y III. And he it enacted, That the governor and council judge or >ustice, gjjaU havc as full and ample power and authority as any judge or justice, to take recognizance of, and arrest and confine, or cause to be arrested and confined, any person or persons, who may have been, or shall be, guilty of any of the crimes and misdemeanors enumerated in the act, entitled. An act to punish certain crimes and mis- demeanors, and to prevent the growth of toryism, or in an act to punish certain crimes, or who may have been, or shall be, guilty of the several offences enumerated in the thirty-fifth section of the act, entitled, An act for the better security of the government. AH recogni- IV. And be it enacted, That all recognizances taken by zances taken by ' ° i ii i_ 'fl*°taT'&c*°**^^ governor and council, in virtue of this law, shall be as good and effectual as if the same were taken by any LAWS OF MARYLAND, 1'779. 365 judge or justice; and the governor and council, having good ground to beheve that a breach has been made of the condition of any such recognizance, may cause process to issue against the principal, and the surety or sureties, or either of them, from the courts of law, according to their known and established jurisdictions. V. And, That all insurrections and disturbances, which might prove dangerous to the state, may be timely sup ressed or prevented, VI. Be it enacted, That the governor and council, aSg^JJ^^f?^^ "^^y often as such insurrections and disturbances shaU happen, talTMrvice'°anT or they may have good cause to suspect or believe mayfj^j^^^g*''® ""' speedily happen, shall have full power to call into actual service, without regard to classes, such part of the militia as they may judge necessary for the preventing, quieting, or suppressing, such insurrections r disturb- ances, and the same may station at such place or places as they may deem proper, and shall cause them to be relieve as often as they shall think necessary, so as that no CO pany or body of militia shall be continued on duty longer thaTi two months in any sue service. VII. Ani he it enacted, That whenever any part of the^^A^f ne"Isary militia shaU be called into actual service, either in this^^ ^^""^ march, or the aforesaid adjoining states, the governor and council shall have full power, and they are hereby authorised and requested, to provide for, order, and direct, all matters and things necessary for the march and subsistence of such militia, so long as they shall be continued on duty in this state, or if ordered out of this state, to provide for, order, and direct, all things necessary for the march and subsistence of such militia, to some place of rendezvous, or other place to which they may be ordered to march. VIII. And he it further enacted. That on all occasions gg^^'Yhey" may within this state, where it is judged necessary for the ^f[ja_s|*'''*' »' service of this or the United States, and the urgency of the case will not admit of calling out any part of the miUtia in classes, the governor and council shall, and they are hereby authorized and requested, to order on duty such guards, companies, or detachments, of the mihtia, as the nature of the service may require; and they are hereby empowered to draw on the treasurer of the western or eastern shore respectively, for such sum or sums of money as may be necessary for defraying the expense of marching and subsisting any part of the 366 BEVOLUTIONAEY LEGISLATION. militia, which shall be ordered on duty, or called into actual service, in virtue of this or any other act, and for such further sum or sums of money as may be necessary to carry into execution the powers with which they are invested by this or any other act. sion™&of ^™^'' I^- -^™^ ^^ ** enacted, hy the authority aforesaid, That the governor and council shall be, and they are hereby authorized and empowered to procure and provide, on such terms and in such manner as they may think best, proper magazines of provisions, and all other necessaries fit and convenient for the troops of this state, and for any militia that may be called into service, and to pro- cure as many well fixed arms as they may think neces- sary for the use of this state, and appoint some fit person to keep the same in proper order. t.4thingr o councii may ap- be requested and empowered to appoint proper and p^^^Ij^^^^^^jI' active persons at the Head of Elk, and other places near *"=■ the division line between this state and Pennsylvania and Delaware, to prevent any evasion or abuse of this act, and to stop or seize, as the case may require, any Indian corn, wheat or wheat flour, or other provision before mentioned, liable to be stopped or seized. VI. Provided always, That this act, or any thing herein p™"so. contained, shall not prevent, or be construed to prevent, the carriage or removal of any Indian corn, wheat, wheat flour, or any kind of provision, for the use of the United States, by persons properly authorized for that purpose; and provided also, that the governor and the council may permit any person residing in Pennsylvania or Delaware, who has landed property in this state, and raises Indian com, wheat, or flesh provision, thereon, to draw such quantity of Indian corn, wheat or wheat flour, or flesh provision, from his farm, as he may want for the subsistence of his family, such person, previously to the obtaining such permission, making oath (or affirma- tion, if a quaker, menonist, or dunker) that the same is wanted for the use of his family, and for no other purpose. VII. And he it enacted. That the governor and the ^o^»J^™°'y ^^"^ council be empowered, at such time or times as they may ™sseis, &c. think necessary, by their order, to stop in the river Patapsco, or any other place, all vessels and craft, for any time not exceeding ten days. VIII. This act to continue and be in force until the continuance. first day of February seventeen hundred and eighty-one. 394 EEVOLUTIONABY LEGISLATION. CHAP. XX. An ACT to encourage the importation and manufacturing of salt within this state. Preamble. WHEREAS the present enormous price of salt and the uncertainty of the supphes thereof is distressing and alarming to the inhabitants of this state: For remedy- whereof and the encouragement of adventurers, paui"for'?mport- H- -^« '^^ enacted, by the General AssemUy of Maryland, rag salt, &c. That the following bounties shall be paid the importers and manufacturers of salt, to wit: For every hundred bushels of salt imported into this state, through the capes of Chesapeake or by any inlet on the sea-coast, between the twentieth day of February and the twentieth day of December next, and sold within this state by retail in quantities not exceeding ten bushels to any one person, the sum of ten pounds, in Spanish dollars at seven shilhngs and six pence each, or the value thereof in bills of credit, and in the same proportion for any other quantity so imported and sold; and for every himdred bushels of salt imported as aforesaid between the said days, and sold within this state by wholesale, the sum of five pounds in like money or value, and in the same propor- tion for any other quantity. turin"sa"*&c!^°" m- ^^ ^^ "^^ enacted, That ten pounds like money or value shall be paid as a bounty to any person manufactur- ing within this state, between the first day of January and the twentieth day of December next, and selling therein one hundred bushels of salt by retail, in quanti- ties not exceeding ten bushels to any one person, and in the same proportion for any other quantity; and that a boimty of five pounds in like money or value shall be paid to every person manufacturing within this state, between the said days, and selling by wholesale one hun- dred bushels of salt therein, and in the same proportion for any other quantity. To be paid by IV. And he it enacted. That the said bounties shall be the treasurers, 11.1 o i • &c. paid by either of the treasurers of this state, on the order of the governor and council, who are hereby empowered and requested to give such order in favour of such importer or manufacturer, proving to their satisfaction, by his oath or otherwise, the quantity of salt by him imported and sold, or manufactured and sold, as aforesaid. LAWS OF MARYLAND, 1780. 395 V. And he it further enacted, That no salt, on which ^''"xport^"*"'' either of the said bounties shall have been paid, shall be exported by water out of this state, or laden on board , any vessel with intent to export the same out of this state, before the bounty paid shall have been repaid into the public treasury, under the penalty of such salt be- coming forfeit, and seizable by any naval officer or other peace officer or militia officer of this state, and also under the forfeiture of twenty shillings for every such bushel of salt so exported or laden on board any vessel as aforesaid, one half to the person seizing or prosecuting, and the other half to the use of this state; and in case of any seizure or prosecution, it shall lie on the claimant or defendant to prove, that no bounty had been received for the salt on account of which the seizure shall have been made or prosecution commenced, or that the bounty paid had been repaid as aforesaid. CHAP. XXX. An ACT to regulate auctions. Be it enacted, hy the General Assembly of Maryland, That as^''''"u?ti*oneer after the first day of April next, no person shall act as^^'**""' u<-&sss,, an auctioneer within this state, unless appointed and licensed agreeable to the directions of this act; and if any one without such license shall sell any property at auction, and be thereof convicted in the general or any county court, such person shall forfeit and pay ten pounds current money for every hundred pounds of property by him so sold, and in the same proportion for any greater or less sum; and any person employing any person not licensed as aforesaid to sell any property at auction, shall forfeit and pay ten pounds like money for every hundred pounds of property so sold by his direction or with his consent, and in the same proportion for any greater or less sum. II. And le it enacted, That the governor and the council ooScii™'^ppSt be authorised and requested to appoint and license one ™"''°°™''^' *'• person of reputation and property to be auctioneer in each county of this state, who shall, before he acts in such office of trust (under the penalty of five hundred pounds current money) take the oaths to the govern- ment required by the constitution and act of assembly (unless he hath heretofore taken them) and give bond in 396 EEVOLUTIONAEY LEGISLATION. the penalty of l^wo thousand pounds current money, with such sureties as the county court of his county shall approve, with condition, "That he will faithfuUy execute the office and trust reposed in him as auctioneer for county, agreeable to law, and in all things well and faithfully execute and perform the several duties required of him by this act;" and take the following oath, which any justice may administer, to wit: "I, A. B. do swear, that I will faithfully and honestly execute the office and trust reposed in me as auctioneer for county, and wiU well and faithfully perform the several duties required of me by law, without any partiality, fraud, or deceit." swabirfor one "'■■'■■''■■ "^^^ ^^ ^^ enacted, That every auctioneer, licensed percent. &e. agreeable to this act, shall be answerable to this state, and his bond and securities liable for the payment of one pound on every hundred pounds of property by him sold at auction, and in the same proportion for any greater or less sum, and shall once in every three months (or oftener if required by the governor and the council) account on oath, and pay the same to the treasurer of his shore, and in case of neglect his bond shall be sued for the payment of the money due, with an interest of ten per cent. coundi^may'^^ ^^- ^™^ ^^ ^* enodcd, That the governor and the move auctioneer, council may rcmove any auctioneer for misbehavioiu- in his office, and may appoint another in his stead; and in case any auctioneer shall resign his appointment, or remove out of the county, or die, the governor and the council may appoint another in the place of the auc- tioneer so resigning, removing, or dying, pu^^ta T^t fo? ^- ^■^^ ^^ '^* enacted, That the bond given by any |rqperty not sold, auctioneer may be put in suit by any person entrustiag property in his hands for sale for recovery of the property if not sold, and if sold the money by him received, or which he agreed to collect or to be answerable for, with an interest of ten per cent, and the bond of such auc- tioneer shall be liable for every breach of the condition to the amount of the penalty, and if judgment shall be rendered on such bond, any person injured may issue sdre facias to recover the damages by him sustained. is^^'"^warSit ^- -^™^ ^* '^* enacted, That any justice of the peace, againstunucensed q^ jjjg q^^j^ view, or information on oath or affirmation, persons, &c, ' of any credible person, of any person not licensed selling any property at auction, may issue his warrant to any 1780. 397 sheriff or constable to apprehend such person, and oblige him to recognize with one or more secm-ities, for his good behaviour, and appearance at the next general or county- court to answer for such offence, and in case of refusal may commit such person to the gaol of his county until he finds such security; and if any person shall, during the continuance of his recognizance, sell any property at auction, such selling shall be a breach of his recognizance. VII. And be it enacted, That nothing in this act con- ueutfnant.&c. ' o may sell property tained shall prevent any lieutenant, sheriff, constable, *?^^"^™ ^^'^■ or other officer, from seUing at auction any property taken in execution or distrained for rent, and liable to be sold by law. VIII. And he it enacted, That every auctioneer shall be^^Aucu^oneers. allowed for his trouble of the sale at auction, and for collecting and paying over the money, without any deduc- tion, unless the sale shall be on credit by the direction of the owner, the following commission, to wit: For hous- hold goods, cattle, or live stock, three per cent for horses, two and an half per cent, for ships or other vessels, houses or lands, one half per cent for goods, wares, and mer- chandise, two and an half per cent, for negroes one per cent. IX. And he it enacted, That any auctioneer, licensed ^p^^f^i™^^™^^ by the governor and the council as aforesaid, after he*"- hath given bond as aforesaid, may appoint and license in writing any person of his county of reputation and property, to be his deputy auctioneer during his pleasure, or for any limited time not exceeding one year, for whose conduct he shall be answerable, and his bond and securi- ties liable for the payment of the aforesaid sum of one pound for every hundred pounds of property, and in the same proportion for any greater or less sum sold by such deputy at auction, to the treasurer of his shore, in the same manner as he is answerable for any property sold by himself; and such deputy shall, before he acts as such, under the penalty of one hundred pounds current money, take an oath faithfully and honestly to execute the office and trust reposed in him as deputy auctioneer for county, and well and faithfully to perform the several duties required of him by law, without any par- tiality, fraud, or deceit; which any justice may administer. X. This act to continue one year, and until the end of (Continuance, the next session of assembly which shall happen there- after. 398 KEVOLTJTIONAEY LEGISLATION. CHAP. XXXV. An ACT to continue the act prohibiting the export of grain, wheat flour, and flesh provisions, by land, and to permit the exportation of wheat flour and Indian corn by sea under certain restrictions. continued.*" '"'' Be it enacted, by the General Assembly of Maryland, That the act to prohibit the exportation of Indian corn, wheat, wheat flour, and flesh provisions, for a limited time, be continued, and shall remain in full force (except so much thereof as relates to the article of Indian com) until the twentieth of April next. sionf&c. not'^o ^^- ^™^ ^« ** CTMcted, That it shall not be lawful for be exported, &c. ^ny person, during the continuance of this act, to export by water out of this state, or to lade on board any vessel for exportation as aforesaid, any flesh provisions dead or alive, or any wheat, rye, oats, peas, beans, or bread; and if any person shall export any of the said articles, contrary to this act, or lade any of them on board any vessel for exportation, contrary thereto, such person, convicted thereof in the general or any county court, shall be fined not exceeding five thousand pounds current money for every offence; and any of the said articles laden on board any vessel for exportation, contrary to this act, shall be forfeited, together with the vessel, and her guns, ammunition, tackle, apparel, and furniture, and may be seized by any naval ofiicer or his deputy, and shall be condemned in the court of admiralty, one half to the use of the officer making the seizure, and the other half to the use of the state; and if any master, mate, or other commander of any vessel, shall receive any of the said articles on board the vessel by him commanded for exportation, contrary to this act, or shall have knowl- edge of any such articles being on board, anjl shall not make the same known to the naval ofiicer at or before the time of clearing out his vessel, he shall, on conviction thereof in the general or any county court, be fined not exceeding one thousand pounds current money, and im- prisoned without bail not exceeding six months. sie^'&o"*^ '^ III- ^™^ ^« ** enacted, That any ship or other vessel, having no board, contrary to this act, any of the above enumerated commodities more than is necessary for her voyage, as herein directed, shall be Hable, after she hath cleared out, or moved out of the harbour where such ship or vessel was laden, upon the master of such ship or vessel refusing to produce proper clearances, to be seized or taken by any ship or vessel belonging to this state. LAWS OF MAEYLAKD, 1180. 399 the United States, or either of them, and the captors shall be entitled, after condemnation, to receive the same share or proportion of the vessel and cargo so seized and condemned, as if the same had been British property; and if seized or taken by any ship or vessel being private property, after she hath cleared out or moved out of the harbour as aforesaid, the captors shall, after condemna- tion, be entitled to the whole of such vessel and cargo so seized and condemned. IV. And ie it enacted, That it shall not be lawful for . wheat flour, ' &c. not to bo ex- any person, during the continuance of this act, to export P°rt«i> *". by water out of this state, or to lade on board any vessel for exportation as aforesaid, any wheat flour or Indian corn, except in the manner permitted and allowed by this act, under all the penalties and forfeitures above expressed. V. And he it enacted, That the governor and the council coundf may pe^ may permit any citizen of reputation and undoubted J^'be^e^or^ attachment to this state and its independence, to export *°' by water, through the capes, or from Sinepuxent inlet, in vessels armed, provided and manned, in such manner as they shall approve, any quantity of Indian corn, the person obtaining such hcense shall give bond in the same manner and with the same condition as is herein after directed to be given by the exporter of wheat flour, and some one of the owners of the vessel in which such com is to be exported shall take the same oath as is herein after prescribed to be taken by the owner of any vessel in which flour may be exported agreeable to this act. VI. And le it enacted. That if any wheat flour shall be jj|j^j»^f^^°™>ijjj found in any hogshead, case, or package, other than '"'■leite.i, i-c. flour barrels of the usual size, such act shall be evidence of fraud, and a design to export the same contrary to this act, and the same shall be forfeited, and if on board any vessel, she shaU also be forfeited and condemned as aforesaid. VII. And he it enacted. That it shaU be lawful, during ^^i^;,°^_™ay >» the continuance of this act, to lade and export by sea, out of this state, wheat flour (the same being first in- spected and found merchantable) in the manner and upon the conditions and regulations herein after pro- vided, that is to say: In every ship or vessel, truly and bona fide armed and provided with six or more carriage guns, and suitable ammunition for the same (each of the said guns capable of discharging an iron ball at least three 400 REVOLUTIONAEY LEGISLATION. pounds avoirdupois weight) and manned with twenty men above sixteen years of age, each actually hired and employed for the defence and service of such vessel for the voyage, or to the port of delivery, any quantity of such flour not exceeding four hundred hundred pounds weight of one hundred and twelve pounds to the hundred: In every ship or other vessel, truly and bong, fide armed and provided with ten or more carriage guns, and suitable ammunition (each of the said guns capable of discharging an iron ball at least four pounds avoirdupois weight) and manned with thirty men above sixteen years of age, each actually hired and employed for the defence and service of such vessel for the voyage, or to the port of delivery, any quantity of flour not ex- ceeding one thousand hundred weight as aforesaid: In every ship or other vessel, truly and bon& fide armed and provided with fourteen or more carriage guns, and suit- able ammunition for the same (each of the said guns capable of carrying an iron ball at least four pounds avoir- dupois weight) and manned with not less than forty men above sixteen years of age, each actually hired and employed in the defence and service of such vessel for the voyage, or to the port of delivery, any quantity of flour that such vessel can reasonably carry. VIII. And, Whereas it is the intent and meaning of this legislature, that the shipping of flour in pursuance of this act shall not distress the public service, or inter- cept proper suppHes for the army, and it is reasonable that those who partake of the advantages herein given should make some recompense for the same: sek^t'o'Vodure ^^- ^^ ^* enacted, That before any ship or vessel, on certificates, &c. board of which any flour shall be laden in pursuance of this act, shall be cleared out, the master or commander of such ship or vessel shall produce to the said naval officer a certificate, to be filed by the said naval oflicer, from the proper officer to be appointed by the governor and council for that purpose, acknowledging the receipt, or in case the same shaU not be accepted the tender, of a quantity of good merchantable wheat flour for the use of the pubhc, equal to one third part of the quantity of flour laden in such vessel, the same to be paid for in specie, or bills of credit at their passing value, or, at the election of the officer to be appointed by the governor and council as aforesaid, in certiflcates in specie, dis- chargeable in specie, or in new bflls of credit to the value LAWS OF MARYLAND, 11S0. 401 thereof, and bearing interest at six per cent, per annum, averaged on the quality of and price paid for the flour shipped and delivered as aforesaid; and the person ap- pointed for the receipt of flour as aforesaid, may admin- ister an oath or affirmation, as the case may require, to the person offering flour as aforesaid, true answer to give to all such questions as may be put to him concerning the flour laden to be exported and offered as aforesaid, and may question such person, on the oath or affirmation aforesaid, concerning the quality, price, or any other circumstance necessary to be known in adjusting the averaged quality and price of the said flom- shipped and delivered as aforesaid. X. And he it anacted, That the governor and council ooyemor and shaU be and are hereby invested with power to takeoff restrictions, off the restrictions, when it appears to them that the quota of flour demanded by congress of this state is procured or obtained. XI. And be it enacted, That no flour, designed for . Master to do- exportation in virtue of this act, shall be laden on board &c. any ship or vessel, before the master of such ship or vessel shall deliver to the naval officer of the port where he shall lade, a memorial in writing, therein expressing such design, the name and kind of vessel, her size and tonnage, the name or names of the owner or owners, and the places of their several abodes, the number and size of the carriage guns with which such vessel is or is in- tended to be armed and fitted, and the number of men that he wiU hire and employ during such intended voyage, together with the quantity of flour he is desirous to lade, and requesting the naval officer to grant his permit for the lading thereof, in which said memorial, whatever respects number shall be expressed in words at length; whereupon the said naval officer, having first taken a bond to this state from the said master and two sufficient resident sureties, each obligor bound severally as well as jointly for at least double the value of such flour designed to be shipped as aforesaid, for the true and faithful compliance of said master and the owners of such vessel with the several requisites, regulations and limitations of this act, the said naval officer 'shall grant a permit for the lading of such quantity of flour as is in such case allowed by this act. 37639°— 18— 26 402 REVOLUTIONABY LEGISLATION. Proviso XII. Provided always, That no permit shall be avail- able for lading of any flour in pursuance of this act, unless the same shall be shipped in the proper vessel, and within forty days after the date of such permit, nor imless such lading be in the day time, and at some open wharf in the port where such lading is performed. Proviso. XIII. Provided also, That no suit shall be brought on any bond taken as aforesaid, unless within two years after the date. to"ife on defend- XIV. And he it enocted, That in any suit which may be ant, &e. brought on any bond taken as aforesaid by the naval offi- cer, the onus prohandi shall He on the defendant or de- fendants in such suit, and it shall be sufficient on the part of the state, in order to recover in such action, to allege any proper matter for that purpose, without proving the same. intfona^i^^' XV. And ie it enacted, That before any vessel on board of which any flour shall be laden for exportation agreeable to this act, the master or commander of such vessel shall, before clearance, enter into bond, payable to the state, with two securities, known residents of this state, and of undoubted ability, in a sum equal £o double the value of the flour intended to be exported, with condition, "That the wheat flour laden or intended to be laden on board such vessel shall be boni fide carried to and landed at the port or place for which such vessel shall be cleared, and that the said wheat flour, or any part thereof, shall not be carried to any port or place belonging or subject to the crown of Great-Britain, the danger of the seas and the force of the enemy only excepted;" and also before clearance, one of the owners of such vessel shaU make oath or affirmation, as the case may require, before the naval ofiicer, "That the said wheat flour, laden or in- tended to be laden on board the said vessel, and no part thereof, belongs to or is for the use or benefit of any sub- ject of Great-Britain, or any inhabitant of Great-Britain or any of the dominions subject to the king of Great- Britain;" and the master or commander of such vessel shall also make oath before the said naval officer, "That he will use his utmost endeavours to prevent such wheat flour, and every part thereof, from being carried to any part of the dominicms of the king of Great-Britain, or otherwise going or falling into the hands of the enemy, and that he wiU not, directly or indirectly, be privy to or concerned in any measure which may tend to defeat the arrival of such vessel at the port of her delivery. LAWS OP MARYLAND, 1780. 403 XVI. WHEREAS grain and other provisions herein be- fore prohibited to be exported, cannot be brought by water from Pocomoke river, or the sound thereof, or other parts of this state, without saihng on the waters of Chesapeake bay to the southward of the bounds of this state: XVII. Be it enacted, That no grain or other provisions, p^moke^^rivi" laden on board any vessel in Pocomoke river, or the sound u^. etc.'" *° *'*" thereof, to be bon& fide transported to other parts of this state, shall be liable to seizure or forfeiture, though found on the waters of Chesapeake bay below the bounds of this state, and not to the southward of a line drawn from the north point of the mouth of Pongoteague creek to the south point of the mouth of the river Patowmack; nor shall any vessel laden with such grain or other provisions, for the purpose of conveyance to other parts of this state, and not found below the line aforesaid, be hable to seizure or forfeiture. XVIII. Provided, That nothing herein contained shall ^'°^^- extend, or be construed to extend, to prohibit the gov- ernor and the council from giving license for the trans- porting any of the commodities herein before mentioned, from this state, to any port or place out of the same, on the requisition of congress, or a committee of congress, or their board or war. XIX. And he it enacted, That if any action or suit p(^^°^| °*^*y shall be commenced against any person for any thing '^™»' *". done in pursuance of this act, the defendant in any such action or suit may plead the general issue, and give this act and the special matter in evidence, and that the same was done in pursuance and by the authority of this act; and if it shaU appear so to have been done, the jury shall find for the defendant, and if the plaintiff shall be non- suit, or discontinue his action after the defendant shall have appeared, or if judgment shall be given upon any verdict or demurrer against the plaintiff, the defendant shall and may recover treble cost, and have the like rem- edy for the same as any defendant hath in other cases by law. XX. And be it enacted, That if any vessel belonging tOjeg'Sif ^. this state shall sail from hence with provisions contrary {o^forfeit'Hrebie to the prohibitions contained in this act, without any *''® ™'"®' *"• clearance, the owner thereof shall forfeit treble the value of the vessel and cargo, to be recovered by indictment or information in the name of the state, one half to the 404 REVOLUTIONABY LEGISLATION. use of the informer, and the other half to the use of the state, and if such vessel shall ever return to this state, she, together with her tackle, apparel, and furniture, shall be hable to seizure and condemation in the court of admiralty, one half to the use of the informer, and the other half to the use of the state, ^rwisims D^ XXI. And he it enacted, That any thing in this act Mported"&o. ^contained shall not extend to prohibit the exportation of so much of any of the above enumerated articles of provisions, as shall be necessary (in the judgment of the naval officer) to be carried in any vessel belonging to this state, for the diet, sustenance, and support, of the master, mariners, passengers, and others, in such vessel, not only to the port of delivery, but on her return to this state, or to prohibit the export in any vessel not belonging to this state so much of the said articles as may be necessary as aforesaid, for her master, mariners, passengers, and others, to her port of delivery; and the master or other person clearing out any vessel shall, at the time of clearance, deliver to the naval officer an ac- coimt on oath of aU provisions permitted to be laden on board any vessel as aforesaid, and the naval officer shall endorse on or annex to the clearance, an accovint under his hand of all the articles allowed by him to be exported in such vessel for the use of the crew, agreeable to this act. contininaoe. XXII. This act to continue and be in force until the first day of August seventeen hundred and e^hty-one, and until the end of the next session of assembly which shall happen thereafter. CHAP. XXXVI. An ACT to continue the act therein mentioned. An act contin- gg n enacted, That the act of assembly, entitled, An act to prevent the exportation of flour, staves, and shingles, not merchantable, from the town of Baltimore in Baltimore county, and to regulate the weights of hay and measure of grain, salt, flax-seed, and fire-wood, within the said town, and to prevent the exportation of flour not merchantable from Fell's-point in the said county, made at a session of assembly, begun and held at the city of Annapohs, on the second day of October, seventeen hundred and seventy-one, shall be and is herebv revived and continued, and shall be and remain Proviso. LAWS OF MARYLAND, 1181. 405 in full force for seven years, and to the end of the next session of assembly which shall happen thereafter. II. Provided, That instead of the inspector taking the oaths or affirmations to the late government, as pre- scribed by the said act, such inspector of flour, or other officer to be appointed in virtue of this act, shall take, repeat, and subscribe, his belief in the christian religion, the oath of allegiance, and the oath of fidelity and support to this state, as prescribed by the constitution and form of government, and the laws of this state. III. ATid be it enacted, That aU fees, allowances, and . *ees, &c. paid ' ' ' lu specie, &e fines, under the said act, may be paid and discharged m- Spanish dollars, at the rate of seven shillings and six- pence each, or in other silver, gold, or new bUls of credit, to the value thereof. SESSION BEGINNING MAY 10, 1781. CHAP. V. An ACT to procure an immediate supply of cloathing and flesh pro- vision for the troops, and a suflBcient number of horses for light horse and for carriage. WHEREAS at this time of threatened invasion, it is Preamble, absolutely necessary for the security of the state, that the most speedy and effectual measures be taken for cloathing and equiping the troops raised and now raising within this state, to coUect large supphes of flesh pro- visions, and to procure a number of good horses for light horse and for carriage: II. Be it enacted, by the General Assembly of Maryland, ^°°^^™^^ *"•' That the governor and council be empowered and re- P°™tj^"o^jJ^o quested to appoint one or more proper person or persons '"e. etc to purchase blankets and the cloathing now wanted for the complete cloathing of such of the troops of this state in the continental service as are now in this state, and for such as are now raising; but if any of the persons so appointed cannot agree with the owners of such blankets, cloathing, or goods proper to make up into such cloath- ing, and having the same for sale, then may he seize the same, giving a certificate for the quantities and quafities thereof, and lodging with the governor and council a copy of the certificate given by hhn, with samples of the goods seized; but such seizures are not to be made of the goods of any person who hath already assisted by sales of considerable quantities of goods for the public 406 EEVOLUTIONABY LEGISLATION. use, if what may be wanted can be obtained from others who have not heretofore afforded like assistance; and the governor and councU are also authorised and requested to direct the commissaries in their counties which are most easily approachable by the enemy, and where there is danger that the stock may fall into the enemy's hands, to purchase such numbers of beef cattle as the governor and council shall think proper; and the said commissaries respectively shaU estimate the weight of net beef of such cattle, and give his certificate of their number, kind, and estimated net weight, and keep a regular account thereof, and of the names of the persons of whom they were respectively received, in a book to be provided for that purpose; but if the owners of such cattle will not sell the same, then may the commissary where such refusal hap- pens seize the same for the use of this state, giving such certificate and making such entry as aforesaid, and noting that the same were seized; and in case the owners of any cattle so purchased or seized shall desire the same, and time will permit, any justice of the peace may appoint two or three honest men, skilled in the weight of cattle, to adjudge the weight thereof, who are to certify the net weight of beef they adjudge them to be of, and the owners of such cattle shall be allowed four-pence specie per pound therefor, with allowance for the fifth quarter of one fourth part of the amount of the net beef added thereto; all which cattle, bought and seized, shall be speedily sent by the commissary purchasing or seizing the same, to such places, and dehvered to such persons, as the governor and council shall direct; and each com- missary shall return to the auditor-general, as soon as well may be, the original or a copy of his book of entries aforesaid; provided that no oxen now used for the draught, or mUch cow, shall be taken against the will of the owner by virtue of this act. Commissaries III. And he it enacted, That the commissaries of the ' ' several and respective counties, under the direction of their respective lieutenants, shall have fuU power and authority to seize and take such beef cattle in the several and respective counties as are necessary for the mihtia, or any body of troops in their several or respective counties, if sufficient cannot be purchased, and shall give certificates for all cattle purchased or seized, estimated as aforesaid. LAWS OF MAEYLAND, 1781. 407 IV. Ayid ie it further enacted, That there be immediately coihS. io. ^^ collected in the several counties the respective numbers of horses following, to make up three hundred horses fit and proper to be trained and used as light horse, and three hundred found able draught horses, by the persona herein after named, to wit: Saint Mary's county, fifteen for light horses and fifteen draught horses, by Richard Bond; Kent county, sixteen for light horses and seven- teen draught horses, by George Hanson; Anne-Arundel county, twenty-two for light horses and twenty-three draught horses, by John Bullen; Calvert county, nine for light horses and nine draught horses, by Patrick Sim Smith; Charles county, nineteen for light horses and eighteen draught horses, by Daniel Jenifer; Baltimore county, twenty-six for light horses and twenty-seven draught horses, by captain John Cockey; Talbot county, fifteen for fight horses and fifteen draught horses, by John Gibson; Somerset county, ten for light horses and ten draught horses, by Wilham McBryde; Dorchester county, twelve for light horses and thirteen draught horses, by doctor William Hooper; CsecO county, sixteen for fight horses and sixteen draught horses, by Samuel Maff at ; Prince-George's county, nineteen for light horses and nineteen draught horses, by Robert Bowie; Queen- Anne's county, nineteen for fight horses and eighteen draught horses, by John Cheairs; Worcester coiftity, ten for light horses and ten draught horses, by Peter Chaille ; Frederick county, twenty-nine for light horses -and twenty-eight draught horses, by George Strieker; Har- ford county, eighteen for fight horses and seventeen draught horses, by George Patterson; Carofine county, ten for light horses and ten draught horses, by William Douglass; Washington county, eighteen for fight horses and seventeen draught horses, by Henry Shryock; Montgomery county, seventeen for fight horses and eighteen draught horses, by William Robertson. And each of the said persons before named shall, and they are hereby empowered to take into his possession all such horses in his county as are fit for fight horse, or so many of them as may be necessary, and one-fourth part of the draught horses in his county, or so many of them as may be necessary to make up the number of each kind assigned for his county which belong to nonjurors, or those who are known to be backward in affording assistance to the common cause; and if a sufiicient number cannot be 408 REVOLUTIONARY LEGISLATION. thus procured, the person appointed as aforesaid, with the advice of two or more of the commissioners of the tax for his county, shall apportion the residue to be found among the inhabitants of his county, and seize the deficient number, in as just proportion, regarding the ability and convenience of the individual as far as conveniently may be, of the horses in his county, but no covering horse, or any horse under fi^ve years old, or any mare kept for the purpose only of breeding, or any mare in foal, or having a foal at her side, or any horse commonly used as a light horse by any person who has entered into a volunteer troop, according to the laws of this state, shall be seized under this act; aU which horses seized, as soon as may be, shall be carried to some public place in the county where taken, and appraised in specie to the lull value such horses would sell for, in ready money, at the time of passing this act, on oath, by three persons of character, being good judges of horses and their value, appointed and sworn for that purpose by one or more justices of the peace, a certificate of each of which horses shall be given to his owner, expressing the height, colour, brand, if any, and his age and value in specie, as ad- judged, signed by the person taking and those who appraise him ; lists of all which horses, with such descrip- tions as contaijied in the certificates, and their respective appraised values, shall be transmitted to the auditor- general; and the owner of any draught horse may elect to have his horse again on the service being ended, with a just allowance for the use of him, and also just allowance for the abuse, if any, of him, or the appraised value, be'deurored with ^' ^^ ^* *' euocted, That with each of the said draught draught horses, horscs, the bridle and geers in which he usually worked, or a set as good at the least shall be delivered, which shall be appraised with the horse; provided that if at the time of the seizure of any draught horse, his owner will dehver a good strong well fixed waggon fit for the road, the same shall be accepted instead of the horse, and appraised in the same manner as directed as to horses, until the proportion ot one waggon for four horses is obtained. Cattle to be YJ. ^^ j)g {I enacted, That all black cattle, as soon as branded, Ac. . ' ' , purchased or seized, shall be branded on one horn with the letter M, and each fight horse, as soon as appraised, shall be branded under his mane with the letter M, and all draught horses, as soon as appraised, shall be LAWS OF MARYLAND, 1781. 409 branded on the near buttock with the letter M, and the persons seizing the said horses shall have them well fed and pastured, and deUver thena over to such persons as the governor and council shall direct, and where it may be convenient, the bran and shorts of the public wheat may be applied as forage for the said horses. VII. And he it enacted, That every person above ap- jj^gff^^^o'J^; pointed to procure horses shall have full power and"""^"*™'*"- authority to purchase corn and provender for the horses by him as aforesaid to be procured, if there is not suffi- cient in his county belonging to the pubUc, and if the same cannot be purchased to seize and take the same, and to give a certificate therefor. VIII. And he it enacted, That no certificate for any ^^certifl^jtM not horse taken shall be given to the owner, unless the {J,"^!^ ""^f ^ ^^^ lieutenant, or in his absence the oldest field officer, of ^'"^'*' *"• the county in which such horse may be taken, shall ad- judge the same fit for the service for which taken, but such horse shall be returned to the owner. IX. And he it enacted, That if any person, having any^^^'tVbe fori of the said articles, shall secrete or fraudulently transfer ''^^^- *"• the same, or send them out of the way to prevent the execution of this act, every article so secreted, trans- ferred, or sent out of the way, or the value thereof, shall, upon the judgment of any two or more justices of the peace, be taken and forfeited to the use of this state. X. Arid he it further enacted, That all certificates b^* tatwes? && granted for any article bought or seized under this act, shall bear an interest of six per cent, from the date thereof, one third part whereof, with the interest thereon due, the owner or holder of such certificate may discount in the payment of his public taxes, and so one third thereof and the interest annually until the whole shall be dis- charged, which discounts shall be endorsed on the said certificates; and this general assembly do hereby engage to take the most effectual and speedy measures in their power for the immediate discharge of certificates under this act granted to such persons as may not choose to deduct the same out of their annual assessment. XI. And he it enacted, That in case any person ap- ^^'^iJ^e'Ji^f 'to pointed for collecting and seizing horses shall die, or ^pp°'°'' *"■ refuse to act, the lieutenant of his county shall appoint another in his stead; and that the persons appointed to purchase or seize cloathing shall be allowed two and an half per cent, for his trouble on the value thereof; 410 KEVOLUTIONAKY LEGISLATION. and that the persons purchasmg or seizing black cattle shall be allowed five shillings per head; and that the per- son seizing horses shall be allowed twenty shillings for each horse by him seized and delivered over, besides his actual expences for pasturing and feeding him, and setthng his account with the auditor-general. appoi^™' as^st- ^H- ^^ *^ '^^ enacted, That the several and respec- ants, &e ^jyg persons directed to execute this act shall have full power and authority to appoint such assistants as may be necessary, and shaU have full power and authority to caU on all civil officers in their respective counties to aid and assist them, and all civil officers are hereby directed to give every aid and assistance to execute this act. SESSION BEGINNING NOVEMBER 5, 1781. CHAP. XII. AN ACT to prevent the exportation of bread and flour not merchant- able, and for other purposes. Preamble. WHEREAS the regulations hitherto made for the inspection of flour require alteration, and there not being any regulations for the prevention of frauds in the export of bread : Therefore, Commissioners n. Be it enacted, hy the General Assemlly of Maryland, to appoint an in- ■■j.-ni J-/ ^7 spector, &c. That the commissioners of Baltimore-town, or the major part of them, shall meet between the first and twentieth day of July next, and between the first and twentieth of July yearly and every year thereafter, during the contin- uance of this act, and then nominate and appoint a person of good repute and skilful in the goodness and quahty of flour, to be inspector of flour within the said town for the year ensuing. Their oatii. jjj j^^ jg ^ enacted. That every commissioner of the said town, who shall vote for the said officer, shall take the following oath before he shall proceed to the nomination and appointment of the officer aforemen- tioned : "I, A. B. do swear, that I will faithfully, honestly, and impartially, nominate and appoint such person to be inspector of flour within the said town of Baltimore, as I think in my judgment and conscience is fit and ca- pable of executing the said office." deith A^'loap- ^^- ^^ *^ ^' enacted. That in case of the death of ^oint another, gu(.]i officer SO appointed, or his refusal or neglect to act, the said commissioners, or the major part of them, shall, LAWS OF MARYLAND, 1781. 411 as soon as conveniently may be thereafter, meet together and appoint one other such person as aforesaid, in the stead of the person so dead, or refusing or neglecting to act, for the residue of the year; and if the said commis- sioners shall neglect and omit to nominate and appoint the said officer, then the governor and councU may appoint such officer, who shall be qualified agreeable to the directions of this act, and have the like power and authority as if he had been by the said commissioners nominated and appointed. V. Arid he it enacted, That all bolted wheat flour, and ,„Se"mereiia^ every cask thereof, brought to the said town for exporta- ^^^^- *<=■ tion, from and after the first day of August next, shall by the bolters thereof be made merchantable and of due fineness, without any mixture of coarser or other flour. VI. And be it enacted, That from and after the first ^^^jg^^^"^^^ day of August next, all flour casks brought to Baltimore- ''^™'=' *"■ town for exportation, shall be made of good seasoned materials, well made, and tightened with ten hoops, suf- ficiently nailed with four nails in each chine hoop, and three nails in each upper bilge hoop, and of the following dimensions, viz. The staves to be of the length of twen- ty-seven inches, but of different diameters at their heads, according to their numbers, that is to say; cask number one shall be of the diameter of eighteen inches and a half at the head, cask number two seventeen inches and a half, and cask number three sixteen inches and a half; that every miUer and bolter of flour, and baker of bread, for transportation out of the state, shall provide and have a distinguishable brand-mark, with which he shall brand each and every cask of flour or bread, before the same shall be removed from the place where the same was bolted or baked; and every miller or bolter shall also brand every cask of flour according to the respective diameters above specifled, with the said numbers one, two or three, and with the weight respectively, under the penalty of two and six-pence current money for every barrel of flour not hooped and nailed as aforesaid, and for every cask of flour or bread so removed and not branded as aforesaid, to be recovered from such miller or bolter who shall neglect to comply with the direction of this act, or from the person who brings such bread or flour to Baltimore-town aforesaid for sale; and in case a recov- ery shall be had against such person bringing the said bread or flour for sale as aforesaid, for the said penalty, 412 EEVOLUHONABY LEGISLATION. such person shall and may have a recovery of the same, with costs, against the miller or bolter from whom such bread or flour was purchased or received, upon making it appear that he gave notice to such miller or bolter, that he intended to carry the same to the town aforesaid for sale for exportation, and that he requested such mil- ler or bolter to secure and mark the said barrels as afore- said. pa"t"Tnio'' '^ch VII. And be it enacted, That the said miUer and bolt- cask, &c. gj.g giiaii pu^ ijito the casks number one the full quantity or weight of two hundred and twenty-four pounds of flour, in the casks number two the full quantity or weight of one hundred and ninety-six pounds, and in the casks number three the full quantity or weight of one hundred and sixty-eight pounds of flour; and that if any miUer or bolter shall pack any cask with a less quantity of flour than is directed by this act to be contained in the casks of the different sizes and dirhensions above mentioned, he shall forfeit, if the deficiency be one pound, six-pence current money, if two pounds one shiUing and six-pence, and two shilhngs per pound for every pound deficient above two. ix^^^^%!'° VIII. And he it enacted, That all casks wherein bread shall be packed shaU be weighed, and the tare marked thereon, and if any person shall put a false or wrong tare on any cask of bread, to the disadvantage of the purchaser, he or she shall forfeit, for every cask so falsely tared, five shiUings current money; and the inspectors, or their assistants respectively, upon suspi- cion, or upon the request of the buyers, shall and are hereby required to unpack any such cask of flour or bread as aforesaid, and if there shall be a lesser quantity of flour than is above directed, or if the cask or casks wherein bread is packed shall be found to weigh more than is marked thereon, then the miller, bolter, or baker, as the case may be, shall pay the charges of unpacking and repacking, over and above the penalties aforesaid, but otherwise the said charges shall be paid by the inspector, or by the purchaser if the trial be made at his request. livOT and iDTOi?!; 1^- ^^ ^* ^* enacted, That every baker of bread for *«• exportation shall dehver with the said bread an invoice of the contents thereof, with his brand-mark thereon, together with his name signed thereto, under the penalty of forty shillings current money for every invoice deliv- LAWS OF MARYLAND, HSl. 413 ered contrary thereto; and if any cask or casks of bread upon trial be found lighter than is set down in the invoice, he shall forfeit for every pound deficient in the same proportion as is heretofore directed as to flour. X. And he it enacted, That all and every cask of floiu- ^ fiour tasks to ■ 1 If 111 i*** examined by brought to the said town, to be from thence laden and inspector, &c. shipped for exportation, shall be submitted to the view and examination of the inspector so as aforesaid nomi- nated and appointed, who shall search and try the same, by boring the head and piercing it through with an in- strument, not exceeding half an inch diameter, to be contrived for that purpose, in order to prove whether it be honestly and well packed, and also enable him to judge of its goodness, and shall afterwards plug up the hole; and if the said inspector shall judge the same to be merchantable, according to the directions of this present act, he shall brand every such cask of flour on the quarter with the word Baltimore, with a public brand-mark to be provided for that purpose, and shall also brand and mark the degree of fineness which he shall, on inspec- tion, determine the said flour to be of, which degree shall be distinguished as follows, to wit, superfine, fine, mid- dling, ship-stuff; for which trouble he the said inspector shall have and receive of the owner of such flour the smn of one penny current money for each cask, and no more. XI. ATid he it enacted, That no inspector of flour shall awe°flJ"''not°to brand any flour which shall prove, on examination '^ '"™'i'*"' shall purchase, directly or indirectly, any flour by him condemned as aforesaid, or any flour whatsoever, other than for his own family use,* under the penalty of forty shillings current money for each barrel by him purchased. XVIII. And he it enacted, That if any person shall alter I'enaity on per- 1 , , , „ , . sons altenng the the mark stamped on any barrel of flour by any inspector, marks, &c. or shaU mark or brand any barrel of flour which hath not been inspected, with any mark or brand similar to, or in imitation of, the inspector's said mark or brand, or after the said inspector shall have passed any barrel of flour as merchantable, shall pack into the cask which contains the same, any other flour, or after any barrel of flour shall be branded with a broad arrow, shall unpack and repack the same into other casks or packages, for exporta- tion out of this state, such person shall forfeit and pay the sum of forty shillings current money for every barrel. XIX. And be it enacted. That the said commissioners, may™rmioTO°in- or the major part of them, shall be and are hereby em- ^''"""' *°' powered, at any time, to displace or remove the said officer from his ofiice, if the said commissioners or the major part of them shaU see cause, and shall and may nominate and appoint another fit person to such office during the residue of the year, who shaU have power to execute the same office according to the directions of this act, on his taking the said oath of office. XX. And, Whereas great quantities of flour are brought by water to the said town of Baltimore, and it being very inconvenient to land the same for inspection: 416 EEVOLUTIONABY LEGISLATION. on bS'^eSef" XXI. Be it enacted, That the inspector of flour ap- *"• pointed by this act shall, and is hereby directed, at the request of any person who shall bring above fifty casks in any one vessel, to go on board such vessel in the har- bour of the said town, and inspect the said flour on board, tmder the penalty of twenty shillings current money for every neglect or refusal. XXII. And, Whereas it may sometimes happen, that by reason of a great quantity of flour being brought at once to Baltimore-town, the person who shaU be ap- pointed inspector of flour cannot alone, with sufficient dispatch, inspect and brand all such flour, and as it is apprehended that the most likely means to support the credit of the inspection brand is to make one inspector answerable, sisteSteJ'S?!'"'* XXIII. Be it enacted. That the person to be by the commissioners, or the governor and council, as aforesaid, chosen and appointed inspector of flour, shall or may, on such occasions only, or in case of sickness, employ one or more persons of good repute, and well qualified for such service, as assistants to assist him in the execution of his said office; and such assistants, after taking the oath or affirmation herein prescribed to be taken by the inspector of flour, are hereby authorised to inspect, and brand any barrels of flour at Baltimore-town, as the inspector himself might do. th^SHAe!'"* XXIV. And he it enacted, That before any of the said officers shall enter upon the execution of their respective oflfices, they shall take the several oaths to government appointed b law. PenaJties, how XXV. And- ie it enacted, That all and every the penal- to be recoTOred, . , , . . . i i i • i ■ i *<'■ ties and forfeitures m and by this act set and appointed, shaQ be recovered before a single magistrate, as in case of small debts, in the name of the commissioners ot the town, and be by them laid out and expended in meuding the public wharfs and streets in the said town, pyt 01 an act XXVI. And be it cTMCted, That so much of the act, continued, &c. ' , ' entitled. An act to prevent the exportation of flour, staves and shingles, not merchantable, from the town of Baltimore, in Baltimore county, and to regulate the weight of hay, and the measure of grain, salt, flax-seed, and tire-wood, within the said town, and to prevent the exportation of flour not merchantable from Fell's-point in the said county, made and passed at a session of assem- bly, begun and held at the city of Annapolis on Wednes- LAWS OF MARYLAND, 1782. 417 day the second day of October, in the year of our Lord one thousand seven hundred and seventy-one, as respects the exportation of flour, be and remain in full force until the first day of August next, and that from and after that day, that part of the said act be and the same is hereby repealed. XXVII. This act to continue and be in force for and conunuanc*. during the term of six years, and imtil the end of the next session of assembly which shall happen thereafter. CHAP. XVIII. An ACT to repeal all the acts of assembly heretofore made relative to the seizure of provisions or merchandise. WHEREAS the seizure of provisions within this Preamble, state hath heretofore been adopted upon the principle of necessity only, to procure an immediate supply for the use of the army, and the several acts passed for supply payable in specific articles making it mmecessary to continue such acts any longer: II. Be it enacted, hy the General Assembly of Maryland, Acts replied, That all the acts of assembly heretofore made, empower- ing the governor and council, or any other person or persons, to seize provisions or merchandise of any kind, shall be and are hereby repealed, abrogated, and made null and void. SESSION BEGrSfNING APRIL 25, 1782. CHAP. V. An ACT to prevent the exportation of bread and flour not merchantable from George-toim in Montgomery county, and for other purposes. ! Georg^towa, &c. Be it enacted, hy the General Assembly of Maryland, fj^JJ2.?n*»n'!t»° That the act to prevent the exportation of bread and flour not merchantable, and for other purposes, made and passed at a session of jassembly, begun and held at the city of Annapolis, on Monday the fifth of November, one thousand seven himdred and eighty-one, have full force and operation, and apply in the same degree and manner, to George-town iu Montgomery county, as if made for said town, after the first day of August ensuing. II. And, Whereas there is a difference between the size of the Peimsylvania and Virginia flour casks, and the flour casks established by the aforesaid act, by which 37639°— 18 ^27 418 EEVOLtJTIONAEY LEGISLATIOK. means the exportation of Pennsylvania and Virginia made flour from this state is prevented: Therefore, Be it enacted, That it shall and may be lawful to export and*°v7rgTnia Pennsylvania and Virginia flour, packed in Pennsylvania POTto(l!'%^,^ ^^ and Virginia casks, of a size and make conformable to the regulations of the laws of the said states, from the ports of Baltimore and George-town aforesaid, provided that the flour is merchantable agreeable to the regula- tions of this state, any law to the contrary notwith- standing. III. THIS act to continue and be in force for and during the term of the act to prevent the exportation of bread and flour not merchantable, and for other purposes. Continuance Preamble. ACTS AND LAWS OF MASSACHUSETTS. (Printed from "Acts and Laws o£ the Commonwealth ol Massachusetts," printed by Benjamin Edes and Sons, Printers to His Excellency the OoTemor, the Council and Senate of the Commonwealth of Massachnsetts.] [1776, p. 73:] CHAP. X. An Act to prohibit the Exportation of Lumber for a limitted Time WHEREAS many and great Inconveniences may, at this critical Time arise to this and the other United States of America, if a speedy and effectual Prohibition of the Ex- portation of Lumber and other Materials for building from each and every Port, Harbour or Place within the lAmits of this State is not immediately effected: Be it therefore enacted by the Council and House of Representatives in General Court assembled, and by the Bpeciesoi Lum- jL«^Aoriiy of the same. That no Person or Persons whatso- ever, shaU take or load on board any Ship or Vessel within this State, any Oak or Pine Timber, Plank, Boards, Joists, Clapboards or Shingles, or other Wooden Materials suit- able for Building, with Intent to convey the same out of this State, or to transport the saflie by Water from any Port or tlarbour in this State, to any other Port or Har- bour therein, excepting all such Lumber as shall be trans- porting from Place to Place for the sole Use and by the Order of this or any other of the United States of America, or any Person employed by them for that Purpose: And that no Ship or Vessel already loaded with any such Lum- ber as aforesaid, in any Port or Harbour within this State, shall be permitted to depart with any such Lumber ou i^orfeituie. LAWS OF MASSACHUSETTS, 1'7'76. 419 board, from any such Port or Harbour, to any other Port or Harbour within this State, or to any Port, Harbour or Place without this State : And every such Ship or Vessel which shall load as aforesaid, or being loaded as afore- said, shall Sail or Depart, or attempt to Sail or Depart from any Port, Harbour or Place within this State, shall, together, with her Cargo, Tackle, Apparel, and Furniture be Forfeited, and disposed of as in this Act is herein after provided. And he it further enacted hy the authority aforesaid, That it shall and may be Lawful for any armed Ship or Vessel, commissioned by tie American Congress, or by any of the United States of America, to surprise, take, seize and vessels may be bring into any Port or Place within this State, any Ship vesseis. ^ "" or Vessel which shall have sailed from any Place within this State, in Violation of this Act, Wholly or in Part laden with Lumber as aforesaid, and be found on the high Seas. And the several Maritime Courts already erected within this State, are hereby Authorized to try the Justice of such Captures in like Manner and Form as other Ships or Vessels are triable in the same Courts; and in Case of Confiscation, to Order Distribution thereof; ^j°<"' distrib- one Moiety thereof to the Captors, and the other Moiety to and for the Use of this State. And he it farther enacted hy the Authority aforesaid, That any Owner or Freighter of any Ship or Vessel that shall, in Violation of this Act, Sail and Depart from any Port or Harbour within this State, in Part or WhoUy laden with Lumber as aforesaid, and the same Ship or Vessel shall not be taken or seized in Consequence of this Act, every such Owner or Freighter shall forfeit and pay the Sum of Three Hundred Pounds, to be recovered in thc^^^a^'y o° ' . Owners or Inferior Court in the Coxmty from whence the said Vessel F^'shtsrsoflend- sailed, and applied as hereafter by this Act is directed. Provided always, that no Action shall be sustained in any Court of Record within this State, unless the same were commenced within twelve Months after the Offence committed. Be it further enacted hy the Authority aforesaid, That the powTS^^tT'^e Committees of Correspondence, Inspection and Safety of '^jV *"' *^^ the several Towns and Plantations within this State, are hereby authorized, directed and impowered to see that this Act is duly observed and kept within their respective Precincts, and prosecute to effect aU Violations of the same, and to recover the Penalties thereto annexed, ia 420 BEVOLXJTIONAKY LEGISLATION. which Case one Moiety of the Penalty shall accrue to this State, and be lodged in the public Treasury of the same, and the other Moiety to and for the Benefit of the Town or Plantation where the Offence is committed, after deducting the reasonable Charges of Prosecution. ing'TiaJ^'^'and ^his Act to be in Force and take Place in all Parts of Limitation. ^j^g State, excepting the Counties of Yorlc, Cumberland and Lincoln, from and after the fourth Day of Septemiier Instant: In the Counties of Yorlc and Oumberland, from and after the ninth Day of September Instant; and in the County of Lincoln, from and after the tenth Day of Sep- tember Instant, and to be in force until the twentieth Day of November next, and no longer. Preamble. Time 01 this Act's commenc- ing. [1777, p. 78.] CHAP. XIV. An Act to prevent Monopoly and Oppression. WHEREAS the avaricious Conduct of many Persons, by daily adding to the now exorbitant Price of every neces- sary and convenient Article of Life; and encreasing the Price of Labour in general, unless a speedy and effectual Stop be put thereto, will be attended with the most fatal and 'pernicious Consequences, as it not only disheartens and disaffects the Soldiers, who have nobly entered into the Service of their Country, for the Support of the best of Causes, and distresses the poorer Part of the Community by obliging them to give unreasonable Prices for those Things that are absolutely necessary to their very Existence, but will be also very injurious to the State in general: And whereas the Committee lately empowered by this State to proceed to Providence in Rhode-Island, and in Behalf of this State, there to meet with Committees from the other New-England States; and among other Things to confer upon Measures necessary to prevent Monopoly and the high Price of Goods, and the Necessaries of Life, and for Regulation of Vendues; have in Conjunction with the said Committees, recommended that Rates and Prices be settled and affixed by an_ Act of this State, to the Articles herein after enumerated. Be it therefore enacted by the Council and House of Representatives in General Court assembled, and by the Authority of the same. That from and after the Twenty- eighth Day of January One Thousand seven Hundred and seventy-seven, the Price of Farming-Labour in the LAWS OF MASSACHUSETTS, 1'7'7'7. 421 Summer-Season shall not exceed three Shillings by the Day, and found as usual; and so in usual Proportion at other Seasons of the Year. And the Labour of Mechanics and Tradesmen, and other Labour, beside what is herein hereafter especially enumerated, in Pro- portion thereunto, according to the Usages and Customs which have heretofore been adopted and practiced in this State, when compared with Farming Labour. Avd he it further enacted iy the Authority aforesaid, That the following Articles shall not be sold for a higher Price than is herein hereafter settled and affixed to them respectively, viz. Good merchantable Wheat at seven Shillings and six Pence per Bushel. Good merchantable Rye or Rye Meal at five Shillings a Bushel. Good Indian Meal or Corn at four Shillings a Bushel. Good merchantable Sheeps Wool at two Shillings a Pound. Fresh Pork well fatted and of a good Quality, at four Pence half Penny a Pound ; and Salt Pork in usual Proportion according to the Price of Salt. Good well fatted Grass fed Beef at three Pence a Pound; and Stall-fed Beef well fatted at four Pence a Pound; and Beef of an inferior Quality in equal Proportion. Raw Hides at three Pence a Pound. , Raw CalfSTcins at six Pence a Pound. Good merchantable imported Salt at ten Shillings a Bushel; Salt manufactured from Sea Water within this State at twelve Shillings a Bushel. Good Merchantable West India Rum at six Shillings ^'^' '»*" and eight Pence a Gallon by the Hogshead, including the Cask, and six Shillings and ten Pence by the Barrel, exclu- sive of the Barrel, and seven Shillings and eight Pence by the single Gallon, and two Shillings by the Quart, and so in Proportion for a less Quantity, according to the former Custom and Usages for retailing smaller Quantities, saving an Allowance of one Penny a Gallon for every ten Miles the same shall be carried by Land Carriage from the first Port of DeUvery. New England Rum at three Shillings and ten Pence aj^^"'-'-"""'"'' Gallon by the Hogshead or Barrel, exclusive of thirteen Shilling^ and four Pence for the Hogshead, or four Shill- ings for the Barrel, and four Shillings and six Pence by the single Gallon, at the Town where the same is dis- 422 BEVOLUTIONAEY LEGISLATION. tilled, and so in like Proportion for smaller Quantities, according to the old and approved Customs for retailing smaller Quantities, allowing one Penny each ten Miles for every Gallon that has been or shall be transported by Land from the Place of Distillery. Sugar. Bgg^ Muscovado Sugar at fifty-four Shillings a Hun- dred by the Hogshead, and three Pounds by the single Hundred, and eight Pence a Pound by the single Pound at the Place where it is first landed, and allowing nine Pence for the Transporting of every Hundred Weight ten Miles by Land Carriage; and Sugars of an inferior Quality in the usual Proportion. Molasses. Molasses, of the best QuaUty at three Shillings and four Pence a Gallon by the Hogsheads, including the Cask, and three Shillings and eight Pence by the Barrel exclu- sive of three Shillings for the Barrel, and four Shillings by the single Gallon at the Place where it is first landed from the West-Indies, and so in Proportion in the Coun- try, allowing one Penny a Gallon for every ten Miles Transportation by Land into the Country or from the Place where it is so landed. Best Cocoa at six Pounds ten Shillings a Hundred Weight. American manufactured Chocolate one Shilling and eight Pence a Pound. Cheese manufactured in America six Pence per Pound. Butter at ten Pence a Pound by the single Pound, and nine Pence by the Firkin. Peas eight Shillings a Bushel. Beans six Shillings a Bushel. Potatoes commonly called Spanish Potatoes of the best QuaUty at one Shilling and four Pence a Bushel in the Fall of the Year, and not more than two Shillings in any other Season, and other Potatoes in usual Proportion. Men's best Yarn Stockings six Shillings a Pair, and in that Proportion for an inferior Quality. Shoes. Men's Shoes made of Neat's Leather, of the best com- mon Sort, eight Shillings a Pair, and for others the like Price according to their size and Quahty. Salted Pork by the Barrel two Hundred and twenty Pounds in a Barrel, four Pounds twelve Shillings. oftheB^ner'™ ^^^^ ^^ ^^^ Barrel two Himdred and forty Pounds in a Barrel, three Pounds fourteen Shillings and six Pence. Cotton. Cotton three shillings a Pound by the Bag, and three Shillings and eight Pence by the single Pound, at the Port LAWS OF MASSACHUSETTS, 1717. 423 where it is first Landed from the West-Indies, and the like Allowance for Transportation as for other Articles. Oats two Shillings a Bushel. Good well dressed Merchantable Flax, one Shilling a Pound. Good Coffee one STiilling and four Pence a Pound by the single Pound. Good tried Tallow seven Pence half-penny a Pound, and rough Tallow j^w Pence a Pound. Good Yard-wide Tow-Qoth, two shillings and three Pence a Yard, and other Tow-Cloth in Proportion, ac- cording to its Width and Quality, and the Price of Coarse Linnens to be computed after the same Rate. Good Yard-wide striped Flannel three Shillings and six Pence a Yard, and other Flannels in Proportion, according to their Widths and Qualities; and other Woolen Cloth, Manufactured in America, according to their Widths and Qualities. Green Oak Wood brought from the Country, and de- livered at the Door of the Buyer, in Boston, twenty-eight Shillings a Cord. Good Walnut Wood, so delivered, thirty Shillings a Cord. Good Walnut Wood brought from the South Shore, and delivered at a Wharf in Boston, twenty-eight Shillings a Cord. Good Oak Wood, brought from the South Shore, and so delivered, twenty-four Shillings a Cord. Eastern Wood, in Consideration of the Risque in bring- ing the same, twenty-two Shillings a Cord, delivered at the Wharf in Boston. Good Charcoal one Shilling a Basket. Tanned Hides, at one Shilling and three Pence a Pound, and Curried Leather in usual Proportion. Homespun Yard-wide Cotton and Linen doth of the Common Sort, three Shillings and six Pence, and other Widths and Qualities of Cotton and Linen in like Pro- portion. Mutton, Lamb and Veal, at four Pence a Pound. Floiu", imported from the Southern States, at thirty Shillings a Hundred. Flour, Manufactured in this State at twenty five Shil- lings. Horse-keeping in Boston for a Night, or twenty four Hours, with English Hay, two Shillings, and in other Tow-Clotb. Flannel. Wood. I.eather. Cloth. Flour. 424 EEVOLXJTIONARY LEGISLATION. Places in Proportion. For keeping a Yoke of Oxen the same as a Horse. Teaming Work, one. SMlling and six Pence for every Ton Weight a Mile, excepting from Northampton to the Northern Army, for which may be taken two Shillings a MUe for each Ton Weight. Turkeys, Dunghill Fowls and Ducks, to be Sold only by the Pound, Sit Jive Pence a Pound. Geese at /our Pence a Pound. Milk at two Pence half -penny a Quart. Good Refined Iron at fifty Shillings a Hundred. ^°° Bloomery Iron at thirty Shillings a Hundred, at the Place of Manufactory, and the same Allowance to be made for Transportation of Iron by Land, as is allowed for other Articles. Liver OU by the Barrel /owr Shillings a Gallon. Blubber refined, thirty Shillings a Barrel. Hay. English Hay, of the best Quality, at five Shillings a Hundred, and so in Proportion for a meaner Quality or Sort of Hay. Boards. Good Merchantable White Pine Boards, not to exceed forty-eight Shillings a Thousand in Boston, and other Lumber in Proportion, and the Price in other Parts of this State to be in Proportion thereunto, according to ancient Customs and Usages. And ie it enacted by the Authority aforesaid, That the Prices of aU the Articles produced in America herein before enumerated, excepting those to which the Prices Prices to be of Transportation are aflSxed, shall be taken and deemed deemed the price ^ . ' at Boston. to be the Prices of such Goods and Articles in the Town of Boston; and that the Select-Men and Committees of the several Towns in this State shall be, and hereby are impowered to affix and settle in their respective Towns, what such Articles and Goods shall be Sold for in their Towns respectively, according to the Proportion the Price such Goods have borne in such Towns, with the Price they have been at in the Town of Boston, according Selectmen and to the ancient Usage and Custom of such Towns. And fli prices. the said Selectmen and Committees are in like Manner impowered and directed to set and establish the Prices of Goods herein not enumerated according to the Propor- tion the Price of them have usually borne in their respec- tive Towns to those herein enumerated. And the said Selectmen and Committees are also required to make out a fair List of all the Articles to which they shall affix LAWS OP MASSACHUSETTS, 1717. 425 Prices, and to Post the same with the Prices by them so affixed, up in some public Place or Places in the Town where they Live and also to return a List of such Prices to the Clerk of such Town, there to remain upon Record, and such Prices by them affixed pursuant to the Duty herein enjoined and Power hereby given them, shall be taken and deemed to be the Price set and affixed by this Act in such Town. And be it also enacted, That in Plantations where there ^ '" plantations ' (.ommittees may are no Selectmen the Committee shall have such Power '*™''i'"<=^s- and be required to perform the same Duties as Select- men and Committees have within their Towns respec- tively. And he it further enacted hy tJie Authority aforesaid, That the Price of aU European and East India Goods and Merchandize of all Kinds, which have been or shall be imported into this State, as also of all such Goods which have been or shall be brought into this State in any Prize Vessel, shall not exceed the following Rates, viz Woolen Goods, Coarse Linens, Duck, Cordage, Tick- g°°i™^j^pijj|™| lenburgs and Oznabrigs, shall not be Sold by Wholesale p^^^ ^^vince''at at a higher Rate than in the Proportion of two Hundred^^^^ (loods''^t and seventy-five Pounds Sterling for what usually Costs '^ one Hundred Pounds Sterling, in that Part of Europe from whence they are imported; and any other Goods, Wares or Merchandize excepting Hemp, Warlike and Military Stores imported from thence or brought, or which shall be brought into any Port in this State in any Prize Vessel, shall not be Sold at a higher Rate from the Prime Cost as aforesaid, than in the Proportion of two Hundred and fifty Pounds Sterhng for what Cost one Hundred Pounds Sterling in Europe; and the Seller by Wholesale shall make out a Bill of Parcels at the the^'retauer^'may Sterling Cost of the Articles sold, with his Advance ^'P^'^^'^tt''^^ thereupon, and deUver the same to the Bearer, under P™^"y Penalty of the Sum at which such Articles are so sold by him; and the Retailers of such Goods, Wares and Merchandize shall not sell them at a higher Advance than Twenty per Cent, upon the Wholesale Price, and shall, if requested by the Buyer, give a Bill of Parcels, with the Sterling Cost and the Advance. And he it further enacted by the Authority aforesaid, That if any Person having any Article or Articles neces- sary for the Use of the American Army or Navy, shall 426 REVOLUTIONARY LEGISLATION. withhold or refuse to sell the same for a reasonable Reward, in such Case upon Complaint thereof made upon neSry foriSlOath to the Council or Board of War of this State, or ?etei^g°1iy seu^^^y knowing or suspecting the same, or either of them, stwel to ""to ^r® hereby authorised and impowered to issue their o^ned by war- -yyaj-pant to any Sheriff, Deputy-Sheriff or Constable, to impress the same, and for that Purpose in the Day Time, between Svm-rise and Sun-set, to break and enter any Warehouses, Stores or other Places where such Goods are deposited, or suspected to be deposited, and to take and apply the same to the Use aforesaid, the Owner thereof being paid the Price at which such Goods are fixed in this Act, and in Case the Price of the Goods so taken is not herein settled and fixed, the Owner shall be paid for the same at a reasonable Appraisement to be made of such Goods by three indifferent judicious Men under Oath for that Purpose appointed, one of them by those who issued the said Warrant, and one by the Owner of the said Goods, and one by the Officer directed to execute said Warrant; but if the Owner shall dechne to make such Appointment, two of the said Appraisers shall be appointed by the Persons who shall execute such Warrant, and the Sum at which the said Goods shall be appraised shall be immediately paid as aforesaid. vendu»Master And ie it further enacted hy the Authority aforesaid, Auction at a That if any Vendue Master, or any one for, or under higher Price, on "^ / ./ 7 forfeiture of £50 him, shall at any Vendue or public Sale, sell any Article for a greater or higher Price than by this Act is Umited, he shall forfeit the Sum equal to that for which such Article shall be sold, and is hereby disqualified from acting at any Time as an Auctioneer or Vendue Master, and in Case he, or any one in his Behalf, should presume to Act in that Capacity, he shall forfeit a Sum of Fifty Pounds for every Offence. ing*St"a 'Slher ■^'"^ ^^ ** further enacted by the Authority aforesaid, fli^byuSsAcf "^^^^ every Person who shall seU any of the Articles abovementioned, at a greater Price than is herein settled and fixed for the same, or others not enumerated in a manifest Disproportion thereto, upon Conviction, shall be Fined for every Article so sold of the Price of Twenty Shillings, or under, the Sum of Twenty Shillings, and for every Article of a Price above Twenty Shillings, a Sum equal to that for which such Article shall be sold — -and every Person who shall take, and receive for his Service LAWS OF MASSACHUSETTS, 111?. 427 and Labour, a greater Sum of Money than is settled and fixed for the same in and by this Act, shall forfeit and pay a like Sum of Money, to that which he shall take and receive for such Service and Labour. And he it further enacted, That whoever shall sell &T^Jjn^n^n^*°^ Goods, Wares or Merchandizes, or shall do any Service ^^^gfd ^t a Prira or Labour, at a greater Price than is settled and fixed ^^®''*''^*''"™ thereto, in and by this Act upon Credit, shall not have or maintain any Action for the Recovery thereof, but shall be barred therefrom, and the Person against whom any Action shall be brought for the Recovery of such Money, may plead the General Issue thereto, and give the special Matter in Evidence to the Jury. And he it further enacted hy the Authority a/o?"esa*«?, reSwedTndto That all the Fines and Forfeitures mentioned in this Act '^'""^■ shall and may be recovered in any Court proper to try the same, within the County in which the Offence shall have been committed, by Action, Presentment or In- dictment; one Half thereof to the Use of this State, and the Residue to the Prosecutor, together with the Costs of Prosecution. And all Grand Jurors are hereby strictly enjoined to take Cognizance of, and to make due Presentment of all Offences against this Act which shall come to their Knowledge, or whereof they shall receive due Information. And he it further enacted hy the Authority aforesaid, agftast'^^ersons That if any Person shall Engross, or have in his Pos- ^^^^ ™|^^tjt* session by Purchase or otherwise, more of any Article JJ^^jf^"^^^^, in this Act enumerated or any other Necessary of Lif e ^P^^fi'to ^^ than is necessary for the Consumption of his own Family "^l;"^,,^^'""^ and immediate Dependants, and which he holds with an apparent Design in the Judgment of the Major Part of the Selectmen of the Town where he Lives, or where such Article shall be to Sell, Trade upon, and not for his own Consumption as aforesaid, and shall refuse to sell and dispose of the same for the common Currency of this State or the United States of America, and at the Prices aflSxed and settled by this Act, or by the Select- men and Committee in Pursuance of it and Complaint being thereof made to the Major Part of said Selectmen, by or in the Behalf of any Person who is in want of such Article or Articles for his own immediate Support, the Support of his Family or immediate Dependants; and the said Selectmen or a Major Part of them, believing the same to be true, shall Demand of such Person so 428 KEVOLXJTIONAEY LEGISLATION. refusing to Sell such Article or Articles for such Price as is aflBxed by this Act, or by the Selectmen or Commit- tee in Pursuance of it; and if such Person shall refuse to comply therewith or cannot be found to have such Demand made of him, the Major Part of said Selectmen shall apply to some Justice of the Peace within the smae County, for a Warrant to open any Store, Warehouse or Granary, in which such Article or Articles may be, or otherwise to take Possession of the same: And the said Justice shall without Delay make out his Warrant di- rected to some Sheriff, Deputy Sheriff or Constable, in form following, viz. Suffolk, ss. To Greeting. wSt. °' *"' WHEREAS Complaint is this Day made to me, iy A, B, C, D and F, a Major Part of the Selectmen ofL, [seal.] in the said County of S, that I K, q/" said L, (addition) Jiath now in his Possession mth Design to Sell and Trade upon the same, and which is not by him designed for the Consumption of his Family or immediate Dependants; and that the said I K, does, though requested thereunto by the said Selectmen, refuse to Sell thereof to N, 0, ofR, within this State, who is in great Necessity therefor {for the Support of his Family and immediate Dependants) for the Price set and affixed by a Law of this this State, intitled, "An Act to pre- vent Monopoly and Oppression." You are therefore hereby required, in the Name of the Government and People of the Massachusetts Bay in New England, talcing with you a Major Pari of the Selectmen of said L, in the Day Time, between the rising and setting of the Sun, to open the Store of the said I, K, or as the Case may he, to take Possession of the said and the same deliver to the said Select- men, to the intent that the said Selectmen may seU and deliver to the said N, O the aforesaid or so much of that Article as the said N, O, has absolute Necessity for; and you are to make true Return of this Warrant to me as soon as may be, with your Doings therein. Given under my Hand and Seal, the Day of in the Year of our LO R D, 177 . And the said Selectmen, or the Major Part of them, having Possession of such Article or Articles in Manner aforesaid, shall sell and deliver to such necessitous Person so named in such JWarrant, so much of the Article therein mentioned, as he stands in Need of for the Support of his Family and immediate Dependants, LAWS OP MASSACHUSETTS, 111?. 429 at the Price affixed as aforesaid, and after deducting out of the Money received therefor, the Pay for their own Service, at the Rate of four Shillings a Day, the Officers legal Fees, and two Shillings for the Justice's Warrant, shall pay the Overplus, if any there be, to the Person who owned or possessed such Goods. Provided nevertheless, That the said Selectmen shall not be obliged or impowered, in Pursuance of this Act, to supply any Person as aforesaid, who has by him, to their Knowledge, any of the Articles in this Act enumer- ated, or any other Necessary of Life more than he stands in Need of for his own Consumption, and refuses to expose them to Sale for the Prices set and affixed in this Act, or that shall neglect or refiise to bring them to Market, according to his usual Custom And he it further enacted, That when any action shall be brought against any Officer, who has a Duty assigned him by this Act, he may plead the general Issue, and give the special Matter in Evidence for his Justification. Proviso. [1777, p. 129.] CHAP. XLVI. An Act in Addition to, and for amending and more effectually carrying into Execution, an Act, intitled, "An Act to prevent Monopoly and Oppression," made in the present year. WHEREAS it appears that the Prices at which sundry Articles are fixed in the Act to prevent Monopoly and Oppression are not adequate to the Expence which wiU hereafter prohahly he incurred in procuring such Articles: Be it therefore enacted hy the Council and House of Representatives in General Court assembled, and hy the Authority of the same. That the Selectmen and Com- mittees of Correspondence, &c. of the several Towns in this State, be and they are hereby impowered to settle and affix in their respective Towns, once in two Months, during the Continuance of this Act, the Price of Farming and other Labour, the Price at which Poultry, Flour and Iron, either Imported by Land or Water into such Town, or Manufactured therein, may be Sold for, having Respect to the Quality of such Flour and Iron. And that said Selectmen and Committees cause the Prices by them affixed and settled for said Articles to be posted up in some public Place or Places in their respective Towns, and six Days at least before such Prices are to Preamble. Selectmen and Committees to settle and affix in thei r se V eral Towns once in two Months, the Price of farming Labour, &c. and Post up the saine in some public Place in their re- spective Towns. 430 EEVOLUTIONAEY LEGISLATION. take Effect. And that the Price the several Kinds of Smiths Work be set by the Selectmen and Committees of the several Towns in this State as the Price affixed by them to Iron may in their Opinion make it necessary, and also the' Prices beyond which Innholders may not exceed in disposing of mixed Liquors to Travellers and others, in their respective Towns. And he it further enacted, That the following Articles be hereafter Sold at the Prices following, or not exceeding such Prices, viz. Fleece Wool, at two SMUings and two Pence per Pound. Tanned Hides at one Shilling and four Pence per Pound. oiM^tated! ^'*'' ^J^ ^t ^'''^ Shillings per Bushel, delivered at Market. Fresh Pork at five' Pence per Pound, delivered at Market. Cocoa at seven Pound per Hundred Weight. Chocolate at two Shillings per Pound by Wholesale, and two Shillings and two Pence per Pound by Retail. Coffee at one Shilling and four Pence per Pound by Wholesale, and one Shilling and eight Pence per Pound by Retail. Cotton at three Shillings and six Pence per Pound by Wholesale, and four Shillings per Pound by Retail. Best American made Cheese at eight Pence per Pound by the single Cheese. Butter at ten Pence per Pound by the Firkin, and one Shilling per Pound by the single Pound. Oats two Shillings and four Pence per Bushel at Market. Flax at one Shilling and two Pence per Poimd at Market. Tow Cloth, Yard-wide and "good, at two Shillings and six Pence per Yard, and others of different Widths and Goodness in a usual Proportion. Good Homespun Yardwide Cotton and Linnen Cloth at four Shillings per Yard, and other Widths in a usual Proportion. For keeping two Oxen a Night or Twenty-four Hours, in Boston, at good English Hay, two Shillings and eight Pence. AH Spirits distilled in New-England other than Rum, to be at the same Price and under the same Regulations in all Respects as are provided for New-England Rum. Teaming Work at two Shillings for a Ton Weight a Mile when the Distance is more than forty MUes, and LAWS OF MASSACHUSETTS, 1777. 431 not otherwise, and this to last only till the First of June next. Good Merchantable West-India Rum at eight Shillings per Gallon by the Hogshead, including the Cask, and eight Shillings and two Pence by the Barrel exclusive of the Barrel, and nine Shillings by the single Gallon, and two Shillings and three Pence by the single Quart, and so in Proportion for a less Quantity, according to the former Custom and Usages for Retailing smaller Quan- tities; saving an Allowance of one Penny a Gallon for every ten Miles the same shall be carried by Land Carriage, from the first Port of Delivery. Molasses of the best QuaUty at three Shillings and eight Pence a Gallon by the Hogshead, including the Cask, and four Shillings by the Barrel, exclusive of three Shill- ings for the Barrel, and four Shillings and four Pence by the single Gallon, at the Place where it is first Landed from the West-Indies, and so in Proportion in the Country, allowing one Penny a Gallon for every ten Miles Trans- portation by Land into the Country, or from the Place where it is so Landed. New England Rum at four Shillings and two Pence a Gallon by the Hogshead or Barrel, exclusive of thirteen Shillings and four Pence for the Hogshead, or four Shill- ings and four Pence for the Barrel and four Shillings and ten Pence by the single Gallon, at the Town where the same is distilled, and so in like Proportion for smaller Quantities, according to the old and approved Customs for RetaiUng smaller Quantities, allowing one Penny each ten Miles for every Gallon that has been or may be Transported by Land from the Place of Best Muscovado Sugar at Sixty-six Shillings a Hundred, g^^^ ooraao by the Hogshead, and Seventy-two Shillings by the single Hundred, and ten Pence per Pound by the single Pound, at the Place where it is first landed, and allowing nine Pence for the Transporting of every Hundred Weight ten Miles by Land Carriage: And Sugars of an inferior Quality in the usual Proportion. Brimstone shall be considered as included under the BrinistonB. Denomination of Military Stores, in the first mentioned Act, and the Prices whereof are not limitted by said Act. And the Prices here affixed, or which may by the Selectmen and Committees be affixed to any Article by g J^'^^^gj^s^l.^ ^y Virtue of this Act, shall be the Prices, above which such prf^'^™ '^ '"^ Article may not be sold; any Thing in said Act for 432 EEVOLTJTIONAEY LEGISLATION. preventing Monopoly and Oppression, to the contrary notwithstanding. And any Person offending against the same, shall be liable to the Penalties provided by said Act. And be it further enacted iy the Authority aforesaid, That when any Store, Warehouse, or other Building shaU be opened by Warrant from a Justice of the Peace, in the Manner prescribed in the Act, to which this Act Upon opening is made in Addition, or Dwelling House, or other Building be made to any and Apartment, which they are hereby in like Manner ing. impowered to enter, the Selectmen may not only sell and dispose to the necessitous Person applying therefor, but to all others who shall appear to purchase by Retail in small Quantities; and also to Innholders, Rum by the Barrel; and to Bakers, Flour by the Barrel, upon the Day of executing the said Warrant. And no Distiller, DistiUers not to that Retails, shaU be subjected or compelled to sell unless. Rum by the Barrel, unless he has more than one Hundred Gallons on Hand; nor shall any other Retailer of Rum or Molasses, be subjected or compelled to sell by the Barrel, imless he has two Hundred Gallons of each on Hand; and in Places or Plantations where there are no Selectmen, the Committees of Correspondence, &c. are Committees to execute all the Powers given Selectmen, or Committees the* Powers In and Selectmen jointly, by this or the former Act. And ***■ if none of the aforesaid enumerated Articles shall be found upon opening any such Store, Warehouse, &c. as has been before described; the Possessor for refusing to open the same shall pay Charges. These extraor- And he it further enacted by the Authority aforesaid, be used in Cases That the Powcrs and Authorities by the last preceeding sity. Paragraph, granted to Selectmen and Committees, can only be justified in Cases wherein the very Existence of the Community is depending, and must, whenever adopted, be in its Nature; short and temporary; and cannot, with any Propriety, consistent with the Preserva- tion of the common Rights of Men be adopted, but only in Cases wherein the Avarice and Wickedness of a few, endanger the Ruin and Destruction of the State: And therefore that this Instance shall not at any Time here- after be drawn into Precedent, excepting in Cases of like Necessity. in^c^Se1he™rt^ Provided always, That if the Possessor of any Store, Sf noTtile* Pri°- Warehouse, &c who may be requested to open the same, erty of the Pos- gp either of them, by the Selectmen or Committee, as sessor. «* ; ./ / LAWS OF MASSACHUSETTS, 1111. 433 in the Case beforementioned, shall, upon opening the Store, Warehouse, &c. assert, that the Whole, or any Part of the said enumerated Articles therein contained, are the Property of the United States, or any of them, then the said Selectmen and Committee shall stay all further Procedure thereon; and if the Possessor of such Store, Warehouse, &c. shall, upon opening the same declare, that the Whole, or any Part of the said enumer- ated Articles contained, are the. Property of any other Person, and shall declare to whom they belong, then the Selectmen and Committee shall stay all further Procedure on the Articles asserted to be the Property of another, till they shall in Person, or by Writiag, apply to the Person or Persons thus declared to be the Owner of such Articles, representing that they are wanted for the present Consumption of the Inhabitants, and requesting the Sale thereof; and if the Person thus applied to, being the Owner thereof, after receiving such Request, shall neglect, or refuse, in a reasonable Time, in the Judgment of a major Part of the Selectmen and Committee of the Town where the Articles are, to give License for the Sale of such Articles, at the Prices stated in the said Act, then the Selectmen or Committee aforesaid, shall proceed as is before directed, where the Possessor refused to sell his own Goods: And in Case the Owner of said Articles is not to be found, the Selectmen or Committee aforesaid, shall give Notice in the pubUc News-Papers three Weeks successively, enumerating the Articles, mentioning the Place where they are deposited, that lihey are wanted for the present Use and Consumption of the Inhabitants, and calling on the Owner thereof forthwith to sell them himself, or to authorize some other Person to sell them at the Prices fixed by said Act: And in Case no Person or Persons shall appear authorized to sell said Articles in a reasonable Time after such Advertisement, in the Judgment of the major Part of the aforesaid Selectmen or Committee, then they shall apply to some Justice of the Peace for the same County, for a Warrant to take the same, and proceed thereon as is herein before directed; and after paying such Charges as in the former Act are mentioned, and the Cost of Advertising, the Selectmen or Committee aforesaid, shall pay the Overplus into the pubHc Treasury of this State, (taking two Receipts therefor, one whereof to be lodged in the Secretary's OflEice) there to remain till 37639°— 18 28 434 EEVOLUTIONAKY LEGISLATION, faisrfnforma^SS ^omc Person shall make it appear that he is legally in titled Pofsrsso^r ^Mto t^e same, or till the further Order of this Court. And Goods. ^f ^]jg Possessor of any Store, Warehouse, &c. who may be applied to as above described, shall, knowingly, give false Intelligence, concerning the Property of any Goods in his Custody, he shall forfeit a Sum equal to the Value of the Goods, concerning which he shall give such false InteUigence; one Half thereof to the Use of the Prose- cutor, the other Half to the Use of this State, to be recovered in any Court proper to try the same. Be it further enacted ly the Authority aforesaid, That if any Person, in selling any of the said enumerated Articles, shall ask or receive any Sum beyond that which is limited by the first mentioned Act, or by this Act, on Method ^saie to Pretence of any unusual Consideration, or in any Way or the'"pi%*''i1itOTt Manner which has not been for several years last past "imwAcr *''* commonly practiced between Buyer and Seller, or shall use any different Method in disposing thereof, from what has been commonly known and approved, so as to evade the plain Meaning and Intent of the said Act, such Person shall be deemed a Transgressor, and suffer such Penalties as are in the first-mentioned Act provided. Be it further enacted hy the Authority aforesaid, That when any Vessel that is private Property, shall arrive into any Harbour in this State, the Owner or Master shall lay before the Selectmen or Committee of the Town where such Vessel shall arrive, or a special Committee of Three Vessels import- or Fivc of them, appointed by a major Part for this break Bulk, until Purpose, a complcat Manifest of all the Goods on Board, the Selectmen, and shall uot break Bulk for any other Purpose, tiU the said Selectmen or Committee have returned to the Owner or Master, a Schedule of all the Articles therein contained, which they have been requested by the Continental Agents, or the Board of War, to reserve for the Army. And if any Person shall break Bulk before the said Selectmen or Committee shall have returned a Schedule as aforesaid, provided the said Schedule shall be returned within Twenty-four Hours; or if any Article thereui mentioned, is otherwise disposed of than to the said Selectmen or Committee, or some Person in their Behalf, agreeable to the said Acts; in such Case the Owner or Master thereof shall forfeit a Sum equal to that for which such Article shall have been sold; and the Remainder of the Cargo shall be sold to such Persons as have conformed themselves to the Prices in these Acts LAWS OF MASSACHUSETTS, 1111. 435 regulated. And whenever it shall be made to appear to the Satisfaction of the Selectmen and Committee of such Town, that any Person has, knowingly violated the said Act, the Selectmen and Committee shall keep a fair Eecord of the Names of all such Persons, and give a true Copy thereof to the Owner or Master, of every Cargo that shall arrive as aforesaid, directing him or them not to sell to any of those Persons, any Article whatever, until such Trans^essms'not Violators shall have made Satisfaction for such his ^'^®^^/'"'' Misconduct, and given Assurance for his Future Observ- ance to this and the former Act, to the Satisfaction of the Selectmen and Committee. And if any Owner or Master, or any Person in their Behalf, shall sell to any Person who is borne on such Copy, or such Person as shall be knowingly employed by them, any Article remaining of said Cargo, he or they shall forfeit a Sum equal to that for which every Article shall be so sold. And he it further enacted by the Authority aforesaid, That there shall be elected some Time on or before the (.jj^^^tj^se*"^^* last Day of June next, in each Town and Plantation ^t'loS"' m/^\o within this State, Three, Five, or Seven Persons, who shall latorhMeof!^'* be under Oath to prosecute all Breaches of this Act, and of the Act for preventing Monopoly and Oppression, which shall come to their Knowledge, or of which they shall receive Information; and each Person so chosen, shall execute said Office until the Annual March Meeting in their respective Towns, when other Persons shall be chosen and sworn in their Stead; and such Persons shall afterwards be chosen Annually, during the Continuance of said Act; and any Person chosen into said Office, and refusing to serve therein, or to take said Oath, shall forfeit and pay the Sum of Five Pounds, to be recovered in like Manner, and to the same Use that Penalties for not serving in other Town Offices are to be recovered and appMed; and the said Committee shall be intitled to such Proportion of the Penalty recovered by any Prosecution, as by either of said Acts are given to the Person who may prosecute for any Breaches thereof; and when any Person chosen to said Office shall refuse to serve therein, the Town to which he belongs shall choose some other Person in his Place, and so as often as the Case may require. And be it further enacted, That when any Person shall prosecute another for violating either of these Acts, and vi^fon'in'Mrtain other Evidence cannot be had, in such Case the Prose- ''^^^ 436 REVOLUTIONAEY LEGISLATION. cutor's Oath shall be received as sufficient Evidence, unless the adverse Party shall offer, and actually swear that he is not chargeable with the Fact aUedged against him; in which Case the Person prosecuted, shall be admitted to the Oath, and the Prosecutor shall be denied. > And in all Prosecutions by Indictment of the Grand Jury, on this or the former Act, one HaK the Forfeiture shall enure to the County where the Offence is com- mitted, the other Moiety to this State, and be paid to the Treasury of the State and County respectively. Afid he it further enacted, That when any Action shall be brought against any Person, for proceeding agreeable to this Act, he may plead the General Issue, and give the Special Matter Special Matter in Evidence for his Justification; and no b« ^ven u^CT Person that has been guilty of a Breach of the Act to e general ssue. ^j^-^j^ ^j^^g |g jji^dc in Addition, against whom no Prose- cution is already commenced, shall be prosecuted there- for, unless he or she shall, after the PubMcation of this Act, again violate or transgress this or the former Act; and in all prosecutions already commenced, in Case the Persons prosecuted, shall pay the Prosecutor double the Costs aheady arisen, the Prosecutor shall surcease or discontinue all further Proceedings in such Prosecution. And he it further enacted hy the Authority aforesaid, tote.ielfter'SThat no Execution shall, after the fifteenth Day of June iS'nuSc!^ °**next, be issued from the Office of any Clerk of any In- terior Court of Common Pleas, or of the Superior Court of Judicature, &c. for any Sum whatever, unless the Plaintiff or Plaintiffs sueing in his or their own Right, and dwelling within this State, shall first take the fol- lowing Oath, viz. oS° "' **"* Y0Z7 A. B. do, in Presence of God, solemnly declare, that you have not, since the fifteenth Day q/ June, 1777, wittingly and willingly, directly or indirectly, either hy yourself, or any hy, for, or under you, heen con^ cemed in selling any Article enumerated in the Act to prevent Monopoly and Oppression, at a higher Price than is hy the said Acts limited for such Article, or hy the Selectmen or Committees in Pursuance thereof. So help you God. The ^ Clerk oi Which Oath may be administred by any Justice of the powered to ad- Peace, or by the Clerk of such Court; and Certificate Oath. thereof shall be made on such Execution by the Clerk; and if any Execution shall issue after the Day aforesaid, LAWS OP MASSACHUSETTS, 1777. 437 without such Certificate, the same shall be, and hereby is declared to be void: And no Licence shall be granted to, nor any Recognizance taken from any Taverner, Innholder, or Retailer, by the Justices of any of the in^howe" to*to Courts- of Sessions within this State, after the Day ^^o™^^tore^toe aforesaid untill such Taverner, Innholder, or Retailer shall have taken said Oath, in the Presence of the Court, or a Certificate of his having so done, from some Justice of the Peace, shall be presented to the Court. ATid he it further enacted hy the Authority aforesaid, That this Act, together with the Act above-mentioned, in- titled. "An Act to prevent Monopoly and Oppression," shall be, and continue in Force for the Term of three Years, from the first Day of January last, and no longer. [1777, p. 139.] CHAP. II. An Act to prevent the Selling of Goods at Public Vendue. Whereas by the Practice oj Selling Goods at Public Preambio. Vendue in a Time of Scarcity, it often happens that one Person bidding upon another has a Tendency to enhance the Prices of such Goods much beyond their real Value, to the great Damage of the Public; and some People having been Wiclced enough to bid upon their own Goods for the Purposes of raising the Price: It is therefore enacted by the Council and House of Representatives in General Court assembled, and by the Authority oj the same. That the several Laws and Para- graphs in the Laws of this State relative to selling Goods at Public Vendue, be and hereby are repealed and declared ^ Repeal oi former Null and Void (excepting those Laws that impower and direct Sheriffs, Deputy Sheriffs, and Constables, to make Sale of Goods, taken by Executions or otherwise, and Assets in the Hands of Executors and Administrators for Payment of Debts). And be it further enacted by the Authority aforesaid, That if any Person or Persons shall from and after the Twenty-Fifth Day of August Instant, Sell at Public Forfeiture lor Vendue, Auction or Outcry, any Goods, Chatties, Wares, gooSs? ' Merchandize or Effects whatsoever, (excepting as before excepted) and excepting such Continental Stores as may be Sold at Public Vendue, by the Commissary General or his Order, in Consequence of Resolutions of Congress, shall forfeit and pay such Sum as the Goods 438 Limitation. REVOLUTIONAEY LEGISLATION. SO Sold shall amount unto, to be recovered by Indictment or Presentment of the Grand Jury, or by a special Action of the Case, in any Court proper to try the same; one Moiety thereof to him or them that shall Sue for the same, and the other Moiety to the Use of the Town or Plantation where the Offence is committed: And where any Forfeiture shall be recovered in Consequence of a Presentment or Indictment of the Grand Jury, one Moiety thereof shall be to the Use of the County where the Offence is committed, and to be paid to the County Treasurer accordingly, and the other Moiety to the Town or Place where the Offence is committed. This Act to continue and be in Force until the First Day of November, and no longer. Preamble. [1777, p. 140.] CHAP. III. An Act to prevent the pernicious Practice of Distilling, into any Kind of Spirit whatever. Cyder, Wheat, Indian Corn, Rye, Barley, and Oats, or either of them. WHEREAS it is oj great Importance, that Cyder as well as all Kinds of Grain, whether imported into this State, or the Growth and Produce thereof, should he preserved for the Use and Suhsistance of the Army and Inhabitants; and whereas a Scarcity of the Necessaries oj Life, and other (Harming Consequences may talce Place by suffering Spirits of any Kind whatever to be Extracted or Distilled from Cyder, Wheat, Indian Com, Rye, Barley, and Oats, or either of them: For Prevention whereof, Be it enacted by the Council and House of Representa- tives in General Court assembled, and by the Authority of the same. That any Person or Persons whatsoever, who shall within this State, from and after the 25th Day of September, in this present Year, upon any Pretence what- Prohibitoryever, extract or distill Spirits of any Kind whatever, from Cyder, Wheat, Indian Corn, Rye, Barley and Oats, or either of them, or shall directly or indirectly procure or cause Spirits and strong Liquors to be extracted or distilled therefrom, or shall put or turn any of the before- mentioned Articles, into Hogsheads, Vatts or Cisterns, for such Purpose, contrary to the true Intent and Mean- Penaity. jng of this Act, shall forfeit and pay the Sum of ten Pounds for each and every Barrel of Cyder, and six Pounds for each and every Bushel of Grain so made Use of, to be Clause. LAWS OF MASSACHUSETTS, 1111. 439 Sued for and recovered in any Court of Record proper to try the same, by Bill, Plaint or Information; one Moiety thereof to the Informer or Prosecutor, and the other Moiety to the Use of the Town where the Offence may be committed. This Act to remain m Force for the Term of one Year conUna»nce. and no longer. [1777, p. 142.] CHAP. VI. An Act for the Kepealing two Acts of the General Court made the present Year to prevent Monopoly & Oppression. WHEREAS the several Acts to prevent Monopoly and '''•amble. Oppression made the present Year, have heen very far from answering the salutary purposes for which they were intended: : Be it therefore enacted hy the Council and House of Representatives in General Court assembled, and iy. the Authority of the same, That the aforesaid Acts, viz. one Act, intitled, 'An Act to prevent Monopoly and Oppres- sion;' and another Act, intitled, 'An Act in Addition to and for Amending and more effectually carrying into Execution an Act, intitled, 'An Act to prevent Monopoly and Oppression,' made in the present Year, be and they are hereby repealed, and every Part and Paragraph of each of the Acts aforesaid, declared Null and Void. [1777, p. 146.] CHAP. IX. An Act for continuii^ an Act, intitled, "An Act to prevent the Selling of Goods at Public Vendue " WHEREAS an Act made in the present Year, intitled "An Act to prevent the Selling of Goods at Puilic Vendue" is near expiring and it ieing expedient that the same should he continued: Be it enacted ly the Council and House of Representa- tives in General Court assembled, and hy the Authority oj the same, That the said Act, intitled, "An Act to prevent the SeUing of Goods at Public Vendue," and every Clause thereof shall be and hereby is continued in full Force, until the First Day of March, which wiU be in the Year of our Lord, one Thousand seven Himdred and Seventy eight. Freambl*. 440 Preamble. EEVOLtJTIONAEY LEGISLATION. [1778, p. 165.] CHAP. XXI. An Act for reviving an Act, in titled," An Act to prevent the Selling of Goods at Public Vendue." WHEREAS many Advantages have arisen from an Act made in the Year of our Lord, One Thousand seven Hundred and Seventy-seven, intitled, an Act to prevent the Selling of Goods at Public Vendue: Be it therefore enacted iy the Council and House of Representatives in General Court assembled, and by the Authority of the same. That the beforementioned Act now expired, be revived and continued with all and every Clause, Matter and Thing therein respectively contained, and shall from and after the Fourteenth Day of March, One Thousand seven Hundred and Seventy- eight, be in Force until the Fourteenth Day of September next, excepting that Clause which permits the Sale of Continental Stores at Vendues by the Commissary- General or his Order, in Consequence of Resolutions of Congress. Provided nevertheless, That this Act shall not extend to prohibit the Public Sale of Goods in the Hands of the Committee of Sequestration already ordered by this Court. Preamble. [1779, p. 212.] CHAP. V. An Act to prevent the Sale of Goods at Public Auction. WHEREAS the selling Goods at Auction is found to be attended with many pernicious Consequences to the Public: Be it therefore enacted by the Council and House of Representatives in General Court assembled, and by the Authority o/ the same. That if any Person or Persons shall, after the Publication of this Act, presume to sell at Auction or Public Vendue, either directly or indi- rectly, any Goods, Wares or Merchandize, or any other Article, or shall offer and sell the same in such Manner viftedTo pay™a^ ®^^^^ Amount to Sale by Public Auction; any Person fngtorTiS'^rhe*'^ Persons so offending, and being thereof convicted, ^Howiecovered.^^^^^ V^J ^ ^^1^^ i^ot exceeding Four Times the Value of such Goods, Wares or Merchandize so sold; to be re- covered by Indictment of the Grand Jury, or by a special Action of the Case in any Court proper to try the same; LAWS OF MASSACHUSETTS, WVO. 441 Proviso. one Moiety thereof to the Person or Persons who shall sue for or give Information thereof, and the other Moiety to the Use of the Town where the Offence is committed; any Law to the contrary notwithstanding. Provided, That nothing in this Act shall extend to prevent Sheriffs, Constables, Executors, Administrators or Agents on the Estates of Absentees, or Collectors of Taxes from sell- ing Goods, Wares or Merchandize at Vendue, in pur- suance of the Order and Directions of Law. Provided also, That nothing in this Act shall extend to prevent any Person from selhng Real Estate and Vessels with their Appurtenances at Public Vendue. Provided further. That nothing in this Act shall extend to prevent Agents or others employed by Congress from ^^ conKnentai selling any Article the Property of the United States ^'°'^®^- at Pubhc Vendue, according to the Resolutions and Directions of Congress. This Act to continue in Force until the First Day of Limitation. January, One Thousand Seven Hundred and Eighty, and no longer. [The foregoing Act passed January 27] Agents em- ployed by Con- [1779, p. 214.] CHAP. VII. An Act against Monopoly and Forestalling. Be it enacted hy the Council and House oj Representa- tives in General Court assembled, and by the Authority of the same, That if any Person (other than Bakers, who pu?°h^"°Grata follow baking as their ordinary Business) shall purchase, SeSt lortSeslf)- engage or buy any Indian Corn, Wheat, Rye, Oats or pp^ oitheir i^m- Barley, more than shall be sufficient, with what Grain, Harvest. Meal and Flour, such Person shall have by him or her, or have engaged at the Time of such Purchase, to sup- port his or her Family and immediate Dependants, until the next Harvest Time of such Article so purchased; or that shall buy or engage any Flour, more than with what Flour, Corn, Wheat, Rye, Oats, Barley and Meal, such Person shall have by him or her, or have engaged at the Time of such Purchase, shall be necessary for the ^'""^''y- Support of such Purchaser's Family and immediate Depehdants, until the next Wheat Harvest; or that shall purchase or buy any Meal, more than shall be sufScient with what Meal, Flour, Grain and Corn, such 442 REVOLUTIONARY LEGISLATION. Person shall have by him or her, or have engaged at the Time of such Purchase, for the Support of such Purchaser's Family and immediate Dependants, until the next Harvest of Grain whereof such Meal is made; such Person so offending, and being thereof convicted, shall pay a Fine of Five Times the Value of such Article buy*'Si°MeltOr Articles so purchased: And that any Person who shall b!(''necSy for a purchase or buy any dead Meat, more than shaU be. ^^'' necessary with what such Person shall have by him or her, or shall have engaged at the Time of such Purchase, to support his or her Family and immediate Dependants for one Year from the Time of such Purchase, and be thereof convicted in Manner as by this Act is provided; Penalty. g^^jj Pej-go^ gQ offending, shall pay a Fine of Five Times the Value of such Meat so pm-chased. And if any Per- son shall purchase hve Cattle, Sheep or Hogs, and kill the same, and thereof store up more than shall be neces- sary to the Support of his or her Family and immediate Dependants, for the Space of one Year next after such kiUing; such Person so offending, and being thereof convicted, shall pay a Fine of Five Times the Value of such Meat so stored up. staitogTo pay a ■^'nd he it further enacted, That if any Person shall buy the vsdu™ ™^ of another who shall be bringing the same to Market, or any Place of common Resort for selUng the same, any Wood, Grain, Flour, dead Meat, Meal, Poultry, Butter, Cheese, or any Provision whatsoever, with Design to sell the same again and be thereof convicted in Manner as by this Act is provided; such Person shall pay a Fine of Five Times the Value of such Article so purchased. And it is further enacted, That if any Person shall sell any Goods, Wares or Merchandize, not by bim or her imported into or manufactured in this State, in any Town within the same, whereof he or she is not an In- penaity for seu- habitant, or in which such Person is not usuallv resident, mg Goods not im- i i i n i • • • ported iby Non- and be thereof convicted in Manner as is in this Act pro- Hesidents in any . ... Town. vided; such Person shall pay a Fine of Five Times the Value of Such Goods, or Merchandize so Sold. sons°*seiiing ^by -^^ ^* 'i* further cnactcd. That if any Person shall buy h?ve^bought"by within this State any Cargo or Quantity of Provisions, wholesale. Goods, Wares or Merchandize, by Wholesale, and shall sell the same by Wholesale again, or shall sell any Goods, Wares or Merchandize, after his or her purchasing the same, without removing them into some Warehouse or Store occupied by such Person so seJiing, and be thereof LAWS OP MASSACHUSETTS, IV^S. 443 convicted in Manner herein after provided; such Person shall pay a Fine of Five Times the Value of such Goods, Wares or Merchandize so sold. And it is Enacted, That no Baker shall buy or have by j,^^*''^''^„°^*iq^J him (unless he imports the same) more Flour than hef^^y^^^^jy*^" usually bakes into Bread, and disposes of in the Space jg*°Qj^™4'jj ^^ of Three Months, imder the Penalty upon Conviction, asg^°Jj,g<" "^™ by this Act is provided, of paying a Fine of Five Times the Value of such Flour: Provided, that nothing in this Proviso. Act shall extend to Agents who may be empowered by the Overseers of the Poor of any Town to purchase Pro- visions for the Poor of such Town, nor to Agents or Com- missaries purchasing any Articles for the Use of the Public, or for the Use of the Army or Navy. And all convictions upon this Act, where the Penalty Yi^lm "' ''°°' does not amount to more than the Sum of Twenty Pounds, may be, upon Complaint before a Justice of the Peace, and in all other Cases upon Indictment or Complaint before the Court of General Sessions of the Peace, or Superior Court of Judicature Court of Assize and Gen- eral Goal Delivery, saving to the Party convicted, an Appeal in all Cases as usual. And it is further enacted. That when any Sheriff, 3^!?^^^, cm- Deputy-Sheriff or Constable, shall see any Person sell ^^^^i®,™^^^^"™* Provisions, after having purchased the same of any Per- S"^th°them son who shall have brought the same to a Market or any*''™'''"°stoLaw. Place of common Kesort for selling the same, such Sheriff, Deputy-Sheriff or Constable, shall, without further War- rant, apprehend such Offender and carry him before some Justice of the Peace in the Town where the Offence is committed, to be dealt with as the Law directs. And he it further enacted hy the Authority aforesaid, chwrto^s£'ml That it shall and may be lawful for any Town, immedi- ^„*ioP"* ^^d^""^ ately upon the pubHshing this Act, at a Town-Meeting P^^^t^jVioia- duly called for that Purpose, to elect and appoint one or more discreet Persons, Inspectors of the Market, not exceeding the Number of Twelve for the Town of Boston, nor Six for any other Town, whose Business it shall also be to execute such Powers as are herein assigned to the Sheriff, Deputy-Sheriff and Constables ; and also to make Inquiry into and prosecute Breaches of this Law, and who shall be sworn to the faithful Execution of this Office. And all Fines and Penalties incurred by this Act shall ^y^i\^^ ^^^: be apphed one Moiety thereof to the Informer or Prose- p"*^"*- cutor, the other Moiety to be paid into the Treasury of 444 EEVOLXJTIONAEY LEGISLATION. Proviso. Umitatlon. the Town where the Offence shall be committed: Pro- vided, that no Inhabitant of any Town where any of the above Offences shall be supposed to be committed, shall be thereby excluded from being a Witness respecting the same. This Act to be in Force until the Twentieth Day of October next, and no longer. [The foregoing Act passed February 8.] Preamble. Naval Officers not to clear out Vessels with Masts & Spars without Permis- sion therefor. Armed Vessels impowered to Maritime Courts authorized to try the Justice of said Captures. [1779, p. 219.] CHAP. XII. An Act to prohibit the Exportation of Masts and Spars, of certain Dimensions, for a limited Time. WHEREAS it is of great Importance to prevent the Enemy, as fas as may he from obtaining a Supply of Masts and Spars, which there is Reason to suppose they are at this Time in great Want of: Be it enacted iy the Council and House of Representatives in General Court assembled and by the Authority of the same, That from and after the pubhcation of this Act, no Naval Officer within this State shall clear out any Ship or other Vessel, that is or may be laden in Whole or Part with Masts or Spars, of fifteen Inches diameter or more, to be conveyed to any Port or Place without this State, without a Permission therefor, under the Seal of the State by the General Court, or of the Council in the Recess of the Court. And if any Ship or other Vessel shall after the First Day of March next ensuing, sail from any Part of this State, and destined to any Part or Place without the same, being laden in Whole or in Part as aforesaid, not having a Permission as aforesaid, it shall and may be law- ful for any armed Ship or Vessel, commissioned by the American Congress, or any of the United States of America, to take seize and bring into any Port within the State, such Ship or other Vessel, laden ar.d destined as aforesaid. And the several Maritime Courts in this State, are hereby authorized to try the Justice of such Captures in lie Manner and Form as the Cases of other Ships and Vessels are triable in the same Courts ; and in Case of Condemna- tion, to order Distribution thereof, one Moiety to the Captors, and the other Moiety to and for the Use of this State. LAWS OF MASSACHUSETTS, 1119. 445 oTi-^r Prohibiting J the Exportation Penalty. And it is further enacted, That if any Master or Owner of a^iy Ship or other Vessel, after the Pubhcation of this Act (such Master or Owner, having Knowledge thereof) shall presume to convey, or attempt to convey, or in Manner cause to be conveyed from this State, any Masts <" **^'= * ^p*" or Spars herein prohibited, to any Port or Place without the State not having Permission as afresaid, such Master or Owner shall, each and every of them, upon Conviction thereof, before any Court of General Sessions of the Peace or Inferior Court of Common Pleas, who are hereby respectively authorized to try the same, upon Action, BiU, Plaint or Information, forfeit and pay a Sum not exceed- ing tenfold the Value of such Lading, or such lesser Sum as the Court before which the Trial is had, shall adjudge and determine, according to the Circumstances of the Offence; one Moiety thereof to be paid to the Treasurer of this State, to and for the Use of the State, and the other Moiety to him or them that shall inform or sue for the same, saving however to every one the Right of Appeal as in other Cases. This Act to continue and be in Force until the First Day of March, which will be in the Year of our Lord, One Thousand Seven Hundred and Eighty, and no longer. [The foregoing Act passed February 19, 1779] Limitation [1779, p. 229.] CHAP. VI. An Act in Addition to an Act, intitled, "An Act to prevent the Sale of Goods at Public Auction." WHEREAS it is found by Experience, that the good ^'eamue. Purposes intended hy the aforesaid Act are in great Measure jrustrated hy the Indulgence given to the Continental Agents to sell the E^ffects of the Continent indiscriminately at Public Auction: Be it therefore enacted by the Council and House of Represeniatives in General Court assembled, and by the Authority of the same, That from and after the Publica- tion of this Act, no Continental Agents, or any Person j^^"^ Pe^som ai for or under them, be permitted to sell any Goods, ^°°^^' *"• Wares, or Merchandize, by Public Auction, other than Vessels with their Appurtenances; and every Person offending shall be subject to the same Pains and Penalties as are set forth in the said Act; any Thing to the con- trary notwithstanding. {The foregoing Act passed April 23, 1779.] sell 446 REVOLUTIONARY LEGISLATION. [1779, p. 245.] CHAP. VII. An Act to prevent the with-holding the Necessaries of Life; and for Punishing those Persons who refuse to take the Bills of Credit of this State, or the United States of America. Preamble. WHEREAS it Ms been represented to this Court tJiat many People within this State are so lost to a Sense oj Public Virtue as to withhold the Necessaries of Life, and to refuse the Public Bills oj Credit oj this State and the United States oj America, jor any Articles they may have to sell: Be it therejore enacted by the Council and House oj Representatives in General Court assembled, and by the Authority oj the same. That from and after the Pubhca- have more%r'..„.„ l^Authority of the same, That from and after the Tenth to**i)e''e!morted-^^y °^ Octobcv lustant, no Bohea or any other India after''th?intrSTeas, any Sort of Steel, or any Kind of Hats, be permitted to be exported, either by Land or Water, from any Part of this State, to any Place not within the Limits of the same, except reasonable Ship-Stores. And that when any of the Articles herein prohibited as aforesaid, or any of those enumerated is the Act to which this is in Addition, Selectmen or shall be seiz'd by the Selectmen or Committees of Cor- rected to Seize respondence of any Town or Plantation within this State, ted by this Act, agreeable to the Directions in the said Act contained, ster make Oath unless the Tcamstcr, Driver, or Person, imder whose Direction the same shall be, will make Oath before some Justice of Peace within this State, that such Articles or Effects are not intended to be carried out of this State; or will produce to such Selectmen or Committee such Certificate as is in the Act to which this is in Addition directed, that such Goods or Articles were not designed to be carried out of this State ; all and every such Article or Articles, with the Team, Carriage, Boat or Vessel, carrying or conveying the same, are hereby declared to be forfeited for the Purposes in the said Act mentioned; and all such Selectmen or Committees are hereby em- LAWS OF MASSACHUSETTS, 1'7'79. 451 powered to stop, seize and proceed with all or any of the Articles herein enumerated, in the same Manner as they are directed to do in like Circumstances with any of the Articles in the said Act enumerated. And are in like Manner directed to stop, seize and proceed with any of the Articles therein or herein enumerated, which shall be laden on Board any Vessel or Boat, in any Port or Har- bour in the Town they belong to of which they shall have the like Suspicion, and the like Failure of Evidence. And such Selectmen or Committees are hereby empowered and directed, whenever they shall stop any such Articles, Teams, Vessel or Boats, as mentioned in this or the Act to which this is in Addition, to take proper Care of, and secure such Articles at the Expence of the Owner or Owners, or Teamster, or Boatman, in such Manner as they shall judge safe and proper, 'till satisfactory Evi- dence as aforesaid shall be given them, or until the Justice of the Seizure shall be tried and determined. And whereas divers Persons, Inhabitants of this and the neighhouring States have imported into this State, before the passage of the said Act, sundry Articles of Provisions, with an Intention to export from il),e same, some of the Ar- ticles therein or herein enumerated, and no Provision is made in the said Act for the same: Be it therefore further enacted by the Authority aforesaid, jn^^S tints'"''"? That any Person or Persons, being Inhabitants of this '■>« .""ighbouriDg •^ . , ' ° states, permitted or any of the neighbouring States, who have imported or*" '■'a"|P»^' ™- brought, of shall import or bring into this State, any Band of Provisions, every such Person or Persons shall, and hereby are permited to export out of this State, any of the Articles enumerated in said Act or in this Act; provided such Person or Persons shall make Oath Proviso. before some Magistrate of this State, that the Article or Articles by him or them were imported since the First Day of August last, were sold at the Prices agreed upon by the late Convention at Concord, and that the Articles so to be exported were purchased at the Prices agreed upon by the late Convention at Concord, and do not amount at that Kate to more than he or they sold the Article by him or them imported for; and the Persons appointed in each County to give Certificates, are hereby directed to give all such Persons Permits to export the same, upon being properly certified that such Person or Persons have made Oath as aforesaid. 452 KEVOLUTIONAKY LEGISLATION. Proviso. Preamble. And it is Jierehy further enacted, That all and every Person, or Persons, who are Inhabitants of any of the neighbouring States, and shall have imported into this State by Water since the First Day of August last, any of the Articles enumerated in said Act, or ia this Act, or shall hereafter import into this State by Water any of said Articles, such Person or Person, shall, and hereby are permitted to export the same out of this State; any Thing in this Act, or the Act aforesaid, to the contrary notwithstanding. Provided, Such Person or Persons, shall obtain a Per- mit from any of the Persons in the respective Counties in this State appointed to give Certificates, who are hereby authorized to grant such Permits, upon being properly certified that such Person or Persons have made Oath before some Magistrate of this State, that such Articles were by him or them imported into this State since the first Day of August last; and that he was not at the Time of such Importation, nor is now an Inhabitant of this State. Provided, That nothing in this Act, or that to which this is in Addition, shall be construed to extend to such Per- sons as are or may be removing with his, her, or their Families and Effects, to any Place without the Limits of this State, such Person so removing, producing a Certifi- cate from any of the Persons in the respective Coimties appointed by this Court to grant Certificates that such is the Case. {Tlie foregoing Act Passed October the 6th, 1779.] [1779, p. 257.] CHAP. IV. An Act to continue in Force an Act, intitled, "An Act against Mo- nopoly and Foreatalling, which Act is near expiring. WHBjREAS the aforesaid Act hath been found hy Expe- rience to be useful and ienefiddl: Be it therefore enacted hy the Council and House of Rep- resentatives in General Court assembled, and by the Author- ity of the same. That the beforementioned Act, be contin- ued with all and every Clause, Matter and Thing therein contiSuedHo the contained; and shall be in Force imtil the First Day of first July, 1780. jyj^y Qne Thousand Seven Hundred and Eighty, and from thence to the End of the next Session of the General Court, and no longer. [TJie foregoing Act passed October 6th, 1779.] LAWS OF MASSACHUSETTS, 1180, 453 [1780, p. 271.] CHAP. IX. An Act for continuing an Act, intitled, "An Act to prevent the Sale of Goods at public Auction." WHEREAS many Advantages have arisen and may arise Preamble. from the Act intitled, "An Act for continuing an Act intitled, "An Act to prevent the Sale of Goods at public Auction," made in the present Year: Be it therefore enacted hy the Council and House of Rep- resentatives in General Court assembled, and by the Author- ity of the same, That the before mentioned Act, that is now near expired, be continued with all and every Clause, thev^lutfet Matter and Thing therein contained ; and shall be in Force umitation. until the First Day of January Anno Domini One Thou- sand Seven Hundred and Eighty-one. [The foregoing Act Passed December 24, 1779.] [1780, p. 314.] CHAP. IV. An Act for repealing two Acts made in the Year of our Lord 1779; also a Resolve passed April 10th, 1780, so far as said Acts and Resolve prohibits the Exportation of any Articles to either of the United States of America by Land. WHEREAS Congress have earnestly recommended to the ^'reamwe. several States to take off every Restriction on the inland Trade between the said States: Be it therefore enacted by the Council and House of Rep- resentatives in General Court assembled, and by the Author- ity of the same. That the said two Acts, one intitled "An Laws repealed Act to prevent sundry Articles being exported from this laLa^iVade!"^ '"' to the neighbouring States," the other intitled, "An Act in Addition to an Act intitled, "An Act to prevent sundry Articles being exported from this to the neigh- bouring States;" and the Resolve aforesaid, prohibiting any Beef or Pork, either on Hoof or in Barrels, or any Molasses, Rum or Salt, from being transported out of this State, so far as any Clause in either of said Acts or Resolve contained, prohibits the free Exportation of any Article enumerated or described in either of said Acts or Resolve, to either of the United States of Am,eriea by Land, be and hereby are repealed and made null and void. Provided nevertheless, That all Articles which have Proviso. been seized or stopped in Pursuance of either of said Acts or Resolve, or any Breaches of said Acts or Resolve already perpetrated, shall be proceeded with and prose- 454 KEVOLUTIONARY LEGISLATION. cuted in the same Way and Manner they would have been if this Act had not been made. [This Act passed June 17, 1780.] [1780, p. 316.] CHAP. VII. An Act for reviving and continuing sundry Laws that are expired and near expiring. WHEREAS the several Acts herein after mentioned, which are now expired or near expiring, have been found Useful and Beneficial, viz. One Act made in the Year of our Lord One Thousand Seven Hundred and Seventy-seven, intitled, "An Act for taking up and restraining Persons dangerous to this State." Another Act made in the Year of our Lord, One Thousand seven-Hundred and Seventy-eight, en- rertv°d7 ^""titled, "An Act for takmg Affidavits out of Court in certain Cases, not akeady provided for." Three Acts made in the Year of our Lord, One Thousand seven Hundred and Seventy-nine, one entitled "An Act against Monopoly and Forestalling." Another entitled, "An Act to prohibit the Exportation of Masts and Spars, of cer- tain Dimensions for a limited Time." The other entitled, "An Act for making Provision for Appeals to Congress in certain Maritime Cases, and under certain Restric- tions." Be it therefore enacted iy the Council and House of Representatives in General Court assembled, and hy the Authority of the same. That such of the before-mentioned Acts as are now expired, be revived: And such of said Acts as are not yet expired be continued, with all and every Clause, Matter and Thing therein respectively con- tained, and shall be in Force until the Tenth Day of June, One Thousand seven Hundred and Eighty-one, and from thence to the End of the next Session of the General Court, [This Act passed June 22, 1780.] Time limited. Fnamble. [1781, p. 45.] CHAP. XXIV. An Act for preventing all Commerce and illegal Correspondence with the Enemies of the United States of America. WHEREAS there is great Reason to suspect that some oj the Subjects of this Commonwealth, prompted by self-inter- ested Views w Motives of Disaffection, and regardless of LAWS OF MASSACHUSETTS, 1781. 455 the Duty and. Allegiance which they owe their Country, have carried on an illicit Trade, and maintained a Corre- spondence with the Enemy dangerous to this Com,monwealtH. For the Prevention whereof in future, Be it enacted by the Senate and House of Representatives in General Court assembled, and by the Authority of the same, That from and after the First Day of March Anno The Navai-oj- Domini One Thousand Seven Hundred and Eighty-one, seVoh every ves° every Vessel carrying a Flag, and bound from any Port Flag "previoiis to within this Commonwealth to any Port in Possession of "ndin%ase. the Enemy, shall be searched immediately before she saUs, by the Naval-Officer for the District from which such Vessel may sail; and in Case any Goods, Wares or Merchandize, shall be found shipped on board such Vessel (im.less by Permission from the General Court) the same shall be seized by the said Naval-Officer, for- feited to the Use of said Commonwealth; and the Person or Persons who shall ship, or cause the same to be shipped as aforesaid, shall forfeit a Sum. not exceeding double the Value, nor less than the Value of said Goods, Wares and Merchandize; one Moiety thereof to the Use of this Commonwealth, and the other Moiety to the Use of the Informer or Informers, to be recovered by Action of Debt in the Com-t of Common Pleas in the County wherein the Offence shall be committed, or in the County where the said Informer or Informers, or either of them, may reside. And be it further enacted by the Authority aforesaid. That etslu^e^cf toThe from and after the Tenth Day of March One Thousand fe''*,^°^„°J.*.'>' Seven Hundred and Eighty-one, all Persons belonging to any such Vessel, or boimd to any Port in Possession of the Enemy on board the same, shall, if required, deliver to the said Naval-Officer, on Oath, all Letters and Packets sealed or unsealed, which they may respec- tively have in their Possession, to be by him examined and detained, if he shall judge it necessary. And be it further enacted by the Authority aforesaid, s^teied by the That from and after the Tenth Day of March Ajmo^rtbSJ^Tn^li Domini One Thousand Seven Hundred and Eighty-one, 'p^eSo/orthe every Vessel carrying a Flag, immediately on her Arrival '^^''^y- at any Port within this Commonwealth, from any Port nu^^e'd ^ fg ^"^ in Possession of the Enemy, and before any Goods, Wares seized— or Merchandize, or any Letters or Packets of a private Paitetl'to be™x- Nature shall be taken from on board any such Vessel, a™™d. 456 kEVOLUTIONARY LEGISLATION. cmpowerer"^toShe shall be searched by the Naval-Officer of the District oatS.' ° ' ^ * * ■■ wbere said Vessel may arrive; and if any Goods, Wares or Merchandize shaU be found on board any such Vessel, without Permission specially obtained from the General Court, the same shall be seized by the said Naval Officer, and forfeited to the Use of said Commonwealth: And all Persons who may arrive in any such Vessel as aforesaid, shall, if required, deliver on Oath to the said Naval- Officer, all Letters and Packets as aforesaid, to be by him examined, and detained if he shall think proper. And aU Naval-Officers within this Commonwealth, are hereby authorized and empowered to administer the proper Oaths to all Persons of the above Description. And if any Person or Persons shall land or take from on G^'sTAc'^from board any such Vessel, before she shall be duly searched ?°ag before tlwy ^^ aforesaid, any Goods Wares and Merchandize, imless beto^im!^' *°by Permission from the General Court, he or they so offending, shall forfeit all such Goods, Wares and Mer- chandize so landed or taken from on board such Vessel, to the Use of this Commonwealth; and also a Sum not exceeding double the Value of such Goods, &c. nor less than the Value thereof; one Moiety to the Informer or Informers, and the other Moiety to the Use of said Commonwealth, to be recovered by Action of Debt in any County in which such Offence shall be committeed, or in such Coimty in which the Informer or Informers, In Case— qj. q^^^^qj. q{ them may reside; and in Case any Person or Persons shall take from on board any such Vessel any Letters or Packets of a private Nature, prior to her being searched as aforesaid, he or they so offending, shall respectively forfeit and pay a Sum not exceeding One Hundred Pounds, nor less than Twenty Pounds, to be recovered and appropriated in Manner as is provided in the next preceeding Clause ing Goods " &c. taTpo^sionTfif any Person or Persons shall, from and after the Tenth f^ril?t™^s'ai*dl>ay of March Anno Domini One Thousand Seven Hun- Qoods&c. dred and Eighty-one, import into this Commonwealth, by Land or by Water, any Goods, Wares or Merchandize, from any Port or Place in Possession of the Enemy, without special Permission obtained from the General Court, he or they so offending shall forfeit aU such Goods, &c. so imported, to the Use of said Commonwealth, and also a Sum not exceeding double the Value of such Goods, &c. nor less than the Value of the same ; one Moiety thereof Persons import- j^^ jg it further enacted ly the Authority aforesaid, That LAWS OF MASSACHUSETTS, 1781. 457 to the Use of the Informer or Informers, and the other Moiety to the Use of this Commonwealth, to be recovered as aforesaid. And he it further enacted hy the Authority aforesaid, That . Persons export- . -^ ^ " -^ ' ing Goods to any if any Person or Persons shaU export from this Common- p'!"* '1.. P«ffes- ■' ^ sion of the Ene- wealth after the First Day of March Anno Domini One"y;, \° 'f'e't Thousand Seven Hundred and Eighty-one, to any Port of saw ooods, &c. or Place in Possession of the Enemy, any Goods, Wares, Merchandize or Provisions, unless by Permission spe- cially obtained from the General Court for that Purpose, he or they so offending, shall respectively forfeit a Sum not exceeding treble the Value of such Goods, &c. so exported; Two-Thirds of which shall be to the Use of this Commonwealth, and One-Third thereof to the Use of the Informer or Informers, to be recovered in Manner as is before provided. And be it further enacted &-!/ the Authority aforesaid, That Naval officers aU Naval-Officers within this Commonwealth be, and irose^ute- they are hereby authorised and empowered to prosecute for the Forfeiture of aU Goods, &c. seized by them within their several Districts, in Pursuance of this Act, in the Maritime Court of such District wherein such Goods, &c. shall be seized as aforesaid, by fihng a Libel in said Court, the Justice of which shall be tried in hke Manner as Mar- itime Causes are or may be triable in the same; said Libel to be filed at least Twenty Days before the Trial; and Appeals allowed to the Supreme Judicial Court as is Appeau ai provided in Maritime Causes. And he it further enacted hy the Authority aforesaid. That e,^owered*''**to all Naval-Officers within this Commonwealth be, and they ^"^^^^jAj^^^j*^ are hereby authorized and empowered to command the '"^ *''*"' °"*y- Aid of such and so many of the Subjects of this Common- wealth within their Districts respectively, as they shall judge necessary (by Night or by Day) to assist them in doing the Duties assigned them by this Act; and if &Ta.Jine—pSL\tj!'^^ Person or Persons shaU neglect or refuse to aid or assist the said Naval-Officers within their respective Districts, being by them thereto required, he or they so offending, shall forfeit and pay a Smn not exceeding Twenty nor less than Five Pounds; one Moiety thereof to the In- former,, and the other Moiety to the Use of this Common- wealth, to be recovered by Indictment in any Court proper to try the same. And he it further enacted hy the Authority aforesaid. That havfTfbSfy tS in aU Actions brought in Pursuance of this Act, the De- ^^ ">« <'«''«'■»' 458 REVOLUTIONARY LEGISLATION. In all such Cases where the mined. fendant or Defendants shall be at Liberty to plead the General Issue, and give any special Matter in Evidence under the same. Whereas in many Instances it may be difficidt, if not im- practicable, to determine the Value of Goods, Wares or Mer- chandize, which may, contrary to this Act, be exported to any Port or Place belonging to the Enemy: Therefore, Be it further enacted by the Authority aforesaid. That in ^ot be dewr- ^^^ such Cases the Person or Persons concerned in such Exportation, shall, in Lieu of all other Forfeitures in this Act beforementioned, severally forfeit a Sum not exceed- ing Ten Thousand Pounds, nor less than Three Hundred Pounds, to be recovered and disposed of in Manner afore- said. And be it further enacted by the Authority aforesaid. That the several Naval-Officers within this Commonwealth be, and hereby are authorised to appoint one or more Depu- ties, for the Purpose of searching such Vessels as are referred to in this Act, who shall be severally sworn to the faithful Discharge of their Trust, and shall be sever- ally, vested with all the Authority granted by this Act to the Naval-Officers, so far as relates to searching Ves- sels and seizing Goods, and examining Papers aforesaid. [This Act passed March 3, 1781.] Naval Officers authorized to ap- point Deputies. To be sworn. [1781, p. 48.] CHAP. XXVI. An Act to regulate the Sale of Goods at Public Vendue, and to limit the Number of Auctioneers. Preamble. WHEREAS the Number of Auctioneers or Vendue- Masters, has greatly increased in the Town of Boston and other principal Towns in this Oommonwealth, and great Inconveniences, Losses and Damages have arisen to the Public for Want of suitable Persons licenced under proper Restrictions, to sell Goods at Vendue: And as the selling them in the Evening has a great Tendency to corrupt the Morals of Youth, and affords Opportunities for many Frauds: And whereas a Revenue might arise to the Com- monwealth from Vendues properly regulated: Be it enacted by the Senate and House of Representor tives in General Court assembled, and by the Authority of Persons unless j^g Sdjfig That no Person or Persons, from and after the licenced by the ' ' Sfieotinen to se^ Tenth Day of March One Thousand Seven Himdred at Public Auo- ■' uoo- and Eighty-one, unless they be licenced by the Select- LAWS OF MASSACHUSETTS, I'iSl. 459 men or the major Part of them, of the Town to which they belong, shall sell at Public Vendue, Auction or Outcry, any Goods, Chatties, Wares, Merchandizes or Effects whatsoever, upon the Penalty of Two Hundred Pounds for each Offence: And that the Selectmen, or the major Part of them, at a Metiting called for that Purpose, be, and they are hereby empowered from Time to Time, by Writing under their Hands to licence some suitable Person or Persons for that Purpose, not exceed- ing the Number of Six in the Town of Boston, and Four in any other Town within this Commonwealth, nor for any Term of Time exceeding one Year from the Day of grant- ing such Licence; for which Licence the Person receiving the same, shall pay to the Use of the Selectmen granting it, the Sum of Twelve Shillings in Specie. And the Select- men are hereby directed to record every Licence they may so grant; and as soon as may be, inform the Treasurer of this Commonwealth of the Person or Persons so li- cenced. And he it further enacted, That no Person thus licenced, shall receive Goods for Sale of any Servant or Minor, neither shall he be allowed to vend any of his Goods by PubHc Auction but frOm Sun-rising to Sun-setting, upon the Penalty of Fifty Pounds for each Offence. And that every Person thus licenced, shall keep a fair and particu- lar Account of all the Goods sold, of whom received, and of the Names of the Persons to whom said Goods shall be sold. Provided nothing in this Act shall extend, or be construed to extend, to hinder Sheriffs, Deputy Sheriffs, Constables, Coroners, Executors, or Administrators or any other Person who already is or may hereafter be specially authorised or required, by any Act or Order of the General Court of this Commonwealth, or by the Su- preme Judicial Court, to sell Goods, Chatties or Lands, by Vendue. Provided also, and he it further enacted. That no License granted by any Selectmen for the Purpose aforesaid, shall be of any Effect to exempt or excuse any Person from the Penalty of this Act "for selhng at Vendue without Licence," unless such License shall have been made and granted within one Year next proceeding such Sale. And he it further enacted. That every Selectman who shall sign or consent to the granting any such Licence for any greater or longer Time than the Time prescribed by this Act, shall forfeit and pay the Sum of Fifty Pounds to any Person who shall sue for the same. Penalty. Selectmen em- powered to li- cence suitable Persons, — Number limit- ted in the several Towns. Persons licenced to pay Twelve Shillings in Spe- cie. Persons licenced not to receive Goods of any Servant or Minor. Penalty. Persons licenced to keep a particu- lar Account of Goods sold. Proviso. Proviso. 460 EEVOLUTIONABY LEGISLATION. cenrad'tS^ender -^^ ^« ** further enacted, That the Auctioneers li- sbc^Stte^JpSn ^i^Cfid ^s aforesaid, shall, once in every Six Months, omS^^l^sSS! ''^'ider an Account, upon Oath, of the Amount of all the and p'Ly 1^? ct! ^oods. Wares, Merchandize, &c. then sold as aforesaid, ^o2ds,&c/""''to tlie Treasurer of this Commonwealth, who shall, on Suspicion of any Fraud, inspect the Books of said Auc- tioneers, and pay to him, the said Treasurer, for the Use of this Commonwealth, One per Cent, upon all such Goods, Wares and Merchandize then sold as aforesaid: be'^mdOT'sonds*"-^*^ ^^^ Auctioneers shall be under Bonds to the Treas- urer of this Commonwealth of One Thousand Pounds, with Two sufficient Sureties, for the faithful Performance of their Trust : And that they will also exhibit their Ac- counts regularly, as is provided in this Act; said Bonds to be lodged with the Selectmen, who may grant any Licence as aforesaid at the Time of granting the same; which Bonds said Selectmen are directed to transmit to the Treasurer of this Commonwealth, within Sixty Days rerted^SilvAM-^^*®'^ ^^^7 ^^^ posscssod thereof. And the Treasurer b^Sre'tta'cSSt' aforesaid shall, on the First Week of every other Session of the General Court, or once in Six Months, lay such Auctioneers Accounts before the Court for their Perusal, in order that the Revenues arising from such Auction, may be appropriated for the Use of the Commonwealth. reS^w-'d*"' ^°^ Avd he it further enacted, That all Fines, Forfeitures or Penalties, mentioned in this Act, are to be considered in Gold and Silver, or Bills of Credit equivalent, and may be recovered by Action of Debt in any Court of Record proper to try the same: The said Fines or Forfeitures to be to the Use of the Person who shaU sue for the same. This Act to continue and be in Force for the Space of two Years, and no longer. [This Act passed March, 7 1781.] n.781, p. 54.] CHAP. V. An Act in Addition to an Act made and passed at the last Seseion of the General Court, intitled, "An Act to regulate the Sale of Goods at Public Vendue, and to limit the Number of Auctioneers." Preamble. WHEREAS the Limitation of the Number of Auction- eers in the several Towns within this Commonwealth by the Act aforesaid is found inexpedient: Be it enacted by the Senate and House of Representa- tives in General Court assembled, and by the Authority of LAWS OF MASSACHUSETTS, 1181. 461 the same, That the Restriction in the said Act as to the ra^^y;^*"!""" Number of Auctioneers to be hcensed, be, and hereby is uo^eretakenofl^ taken off; and that the Selectmen in the several Towns within this Commonwealth be, and they hereby are authorised to licence as many Persons to be Auctioneers within the said Towns respectively, as to them may seem best, having strict Regard to the Qualifications in the said Act required. [This Act passed April 28 th, 1781.] [1781, p. 55.] CHAP. VII. An Act in Addition to an Act, intitled, "An Act for preventing all Commerce and Illegal Correspondence with the Enemies of the United States of America." WHEREAS the Evils intended to he remedied hy said Act in Part still continue, and more effectual Provision is necessary to prevent the same: Be it enacted iy the Senate and House of Representatives in General Court assemhled, and hy the Authority of the same. That any Goods, Wares or Merchandize captured or seized on board any Vessel on the High Seas, or within any Port, Harbour or Creek, or on the Land within this Commonwealth, for having been illegally imported, or that were intended by any Person or Persons to have been so imported from any Port or Place under the Domin- ion of the King of Great-Britian, all such Goods, Wares and Merchandize, together with all such Vessels and their Cargoes, shall be forfeited to the Use of any Person or Persons who shall capture or seize the same; any Thing to the contrary in the aforesaid Act notwithstanding. And he it further enacted hy the Authority afwesaid, That if any Seizure or Capture has already been made for the Breach of the aforesaid Act, or any other Act of this Commonwealth, or Resolve of Congress, of any Vessel, Goods, Wares and Merchandizes, which shall be ad- judged to be Forfeit, the same shall be condemned to the Use of any Person or Persons who have captured or seized the same. And he it enacted hy the Authority aforesaid, That all Fines and Penalties imposed by said Act upon the Owner or Owners, Importer or Importers of illicit Goods into this Conamonwealth, from any Port or Place under the Preamble. Goods, Wares, &o. illegally im- gorted to be for- lited together with all Vessels and their Cargoes. Goods adjudged to be forfeited, the same to be condemned. Fines and Pen- alties Imposed upon the Owners, &c. of ilhcit Goods- to be pros- ecuted by the At- torney General. 462 EEVOLUTIONAEY LEGISLATION. Dominion of the King of Great-Britain, shall be prose- cuted for by the Attorney General for the Use of this Commonwealth; any Clause in the aforesaid Act to the contrary notwithstanding. And whereas iy the Devices of Wicked Persons, it may in many Cases ie difficult to procure Evidence that such Goods, Wares and Merchandize, that may he Seized, as having been illegally Imported into this Commonwealth, or were so intended to he Imported: ^^whencaptur^ JSg n enacted hy the Authority aforesaid, That when Ac. are made any Capture or Seizure shall be made as aforesaid on & there are -^ ^ Grounds of Sus- the Land, or within any Bay, Harbour, or Creek within picion of illegal ' j j ' ; Importation, the this Commonwealth, or within five Leagues of the Shores Claimants to »ve ^ satisiaciory E-ri-of this or any of the United States of America, of any dence. ^ ' ^ Vessels, Goods, Wares or Merchandize that shall be brought into this Commonwealth, or that shall be found within the same, or that shall be intended to be illegally Imported into the same, in all such Cases if it shall appear to the Court who shall try the Cause, that there is just Grounds of Suspicion that the same were illegally Im- ported, or intended by any Person or Persons to have been so imported into this or any of the United States of America, the Claimant or Claimants of such Vessel or Vessels, Goods, Wares or Merchandize, shall be held to give satisfactory Evidence that the same were not illegally Imported or intended to have been so Imported into this And on laiiiire Qp anv of the United States of America, and on Failure thereof the same •' iit-ii.ii/~(i to be forfeited thereof , the same shall be Forfeited and Condemned in & condemned in ' ci* rt **^'^"*™® the Maritime Court of the District into which they may have been brought or hereafter shall be found. And he it further enacted hy the Authority aforesaid, That all Vessels Goods, Wares or Merchandize, that may hereafter be seized or taken, and are made liable to Forfeiture by any Resolve of Congress, shall be deemed and taken to be forfeited in like Manner as if made liable by any Act of this Commonwealth. [This Act passed May 1st, 1781.] [1781, p. 69.] CHAP. XX. An Act to empower the Quarter-Master General or his Deputies within this Commonwealth to impress such Teams as may be found neces- sary to transport Supplies to the Army. Preamble. WHEREAS it frequently happens, that the Quarter Master General meets with great Difficulties in procuring such LAWS OF MASSACHUSETTS, 1781. 463 Teams as are necessary to transport such Stores and Sup- plies as he has Occasion to send forward to the Continental Army, by Means whereof many and great Inconveniencies may arise: Be it therefore enacted by the Senate and House of Rep- resentatives in General Court assembled, and by the Au- thority of the same, That when the Quarter-Master Gen- j^Qg^^*^, Mg^ eral, or any of his Deputies shall find it necessary to J^^nt*'to tSe's^ transport any Kind of Stores or Supplies to the Conti-'^°*™™ whe'?e nental Army, they, or any of them, shall represent to^'^j'^oftJ,® *„°jj^! the Selectmen of any Town where Teams may be had, ''" ''*°*®*- the Number of Teams necessary to transport such Stores and Supplies, and the Time they may probably be em- ployed; and said Selectmen, or the major Part of them, shall, upon such Application, by Writing under their Hands, designate the Teams and Drivers proper to be employed and impressed; and the Quarter-Master Gen- eral, or any of his Deputies, shall have full Power and Authority, after the passing of this Act, to impress or Quarter Mas- 1 • 1 n 1 m IT-.- '^^ 0™eral or his cause to be impressed ail such Teams and Drivers as J^eputies empow- shall have been designated as aforesaid, for the Purpose of transporting such Stores and Supplies to the Conti- nental Army or any Detachment thereof, as the said Army from Time to Time shall stand in Need of. Provided, No Team impressed as aforesaid, shall be obliged to go further than Fifty Miles. And be it enacted by the Authority aforesaid, That if they^^P^j^A^j^ra- Selectmen of any Town having been applied to by the™" nlr^^^'d Quarter-Master General, or any of his Deputies for Assistance in procuring Teams and Drivers and shall refuse or neglect to assist said Quarter-Masters, or their Deputies; every Selectman so neglecting and refusing, shall, for each Neglect or Refusal, forfeit and pay to the Use of such Person or Persons as may sue for the same, the Sum of Three Pounds, to be recovered by Action of Penalty. Debt in any Court of Record proper to try the same. And the Selectmen of the several Towns, who may be called upon from Time to Time to perform the Duty assigned them in this Act, shall keep regular Accounts selectmen to of their Time and Expenses relative to the same, andc^uSts^^oSr^Tim'e shall exhibit their Accounts, on Oath, to the Committee ™d to ^IS on Accounts for Allowance and Payment, which Com-comiMtteeonA^ mittee are hereby authorized to allow all such Accounts ance. as to them shall appear just and reasonable. 464 BEVOLUTIONAEY LEGISLATION. T^stapress^ -^™^ ^« ** enacted hy the Authority aforesaid, That if the tr^por?stores*.° ^'^^^r OF Driver of any Team impressed as aforesaid, and having had due Notice thereof, shall neglect or re- fuse to take up and transport to the Place of Destina- tion, such Stores and Supplies for the Army as the Quarter Master General, or either of his Deputies shall judge necessary to be immediately sent forward; every Owner of such Team, or Driver, so neglecting or refusing, shall forfeit and pay to the Use of such Person or Persons Penalty. as may sue for the same, the Sum of Six Pounds to be recovered by Action of Debt in any Coxrrt of Record proper to try the same. Te*^ms topress^' -^""^ ^^ "^^ further enacted hy the Authority aforesaid, lnd"??ortsfo^ffThat tlie Owner and Driver of any Team, impressed as required. aforesaid, shall furnish himself with sufficient Forage and Provision for himself and Team to travel fifty Miles, if thereto required, on Penalty of the same Fine as is provided in the preceding Clause in Case of Neg- lect, and to be recovered and appropriated in the same pr^re^'^certifr-"^^^'"''^^- ^^ every Teamster shall procm-e a Certificate Qu^r m" ter!"* ^™°^ the Quarter-Master or Conductor, specifying the length of Way and Quantity of Loading by him trans- ported, and in what Part of the State; and also keep an Account of his own Time and Expenses in said Service, coaQte^Storetheand lay the same before the General Court for Allow- Generai Court. ^^^^ ^^^ Settlement, which Accounts, when allowed, shall be paid out of the next State Tax. [This Act passed Moaj 18th, 1781.] [1781, p. 75.] CHAP. II. An Act for reviving sundry Laws that are expired. WHEREAS the several Acts herein after mentioned, •which are now expired, have heen found useful and bene- rertrod"^ ^^^fi'^iC'h ^2. One Act made in the Year of our Lord one Thousand seven Hundred and Seventy-seven, intitled, "An Act for taking up and restraining Persons dangerous to this State." One Act made in the Year of our Lord one Thousand seven Hundred and Seventy-eight, intitled, "An Act for taking Affidavits out of Court in certain Cases not already provided for." Three Acts made in the Year of our Lord one Thousand seven Hundred and Seventy-nine, one intitled, "An Act against Monopoly and Forestalling." Another, intitled, "An Act to pro- hibit the Exportation of Masts and Spars of certain LAWS OF MASSACHUSETTS, 1782. 465 Dimensions for a limited Time;" the other intitled, "An Act for making Provision for Appeals to Congress in cer- tain Maritime Cases, and under certain Restrictions." One Act made in the Year of our Lord one Thousand seven Hundred and Eighty-one, intitled, "An Act in Addition to an Act, intitled, an Act for taking up and restraining Persons dangerous to this State": Be it therefore enacted iy the Senate amd House of Repre- sentatives in General Court assembled, and iy the Authority of the same, That all the before mentioned Acts, now^^^^j^^gA''|,j,j,^ expired, be revived and continued, with all and every '° ^ov. nss. Clause, Matter and Thing, therein respectively contained, and shall be in Force until the First Day of November, one Thousand seven Hundred and Eighty-two. [This Act passed June 28th, 1781.] [1782, p. 111.] CHAP. IV. An Act for repealing the several Laws prohibiting the Exportation of Provisions, and Masts and Spars out of this State. WHEREAS the Advantages which have accrued to this Preamble. Commonwealth by the Acts and Resolves prohibiting the Exportation of Provisions, and Masts and Spars, now cease; and many Inconveniences arise by continuing the same: Be it therefore enacted by the Senate and House of Repre- sentatives in General Court assembled, and by the Authority of the same. That all Acts and Resolves prohibiting the Prohibitory -' ' -"^ ° Acts respecting Exportation of Provisions, Masts and Spars, or any- Pro- ^^°^^^' *"■ duce of this State, now in force, be and they are hereby repealed, and all Parts of such Acts and Resolves here- after be considered and taken as null and void. [This Act passed March 4, 1782.] 37639°— 18 30 466 BEVOLUTIONAEY LEGISLATION'. LAWS OF NEW HAMPSHIRE. (Printed from ''Laws of New Hampshire including Public and Private Acts and Re- solves, with an Appendix embracing the Journal of the Committee of Public Safety," edited by Henry Harrison Metcalf, A. M., Vol. IV (Revolutionary Period, 1776-1784), llusgiove Printing House. Bristol, N. H., 1916.] [P. 78.] [CHAPTER 6.] t State of I [New Hampshire.] An Act for regulating the Prices of sundry Aeticlbs therein enumerated. — [Passed Jan. 18, 1777. Original Acts, vol. 7, p. 26; recorded Acts, vol. 3, p. 317. Laws, 1780 ed., p. 69. See additional act of April 10, 1777. Repealed Nov. 27, 1777.] Whereas tlie exorbitant price of tlie necessary and convenient articles of life, and also of labour, within this; State at this time of distress (unless speedUy and effec- tually remedied) wUl be attended with the most fatal' and pernicious Consequences — Be it therefore enacted by tbe Council and House of Representatives in General Court assembled, that the rates and prices of the several Articles herein-after enu- merated be, and hereby are, limited, within this state, as foUows, viz' Good merchantable Wheat shall not exceed the price of seven shillings and six pence ^ Bushel. Good merchantable Rye shall not exceed the price of four shiUuigs and six pence per Bushel. Good merchantable Indian-Corn shall not exceed the price of three shillings and six pence per Bushel. — Good merchantable Oats shall not exceed the price of Two shillings per Bushel. Good merchantable Peas shall not exceed the price of Eight shillings per Bushel. Good merchantable Beans shall not exceed the price of six shillings per Bushel. — Potatoes of the best sort shall not in the fall of the year, exceed one shilling and four pence, nor at any season two shillings, per Bushel. — American made Cheese shall not exceed six pence per poimd. — Butter of the best quality, shall not exceed Ten pence per pound. — Pork, weighing from five, to seven scores shall not ex- ceed four pence half penny per pound. — LAWS OF NEW HAMPSHIRE, 1'7'77. 467 from seven to ten spores, shall not exceed four pence three farthings per pound. And all above ten scores shall not exceed five pence per poiind. — Salted-Pork by the Barrel, containing two hundred and twenty pounds weight, shall not exceed the price of Five pounds. — Grass-fed Beef of the best quality shall not exceed three pence per pound, and in that proportion for State- fed Beef, and likewise Beef of an inferior quality. Good tried-Tallow shall not exceed seven pence, half penny by the single pound. Mutton shall not exceed the price per pound herein set for Beef. Veal shall not exceed three pence per pound. Kaw-Hides shall not exceed three pence per pound. Good soal-Leather shall not exceed one shilling and six pence per poimd. — Upper Leather in proportion. Men's neat-leather Sho3s of the best sort shall not exceed Eight shillings per pair. Other Shoes in proportion according to their quality. — Good merchantable West India Rum shall not exceed Six shillings and eight pence per Gallon by the Hogs- head — seven shillings and eight pence per single Gallon — and two shillings by the single Quart, and so in like pro- portion for smaller quantities, according to the former custom of retailers. — saving an Allowance of one penny per Gallon for every ten miles the same shaU be con- veyed by Land carriage from the first Port of delivery for the charge and risque of transporting the same. New-England Rum of the best Quality shall not exceed three shillings and ten pence per Gallon by the Hogshead; four shillings per Gallon by the Barrel; and four shillings and sixpence by the single Gallon, at the ports- & places where the same shall be distilled (exclu- sive of the Cask) and in like proportion for smaller quan- tities, saving the same allowance for carriage from the place of distilling as is herein before made for West India Rum. — Best Muscavado Sugar shall not exceed fifty four shil- lings per hundred weight by the Hogshead. Sixty shil- lings by the single hundred weight, and Eight pence by the single pound, at the first Port of delivery, allow- ing nine pence per hundred weight for every ten miles land-carriage from the said first Port of delivery,— 46b EEVOLUTIONABY LEGISLATION. Molasses of the best quality shall not exceed three shillings and four pence per Gallon by the Hogshead, three shillings and eight pence per Gallon by the Barrel; and four shillings by the single Gallon — at the first port of delivery allowing one penny per Gallon for every ten miles land-carriage from the said first Port of Delivery. — Good merchantable Salt shall not exceed ten shillings per Bushel. Allowing a reasonable price for Trans- portation. Good Coffee shall not exceed one shilling and four pence per single pound. Cotton shall not exceed three shillings per pound by the Bag, and three shillings and eight pence per single pound. Good well-dressed Merchantable Flax shall not ex- ceed One shilling per pound. — Good merchantable Sheep's Wool shall not exceed Two shillings, and two pence per pound. Men's good yarn Stockings shall not exceed six shill- ings per pair — and in that proprotion for those of an inferior quality. — Good yard-wide strip't Flannel shall not exceed three shillings, and six pence per yard, and other Flannels in proportion according to their widths and Quahties, and other Woolen Cloths in like proportion. Good yard-wide Tow-Cloth shall not exceed Two shillings and three pence per yard, and so in proportion according to its Quality. Coarse-Liunens, yard-wide shall not exceed four shil- lings per yard — and in that proportion according of other widths & Qualities. Good Cotton Cloth & Cotton and Linnen Cloth yard- wide shall not exceed three shillings and eight pence per yard — and so in proportion if of different widths and qualities. Good New-England Bar-Iron shall not exceed forty shillings per hundred weight at the Iron-works. And be it further enacted by the Authority aforesaid. That the prices of European Goods, and Merchandize which have been, or shall be, imported into this state, as also all Goods & Merchandize brought into the same in any prize vessel be regulated as follows viz* Woolen Goods, Coarse Linnens, Duck, Ticklingburgs & Ozna- brigs shall not be sold by wholesale at a higher advance than in the proportion of Two hundred & Seventy five LAWS OF NEW HAMPSHIEEj 1717. 469 pounds for what cost One hundred pounds of like money in Europe. And all other Goods wares, and Merchan- dizes imported from thence or brought into this State in any prize vessel (warlike and military stores excepted) shall be sold by wholesale at an advance not exceeding Two hundred and fifty pounds for what cost One hundred pounds of like money in Europe. — And be it further enacted by the Authority aforesaid that no Trader, Shop-keeper or other person shall vend any Goods, wares or merchandizes (imported and brought in as aforesaid) by Retail, at a higher advance than twenty ^ Cent upon the wholesale price as before limited mak- ing a reasonable allowance for the risque & charge of land-Carriage from the first place of purchase. And be it further enacted by the Authority . aforesaid that no Goods, wares or merchandizes shall be sold at vendue or public-Sale at a higher rate than is before limited. And be it further enacted by the Authority aforesaid that the price of farming labour shall not, in the Summer season, exceed three shillings and four pence ^ day, and So in the usual proportion at other Seasons of the Year — and the Labour of Mechanics and Tradesmen, and other Labour to be computed according to the usages and customs that have heretofore been adopted and practised in this State compared with farming Labour. And be it further enacted by the Authority aforesaid that if any person or persons after the publishing this Act shall sell any of the Articles, Goods, wares, or mer- chandizes herein mentioned or enumerated, at a higher price or advance than is herein limited, such person or persons so offending, shall forfeit the price demanded or taken for such Articles, if sold for more than twenty shillings — and if sold for twenty shillings or imder — shall forfeit the sum of twenty shillings. And be it further enacted by the Authority aforesaid that if any Labourer shall contract for, or receive more per day than is herein limited; for his labour, he shall forfeit the siun of twenty shillings for each day he shall so offend. And be it further enacted by the Authority aforesaid that if any person shaU at any vendue or pubhc-sale, give or bid for any Article or merchandize, a greater price than is herein before limited — ^he shall forfeit the price so bid or given. — 470 BEVOLUTIONABY LEGISLATION. And be it fiirther enacted by tbe Authority aforesaid that all forfeitures arising by virtue of this Act shall be, the one half to the prosecutor — the other half for the use of the County wherein such offence is committed, to be recovered by action of Debt in the same County, Which Action shall be commenced before any Justice of the peace in said County if the forfeitures do not amount to more than forty shillings — ^And where they exceed that simi before the Inferior-Court of Common-pleas in the same County. Which Coiu-ts are hereby authorized and impowered to try the same, and to grant appeals when demanded. And be it further enacted by the Authority aforesaid that if any person or persons within this state, having any Goods, Provisions or warlike stores (more than suffi- cient for his own use & consumption) which shall be wanted for the supply of the American-Army or Navy shall withold, or refuse to sell, the same at a reasonable rate, for the purpose aforesaid, when thereto required, it shall be lawful for the Committee of safety, or the Chief Justice of the Superior-Court of Judicature of this state, upon information thereof — to issue a Warrant directed to the Sheriff of the Coimty, (or his deputy) where such person or persons so refusing, dwell — ^requiring him im- mediately, to seize and take the same out of their hands or possession, and to break-open any Stores, Ware houses, or other places for that purpose. And the said Sheriff & his deputy and each of them, are hereby authorized and impowered to execute Such Warrant in manner aforesaid. And the said Committee of safety, or said Justice of the Superior-Court who shall grant the said War- rant, shall thereupon appoint two impartial and judicious men to appraise such Goods, provisions, or warlike stores under oath — ^upon return of which appraisal the s^ Com- mittee or Chief-Justice shall after deductiag the charges of taking & appraising as aforesaid, order the Treasurer of this state to pay the residue thereof to the Owner. And be it further enacted by the Authority aforesaid that this Act shall take effect and be in force upon the first day of February A Dom one thousand seven hundred and seventy seven — and not before. LAWS Oi' NEW HAMPSHIEE, 1777. 471 [p. 88.1 [CHAPTER 5.] f State of \ \New Hampshire] An Act in addition to an Act, intitled, an Act, foe the regula- ting THE prices op SUNDRY ARTICLES THEREIN ENUMERATED. [Passed April 10, 1777. Original Acts, vol. 7, p. 32; recorded Acta, vol. 3, p. 333. Laws, 1780 ed., p. 78. The act referred to is dated Jan. 18, 1777. Repealed Nov. 27, 1777.] Whereas it hath been found by experience that some of the Articles in the said Act are therein rated too low, and no Provision is made thereby for the regulation of sundry particulars not therein enumerated, For remedy whereof Be it Enacted, by the Council & House 'of Rep- resentatives, in General Court assembled, & by Authority of the same, That the rates and prices of the several Articles hereinafter enumerated, be and hereby are lim- ited, within this State, as follows, Viz* Good merchantable Rye, and Rye meal shall not exceed the price of five Shillings per Bushel, in the Town of Portsmouth Good merchantable Indian Corn, or Indian meal, shall not exceed the price of four ShUlings per Bushel in the Town of Portsmouth Good Barley Malt shall not exceed the price of Indian Com, rye Malt Shall not Exceed the price of Rye. Men's Neat Leather Shoes of the best common sort, shall not exceed Eight Shillings per pair, other Shoes in proportion according to their Quahty and Size Good well dressed merchantable Flax shall not exceed One ShilHng, and three pence per pound in the Town of Portsmouth, and in other Towns in proportion. And be it further Enacted by the Authority aforesaid That when any Goods or provisions shall be taken by the Sheriff or his Deputy, for the supply of the American Army or Navy, (by Virtue of any Warrant from the Committee of Safety, or Chief Justice of the Superior Court of Judicature of this State (as in the said Act par- ticularly set forth) the same Goods or Provisions, shall not be appraised higher than the prices in the said Act Hmited Unless foimd to be of Super^ quahty to Common merchantable, in which Case to be Appraised at what shall be thought a reasonable price — And be it further Enacted by the Authority aforesaid, that the prices of all the Articles Enumerated, in this or 472 EEV0LUTI01e state. Quarter -Master or Commissary, or other Person to whom they are directed, then and in such Case they shall be allowed by this State such Compensation for the Use or Services of their Horses, Teams, Carriages and Drivers as the Legislature shall, on examining their Accounts for the same, think just and equitable; which Accounts however, shall severally, before they are presented to the Legislature, be examined and certified to be true, by the Justice who issued the Order for impressing the Articles therein charged for, and be annexed to the Certificates and Orders herein before directed to be given. 12. And be it hereby further Enacted, That if any Mima?y L^Ssist military Officer shall at any Time resist, or cause to be 'o^s^^^^^^fU^" resisted, any Sheriff or other civil Officer in the Execu- tion of his Office, or shall neglect or refuse, on being lawfully required, to deliver up to the civil Authority any Person under his Command, who shall have offended against this Act, or any other Law of this State, he shall forfeit the Sum of Three Hundred Pounds; and in case any Private or common Soldier shall resist any such civil Officer in the Execution of his Office, he shall forfeit the Sum of Thirty Pounds; which Forfeitures shall be severally recovered, with Costs of Suit, by any Person that will sue for the same tn any Court where the Action shall be cognizable; one third Part whereof shall belong to the Prosecutor, and the other two Thirds shall be paid to the Collector of the County where the Offence is com- mitted, and by him to the Treasurer of the State, for the Use of the same. 13. And it is hereby further Enacted, That the ^^^^^ ™ ^"^ Act, intitled. An Act to explain the Law and Constitution of the State of New-Jersey, as to the Quartering of, and furnishing of Carriages for the Army in the Service of the 524 BEVOLUTIONAEY LEGISLATION. Preamble. Bepeal. United States of North-America, and for making some further Provision for the same, shall be, and is hereby repealed. Passed at Trenton, March 24, 1778. [p. 35]. CHAP. XVII. An ACT to repeal an Act, intitled, An Act for erecting Salt-Worhs, and manufacturing Salt within the State of New-Jersey. WHEEEAS the great Scarcity of Salt in this and the neighbouring States, induced the Legislature to pass an Act, on the tenth Day of October last, for purchasing a suitable Tract of Land, erecting Salt-Works thereon, and procuring Materials and Implements for manu- facturing that necessary Article: And whereas from various Causes the Execution of the said Act hath been delayed; and the great Number of private Works erecting, as well as already erected, promising an ample Supply of Salt, so as to render a publick Works unnecessary; Sect. 1. Be it Enacted iy the Council and General Assembly of this State, and it is hereby Enacted by the Authority of the same, That the Act, intitled. An Act for erecting Salt-WorJcs, and manufacturing Salt within the State of New-Jersey, passed the tenth Day of October, One Thousand Seven Hundred and Seventy-seven, be, and it hereby is repealed. Passed at Trenton, March 28, 1778. Freamble. Bounty. [p. 42] CHAP. XXI An ACT for granting a Bounty upon Wool, Flax and Hemp, raised and sold within the State of New-Jersey. WHEREAS increasing the Quantity of Wool, Flax and Hemp in this State, may be of singular Advantage to the Inhabitants thereof. Sect. 1. Be it Enacted by the Council and General Assembly of this State, and it is hereby Enacted by the Authority of the same. That from and after the Publica- tion of this Act, any Person raising and seUing, within this State, either Wool, Flax or Hemp, shall be entitled to receive from the Publick, as a Bounty on the same, LAWS OF NEW JEESEY, HIS. 525 the Sum of One Shilling per Pound for good merchantable Sheeps Wool; Nine-pence per Pound for good clean well dressed Flax; and Four-pence per Pound for Hke Hemp, so raised and sold by any Person residing within this State, to any Inhabitant of the same; which Bounty shall be paid to any Person who shall raise and sell any of the aforesaid Articles, over and above the Quantity sufficient for his or her Family's Use, upon his or her producing a Receipt for th* same from the Purchaser, specifying the Seller's Name, the exact Weight of the Article sold, with the Time and Place of Sale; the Truth of which Receipt shall be attested on Oath or Affirmation, before any Justice of the Peace of the County in which he resides; and being exhibited to the Treasm-er of the State, he is hereby authorized and directed to pay all such Sums of Money as shall be expressed in all Receipts so taken, attested and exhibited; and the same shall be his suffi- cient Voucher for the Payment of so much out of the State Treasury. 2. And be it fuether Enacted hy the Authority continuance. aforesaid, That this Act shall continue and be in Force for two Years after the Publication hereef, and from thence to the End of the next Sitting of General Assembly, and no longer. Passed at Princeton, April 14, 1778. [p. 85] CHAP. XXX. An ACT to empower certain Commissioners therein named to take Pos- session of and lease out the Andover Iron-Worlcs, in the County of Sussex. WHEREAS it hath been recommended by the Honour- Preamble, able the Congress to the Legislature of this State, to cause the Andover Iron-Works, in the County of Sussex, to be put into the Possession and Management of some suitable Person or Persons, for the Purpose of making Iron, to be converted into Steel, an Article at this Time much wanted, the Iron made at the said Works being reputed the best in America for that Purpose- And whekeas Possession of the said Works cannot be obtained agreeably to the Resolution of the Council and General Assembly of the thirteenth Day of March last; 526 BEVOLTJTIONARY LEGISLATION. CommSiomrs.''^ ^^'^^- ^- Be IT THEREFORE EnACTED hy the CoUudl and General Assembly of this State, and it is hereby Enacted by the Authority of the same, That Jacob Drake, Archibald Stewart, and Abia Brown, or any two of them, be, and they hereby are appointed Commissioners for the Pur- pose of taking Possession of and leasing out the said Andover Iron-Works, and the Furance, Forges, Buildings, Utensils, and the Land belonging and appertaining to the same, owed t^ieS ^- ^^° ^^ ™ ENACTED, That the Said Commissioners, *«• or any two of them be, and they are hereby empowered to take Possession of and lease out the said Iron- Works, Furnace, Forges, and the Utensils belonging and apper- taining thereto, together with such of the Lands and Buildings thereunto belonging as shall be necessary for carrying on the same, to such Person or Persons as they may think proper for the Term of three Years, at such annual Rent as the said Commissioners shall think just and reasonable, making Allowance for such Disburse- ments as may be necessary to put the said Works, Furnace and Forges in Repair, to be used and occupied for the Purpose aforesaid, with Power to cut Wood on the said Land, and to do such other Acts as may be nec- Provteo. essary for carrying on the said Iron- Works. Provided ALWAYS, That the Contract between the Commissioners aforesaid, the the Person or Persons renting said Works, shall continue in Force no longer than they are carried on for the Purpose of makmg Iron to be converted into Steel. to%M. '""'"' 3. And be it Enacted, That the Rent for the said Works shall be annually paid by the Person or Persons hiring the same to the Commissioners aforesaid, to be by them paid into the Treasury for the Use of the Owners of said Works, and to be paid to each of the said Owners, in Proportion to his Share in said Works, by Order from the Legislature; and if the Person or Persons hiring the said Works, shall neglect to make Payment, then the Commissioners aforesaid, or any two of them, shall in their own Names sue for, recover and receive the said Rents, or such Part as may be due, to be applied as aforesaid. ing*to°rtve"posI 4. And BE IT FURTHER Enacted, That if any Person or ^tod.''"'° Persons, being in Possession of said Works, Furnace, Forges or Utensils, or any of the Buildings thereon, neces- sary for the Purpose aforesaid, shall refuse to give Posses- sion of the same to the Commissioners aforesaid, they are LAWS OF NEW JERSEY, lIlS. 627 hereby directed to apply to one of the Justices of the Peace for said County, who is hereby ordered to issue a Precept to the Sheriff of said CoTinty, commanding him to take sufficient Force of his County, if necessary, and put the said Commissioners in Possession of the same, which Precept the Sheriff is hereby empowered and directed to execute with all convenient speed. 5. And be it further Enacted, That if any of the Dwelling-houses, Lands, Meadows or Buildings, belong- ing to the Owners of the said Andover Works, and neces-^j^"™°|g™^^ sary for carrying on the same, should be under an unex- ^^^^s^s> ^■ pired Lease or Leases from the said Owners; and the Person or Persons leasing the said Works, from the Commissioners, cannot procure peaceable Possession of such Dwelhng-houses, Lands, Meadows or Buildings, it shall and may be lawful for the Commissioners aforesaid, or any two of them, to apply to a Justice of the Peace, and procure Possession as aforesaid; and, in order that any Person holding such unexpired Lease or Leases may receive an adequate Compensation for the Damages done him, it shall and may be lawful for the Person from whom any such Dwelling-house, Lands, Meadows or Buildings, shall be so taken, to nominate one reputable Freeholder, and the said Commissioners, or any two of them, on Notice, shall also nominate one such Free- holder; and if either of the said Parties shall refuse to choose, that then the other shall nominate both; and if the Persons so nominated cannot agree, then they shall choose a third; and the Persons so chosen, or any two of them, shall determine what Compensation shall be paid to the Person so dispossessed, which shall be paid to him accordingly by the said Commissioners, out of the Rents arising from the Works aforesaid. 6. And it rs hereby further Enacted, That if any ^^^•""jj^'lj^"^^* Person or Persons shall be sued or impleaded in any^*"*^**^"*- Court of Record of this State, for any Matter or Thing done in Virtue of this Act, it shall and may be lawful to and for such Person or Persons to plead the General Issue, and give the special Matter in Evidence. Passed (U Princeton, June 20, 1778. 628 EEVOLUTIONAHY LEGISLATION. Ip. 88] CHAP. XXXII. An ACT /or encouraging the Manufacture of Paper in tJie State of Neiv- Jersey. Preamble. j^ order to encourage and promote the Manufacture of Paper in this State, for the Purposes of Printing and Education, and for other Uses; Men exempted, g^^^^ 1. Be IT ENACTED iy the Goundl and General Assernbly of this State, and it is hereby Enacted by the Authority of the same, That at each and every Mill or Works, erected or to be erected and carried on in this State, for the Purpose of manufacturing Paper, there be exempted, from actual Service in the Militia, four Men besides the Owner or Occupier; which Exempts shall be employed only and solely at such Mill or Works, under the Regulations and Restrictions herein expressed. thSeof.^'*'*"^ 2. And it is hereby further Enacted, Tliat the said Men shall be armed and accoutred, and shall attend monthly Musters, and regimental Reviews, in the Companies and Regiments or Battalions within the Bounds of which they are severally employed; and shall moreover be taxed as other Exempts, agreeably to the Directions of the Act, intitled. An Act for the regulating, training and arraying of the Militia, passed the fourteenth Day of April last, but shall not be subject to any Call into actual Service, unless the County in which they are employed as aforesaid shall be invaded. Passed at Princeton, Jime 20, 1778. [p. 88] CHAP. XXXIII. An ACT to prohibit the Exportation of Provisions from the State of New- Jersey. Preamble. WHEREAS it is highly expedient to preserve amongst ourselves such Articles of Produce as may be wanted for our own Consumption, or for the Use of the United States of America. And whereas the restraining of the Exportation of Provisions' may have a Tendency to distress our Enemies, and greatly to weaken their Operations against us, by with-holding from them the Supplies they obtain by Capturing our Vessels : Therefore, LAWS OF NEW JERSEY, 1'7'78. 529 Council and General ,„^^;^^, Sect. 1. Be it Enacted ly the Assemhly of this State, and it is hereby Enacted by the Authority of the same, That an Embargo be, and it hereby is laid, to prohibit the Exportation of Wheat, Flour, Rye, Indian-Corn, Rice, Bread, Beef, Pork, Bacon, Live-Stock, and other Provisions, from this State, from and after the Publication of this Act until the Fifteenth Day of November next: Provided always, that nothing in this Act shall be construed to prevent the taking on Board such Provisions as shall be necessary for the Stores only of any Ships or Vessels of War, or others, Trading to and from this State. 2. And be it Enacted by the Authority aforesaid, That if any Wheat, Flour, Rye, Indian-Corn, Rice, Bread, Beef, Pork, Bacon, Live-Stock, or other Pro- visions whatsoever, except as before excepted, shall at any Time hereafter be laden or found on Board any Ship or Vessel in any Port of this State, contrary to the true Intent and Meaning of this Act, it shall and may be lawful for the Collector, or other Custom-House Officer of such Port, or their Deputies, or any other Person or Persons whatsoever, to seize such Wheat, Flour, Rye, Indian-Corn, Rice, Bread, Beef, Pork, Bacon, Live-Stock, or other Provisions, together with the Ship or Vessel in which the same shall be so laden and found; and such Vessel, together with such of the aforesaid Articles as shall be so laden or found on Board her at the Time of such Seizure, are hereby declared to be forfeited. One-third Part thereof to the Use of the State, One-third Part to the Use of the Collector, or other Custom House Officer making such Seizure, and the remaining Third Part to the Use of the Iilformer or Informers, on whose Information the same shall be so seized. Passed at Princeton, June 20, 1778. tp. 891 CHAP. XXXIV. An ACT to suspend, for a limited Time, the Operation of an Ad, intitled, An Act for regulating and limiting the Price of Labour, and of sundry Articles of Produce, Manufacture and Trade, and to prevent Fore- stalling, Kegrating and Engrossing. WHEREAS it is necessary in the present Situation of Affairs, to suspend, for a limited Time, the Operation of the Act, intitled. An Act for regulating and limiting 37639°— 18 34 ProTiso. Forfeiture. Preamble. 530 EEVOLUTIONAEY LEGISLATION. SuspeDsion. fhe Price of Labour, and of sundry Articles of Produce Manufacture and Trade, and to prevent Forestalling, Begrating and Engrossing; Be it thebefoee Enacted hy the Council and General Assembly of this State, and it is hereby Enacted by the Authority of the same, That from and after the Passing of this Act, the Operation of the said recited Act, and of every Clause, Matter and Thing therein contained, shall be, and it is hereby suspended until the End of the next Sitting of the General Assembly of this State, and no longer. Passed at Princeton, June 22, 1778. Preamble. Suspending Clause. Proviso. [p. 101] CHAP. XLII. An Mj^ further to suspend the Operation oj an Act, intitled, An Act for regulating and limiting the Price of Labour, and of sundry Articles of Produce, Manufacture and Trade, and to prevent Forestalling, Regrating, and Engrossing. WHEREAS it is necessary, in the present Situation of Affairs, further to suspend the Operation of the Act, intitled, An Act for regulating and limiting the Price of Labour, and of sundry Articles of Produce, Manufacture and Trade, and to prevent Forestalling, Regrating, and Engrossing; Be it therefore Enacted by the Council and General Assembly of this State, and it is hereby Enacted by the Authority of the same. That from and after the passing of this Act, the Operation of the said recited Act, and of every Clajise, Matter and Thing therein contained, shall be, and it is hereby suspended until the End of the next Sitting of the General Assembly of this State. Provided always. That should the Legislatures of the States of New- York, Pennsylvania, and Delaware, in the mean Time pass Laws in their respective States, to carry into Effect the Regulation of Prices agreed on by the Convention held at New-Haven, in the State of Connecticut, in the Month of January last, then the said recited Act shall revive, and be in full Force. Passed at Princeton, October 7, 1778. LAWS OF NEW JEESEY, 1'7'78. 531 SESSION BEGINNING OCTOBER 27, 1778. [p. 4] CHAP. II. An ACT to revive and continue an Act, intitled, An Act to prohibit the Exportation of Provisions from the State of New-Jersey. WHEREAS the Act, intitled, An Act to prohibit the Preamble. Exportation of Provisions from the State of New-Jersey, passed the tewntieth Day of June last, has expired by its own Limitation : And whereas the said Act having been found beneficial, it is necessary to continue the same to a further Period: Therefore, Be it Enacted hy the Council and General Assemlly of q^'^ a c ting this State, and it is hereby Enacted by the Authority of the same, That the said recited Act, and every Clause, Matter and Thing therein contained be, and it hereby is revived, and shall continue in full Force until the End of the next Sitting of General Assembly, and no longer. A. Passed at Trenton, November 26, 1778. [p. 8.] CHAP. V. An ACT further to suspend the Operation of an Act, intitled, An Act for regulating and limiting the Price of Labour, and sundry Articles of Produce, Manufacture and Trade, and to prevent Forestalling, Regrat- ing, and Engrossing. WHEREAS it is necessary in the present Situation of Preaniwt. Affairs, further to sjispend the Operation of the Act, intitled, An Act for regulating and limiting the Price of Labour, and sundry Articles of Produce, Manufacture and Trade, and to prevent Forestalling, Begrating and Engross- ing; Sect. 1. Be it therefore Enacted by the Council and suspension. General Assembly of this State, and it is hereby Enacted by the Authority of the same, That from and after the pass- ing of this Act, the Operation of the said recited Act, and of every Clause, Matter and Thing therein contained, shall be, and it hereby is suspended until the Legislatures of the States adjacent to, or bordering upon this State, shall enact and put in Execution, in their respective States, Laws to carry into Effect the Regulation of Prices agreed upon by the Convention held at New- Haven, in the State of Connecticut, in the Month of 532 EEVOLUTION-ARY LEGISLATION. January, One Thousand Seven Handred and Seventy- eight. When to be re- 2. And BE IT ENACTED hy the Authority aforesaid, That when and as soon as the Legislatures of the said States shall enact and put in Execution Laws to carry into Effect the Regulation aforesaid, the said recited Act and • every Clause, Matter and Thing therein contained shall revive and be in full Force. A. Passed at Trenton, December 3, 1778. SESSION BEGINNING OCTOBER 26, 1779. [p. 23.] CHAP. XI. An ACT to prevent Enffrossing, Forestalling and Enhancing the Prices of Produce, Manufacture and Merchandize, within this State Preamble. WHEREAS the evil Practice of Engrossing and Fore- stalling has a natural Tendency to produce an artificial Scarcity, and greatly to enhance the Prices of the various Articles of Merchandise and Country Produce, before they come into the Hands of the Consumer: AND WHEREAS those Practices are become so prevalent as to require the Interposition of the Legislature; ^^•j^^^dcclared Sect. 1. Be IT THEREFORE ENACTED by the Coundl and General Assemhly of this State, and it is hereby En- acted by the Authority of the same, That if any Person or Persons whatsoever, within this State, shall either by Bargain, Contract or Purchase, made after the Publication hereof, get into his, her or their Hands or Possession, any Flour or Meal, with Intent to sell, barter or exchange the same, within this State ; or to withhold the same from sale ; or any Wheat, Rye, Indian Com, Buckwheat, Oats, or any other Kind of Grain, the Growth or Produce of this State, with Intent to sell, barter or exchange the same, within this State, or in any of the neighbouring States, either in Kind, or in Flour, Meal, or any other Way; or to withhold the same from Sale; or any Beef, Pork, Bacon, Hogs-lard, salted Fish, Batter, Cheese, or any other Kind of Provision whatsoever, with Intent to sell, barter or exchange the same, either in this State, or any of the neighbouring States; or to withhold the same from Sale; such Person is declared to be an unlawful Engrosser; and, on being thereof legally convicted (upon Presentment or Indict- ment) in the Court of General Quarter-Sessions of the LAWS OF NEW JERSEY, VTlQ. 533 Peace of the County, where the OflFence shall be com- mitted, shall be fined at the Discretion of the Court, where the Conviction shall be had, in any Simi not ex- ceeding Three Thousand Pounds, to be applied to and for theUse of the County: Provided always, That Nothing p^otim."" in this Act contained shall be deemed, construed, or taken to hinder or prevent any licensed Tavern-keeper, Inn-keeper, Ordinary or Victualler, from purchasing any of the said Articles, and selling them again to his, her or their Guest, in the Course of their Business ; nor to hinder or prevent any Person or Persons from purchasing so much of any of the said Articles, as may be necessary for the Use and Consumption of his, her or their Family, or Persons in their Employ, and their Families. 2. And be rx further Enacted hy the Authority afore- said, That if any Person or Persons whatsoever, within declared Engros^ this State, shall either by Bargain, Contract or Purchase, "^' made after the Publication hereof, get into his, her or their Hands or Possession, any Wool, Flax, Woollen or Linen Cloth, Iron, Hemp, Tallow, raw Hides, or dressed or tanned Leather of any Kind, the Growth, Produce or Manufacture of this State, with Intent to sell, barter or exchange the same, within this State, or in any of the neighbouring States; or to withhold the same from Sale; such Person is hereby declared to be an unlawful En- grosser; and, on being thereof legally convicted, shall be ^"■''e't'"*- liable to a like Fine as is in the first Section of this Act mentioned, to be applied as therein directed: Provided '^™^''" ALWAYS, That Nothing in this Act contained shall be deemed, construed, or taken to hinder or prevent any Person or Persons from purchasing any of the said Arti- cles, and manufacturing the same in the Course of his, her or their Trade or Occupation; nor from selling the Articles so by them manufactured, nor from purchasing so much as may be necessary for the Use of his or her Family, or Persons in their Employ, and their Families. 3. And be it Enacted hy the Authority aforesaid, p^staiiera"'*"'^ That if any Person or Persons, within this State, shall buy, or cause to be bought, purchased or procured, any neat Cattle, Sheep, Calves, Lambs or Swine; and shall sell, barter or exchange the same, within this State, thereby enhancing the Prices thereof, to the Army or Consumer, unless he, she or they, shall keep and feed the same, at least six Weeks in his or her House, Stall, Stye, Farm or Pasture Ground, or where he or she hath the 534 EEVOLUTIONABY LEGISLATION. Herbage or Common of Pastxire; such Person is Hereby Forfeiture. declared to be an imlawful Forestaller; and, on being thereof legally convicted, shall be liable to a like Fine as Engrossers are subjected to by the first Section of this Proviso. Act; to be applied as therein directed. Provided ALWAYS, That Nothing in this Act contained, shall be construed to hinder or prevent Butchers from purchasing fat Cattle, Sheep or Calves, for the Use of the Market, and kilUng and selling out the same. Forestaiiers ot 4. And BE IT Enacted hii the Authority aforesaid, That Merchandize, ■ i • i • n ii what to forfeit, if any Person or Persons, withm this State, shall either by Bargain, Contract or Purchase, made after the Publica- tion hereof, get into his, her or their Hands or Possession, any Goods, Wares or Merchandize, of what Nature or Kind soever, which shall be imported into the same from any Part of Europe, the West-Indies, or any of the neighbouring States, with Intent to sell the same again by Wholesale, (except only such Person as shall purchase the same from the Importer or his Consignee, or from the Marshal of the Court of Admiralty:) such Person is hereby declared an unlawful Forestaller; and, on being thereof legally convicted, shall be liable to a like Fine as is in the firet Section of this Act mentioned, to be apphed as therein directed. ProYiso. 5. And it is hereby Provided and Enacted, That Nothing in this Act contained, shall be construed to hinder any Person from purchasing any Goods, Wares or Merchandize, the Produce or Manufacture of this or any of the neighbouring States, from the original Manufacturer, and selling the same again by Retail. Engrossers of 6. And BE IT Enaoted by the Authority aforesaid, That feit.' if any Person or Persons whatsoever, within this State, shall either by Bargain, Contract or Purchase, made after the Publication hereof, get into his, her or their Hands or Possession, any Quantity of Salt greater than forty Bushels, and shall withhold the same from Sale; or shall refuse to seU the same in small Quantities; or if any Person whatsoever, who heretofore hath by Pur- chase, Contract or otherwise, got into his, her or their Hands or Possession, any of the Articles herein mentioned, more than what is necessary for the Use and Consumption of his, her or their Families, and for the Use of any Per- son or Persons in his, her or their Employment, and their Families; such Persons is hereby declared an unlawful Engrosser; and, on being thereof legally convicted, shall LAWS OF NEW JERSEY, 1W9. 535 be subject to the Penalty in the first Section of this Act mentioned. 7. And be it Enacted hy the Authority aforesaid, That Nothing in this Act contained, shall be deemed, con- strued, or taken to extend to prevent any Commissary, Quartermaster, or Agent properly appointed, from purchasing any of the said recited Articles for the publick Use. 8. And be it furthee Enacted ly the Authority ^.^^'^f^f^^^ aforesaid, That the Justices of the Peace at the several*"- Courts of Quarter Sessions, in .the respective Counties, shall cause this Act to be pubhckly read at such Courts; and give it in Charge to the Grand-Jury particularly to enquire of, and present, all Persons who shall be guilty of Engrossing or ForestalUng, within the Meaning of the same. Passed at Mountholly, December 15, 1779. [p. 25]. CHAP. XII. An ACT for limiting the Prices of various Articles, and to prevent the Withholding from Sale the Necessaries of Life. WHEREAS the United States, in Congress assembled. Preamble, did, by their Act of the nineteenth of November last, earnestly recommend to the several States, forthwith to enact Laws for establishing and carrying into Execu- tion a general Limitation of Prices, throughout their respective Jurisdictions, to commence, in their Opera- tions, from the first Day of February next, on the fol- lowing Principles; Articles of domestick Produce, Farming and common Labour, the Wages of Tradesmen and Mechanicks, Water and Land Carriage, not to exceed twenty Fold of the Prices current through the various Seasons of the Year One Thousand Seven Hun- dred and Seventy-four; Articles imported from foreign Parts, to be in due Proportion with Labour and the Articles as above stated, making a proper Allowance for Freight, Insurance and other Charges; Salt and Mihtary Stores, whether of Home Manufacture or imported from Abroad, to be exempted from Limitation of Prices; also recommending to the several States, to enact Laws against Withholding, and to take the necessary Measures for having the same carried into full Execution: And 536 BEVOLUTIONAEY LEGISLATION. the Legislature of this State being desirous, in the most equitable and effectual Manner, to carry into Effect the good Intentions of Congress; Therefore, PrTresS^iTb™^ 5'ed. 1. Be it Enacted ly the Council and General ^4^y|.°id| -4ssgm6Zy of this State, and it is hereby Enacted ly the Authority of the same, That from and after the said first Day of February next, the Rates and Prices of Labour, and of the following Articles of Produce, Manufacture and Trade, shall not exceed the Sums to them severally annexed; that is to say. The Rates and Prices of Farm- ing, and other common Labour, Carting, and all Kinds of Land and Water Carriage, and the Wages of Mechanicks, Tradesmen and Handicraftsmen, shall not exceed twenty Fold the Prices they were at in the same Places, through the various Seasons of the Year of our Lord One Thousand Seven Hundred and Seventy-four. The Prices of Hemp, Flax, Sheeps Wool, and all Sorts of Woollen and Linen Cloths, Hosiery of aU Sorts, and Hats manufactured in America, Bricks, Lime, Shingles, Boards, Scantling, and all other Kinds of Lumber, Smiths Coal, Firewood, Tanners Bark, Cider, Beer, Apples, Deer-skins, Venison, Poultry of all Kinds, Fish of all Kinds, Roots, Vegetables, Eggs, Milk, and all other Kinds of American Produce and Manufacture, and every Article of the like Kind not particularly mentioned and regulated by this Act, shall not exceed twenty Fold of the Prices such Articles of the like Quality were usually sold at, in the several Parts of this State, through the different Seasons of the said Year One Thousand Seven Hundred and Seventy-four; that the Prices of all Sorts of Goods, Wares and Merchandize, imported from foreign Parts, or brought into this State by Capture or otherwise, shall not exceed the Rate of thirty-five Fold the Prices at which such Articles were usually sold for, in the said Year One Thousand Seven Hundred and Seventy-four, including Freight, In- surance, and aU other Charges ; and that the Prices of the following Articles, at the first Port of Delivery, or Place of Manufactory within this State, from and after the aforesaid first Day of February, shall not exceed the Rates affixed to them respectively, videlicet: Good West-India Rum by the Hogshead, Six Pounds per Gallon. Good merchantable Country-made Rum by the Hogs- head, Four Pounds per Gallon. LAWS OF NEW JERSEY, 1779. 53? The best Muscovado Sugar, One Hundred Pounds per Hundred Weight. All other Sugars in Proportion, according to Quality. Merchantable Molasses by the Hogshead, Four Pounds per Gallon. Good Coffee by the Hundred Weight or greater Quan- tity, One Pound Fifteen SJiiUings per Pound. The best imported Geneva, Six Pounds Ten Shillings per Gallon. The best imported Brandy, Six Pounds Ten SMUings per Gallon. That all other distilled Spirits, not herein mentioned, shall be twenty Fold the Prices they were sold at in the Year One Thousand Seven Hundred and Seventy-four. That from and after the said first Day of February next, no Trader, Retailer, or Vender of Goods, Wares or Merchandize, shall be allowed to ask, demand or receive, any higher or greater Price than at the Rate of twenty- five per Cent. Advance on the Price or Prices such Goods, Wares or Merchandize, shall and lawfully may be sold at by the Importer, Captor or Manufacturer, agreeably to the Regulations in this Act mentioned, with the Addi- tion only of the Charges of Land and Water Carriage, at the Rate herein Umited from the first Port or Place of DeUvery, to the Place of Sale. That from and after the said first Day of FehnCary next, no Innholder or Tavernkeeper be allowed more than at the Rate of seventy-five per Cent. Advance on the Wholesale Price of any Liquors, allowing as aforesaid for Transportation; and for all other Articles of Enter- tainment and Refreshment, and for Forage or Horse Provender, the Price shall not exceed the Rate of Sev- enty-five per Cent, more than at the Rate such Articles are herein limited; which Rates and Prices for Innholders shall be ascertained and determined by the respective Courts of General Quarter Sessions of the Peace, at their next Sitting, after the Pubhcation of this Act; and in such Counties where no such Courts shall be held, before the said first Day of February, any three or more of the Justices of said County shall meet together on the twenty- fifth Day of January next, at the usual Place of holding such Court, and affix the said Rates in the Manner above directed, and a Copy or List thereof delivered to every Innholder or Tavernkeeper, and so from Time to Time thereafter, whenever such Court shall think proper to 538 BEVOLUTIONAEY LEGISLATION. make any Alteration in the same, or as Occasion shaJl require; and the List of Rates, so settled and delivered, shall be received and treated by such Innholder and Tavernkeeper in the same Manner, and subject them to twenty-Fold of the Penalties for neglecting or refusing to comply therewith, as are mentioned and set forth in an Act, intitled, An Act for the 'better regulating ConstaUes, Vendues and Ta/oems, passed in the Year of our Lord One Thousand Seven Hundred and Sixty-eight: And that from and after the said first Day of February next, the Prices of the following Articles shall not exceed the Sums to them severally affixed, videlicet: Good clean Wheat by the Bushel, weighing Sixty Pounds, Seven Pounds Ten Shillings. Peas and white Beans, Seven Pounds Ten Shillings per Bushel. Good clean Buckwheat, Three Pounds per Bushel. Good clean Oats, Two Pounds Ten Shillings per Bushel. Good merchantable Rye or Rye-Meal, Four Pounds Ten Shillings per Bushel. Good merchantable Indian Corn or Meal, Four Pounds per Bushel. Merchantable Wheat-Flour, Twenty-one Pounds per Hundred Weight. Superfine Flour, Middlings and Cornel, in the usual Proportion, according to Quality. Shorts, strict Measure, Two Pounds Five Shillings per Bushel. Bran, strict Measure, Fifteen Shillings per Bushel. Rye-Flour, Thirteen Pounds per Hundred Weight. Merchantable Pork by the Carcase, Six Shillings and Eight-pence per Pound. Well cured pickled Pork, Thirteen Shillings and Six- pence per Pound. The best Grass-fed Beef, Five Shillings and Six-pence per Pound. The best Stall-fed Beef, during the Month of January, Six Shillings and Six-pence per Poxmd; during the Month of February, Seven Shillings and Six-pence per Pound; during the Month of March, Eight Shillings and Six- pence per Pound; during the Month of April, Nine Shill- ings and Six-pence per Pound; during the Month of May, Ten Shillings and Six-pence per Pound; during the Month of June, Eleven Shillings per Pound. LAWS OF NEW JERSEY, 1119. 539 The best Mutton or Lamb, Five SJiillings and Six-pence per Pound. Winter-fed Mutton to be the same Price as Stall-fed Beef, from the first of January to the first of April. The best Veal, Five Shillings per Pound. Rendered Tallow, Fifteen Shillings per Pound. Rendered Hogs Lard, Eleven Shillings and Six-pence per Pound. Raw Hides green. Six Shillings and Eight-pence per Pound, and in! the usual Proportion, when dried. Calf-skins green. Ten Shillings per Pound. Good weU-tanned Soal Leather, One Pound Ten ShiU- ings per Pound. Good well-dressed Upper Leather, Two Pounds Ten Shillings per Pound, and weU-dressed Calf-skins in the usual Proportion. The various Kinds of Saddlers and Harness Leather, not to exceed twenty Fold of the usual Price of such Leather in the Year One Thousand Seven Hundred and Seventy-four. Mens best Neats Leather Shoes, Nine Pounds Ten Shillings per Pair. Mens best Calf-skin Shoes, Ten Pounds Ten Shillings per Pair. Boots not to exceed twenty Fold of the usual Price of such Boots in the same Place, in the said Year One Thousand and Seven Hundred and Seventy-four. Womens Neats Leather Shoes of the best Quality, Seven Pounds per Pair. Womens Calf-skin Shoes of the best Quality, Eight Pounds' Ten Shillings per Pair. Childrens Shoes in due Proportion, according to Size and Quahty. Home-made Cheese of the best Quality, Eleven Shill- ings per Pound. Good fresh Butter, Twenty Shillings per Pound. Good firkin or potted Butter, Sixteen Shillings and Eight-pence per Pound. Bloomary Bar-iron, at the Place of Manufacture, Thirty Pounds per Hundred Weight. Refined Bar-iron, at the Place of Manufacture, Thirty- seven Pounds Ten Shillings per Hundred Weight. Pigiron, at the Place of Manufacture, Two Hundred Pounds per Ton. 540 EEVOLUTIONAEY LEGISLATION. The best American made Steel for Edge-tools, Thirty SMllings per Pound. Common American made Steel, Twenty SMllings per Pound Iron Pots, Kettles, and other light Castings, Seven SMllings per Pound. Large cast Iron Kettles and Pans for boiling Salt, Twenty-two Pounds Ten SMllings per Hundred Weight. NaU Kods of slit Iron, Fifty Pounds per Hundred Weight. Nails of American Manufacture, per Pound, as foUows: Twenty-penny, Twenty-two SMllings and Six-pence. Twelve-penny, Twenty-Jive SMUings. Ten-penny, Twenty-seven SMUings and Six-pence. Eight-penny, Thirty SMllings. Other Nails in the usual Proportion. Good new Scythes, Eight Pounds each. Sickles, and all Kinds of Cutlery, of American Manu- facture, shall not exceed the Rate of twenty Fold of the Price such Articles respectively were usually sold at in the said Year One Thousand Seven Hundred and Seventy- four Good merchantable Pork by the Barrel, One Hundred and Twenty-five Pounds. Good merchantable Beef by the Barrel, Ninety-fi,ve Pounds. Gammons and other Bacon well cured. Fifteen SMllings per Pound. Hay of the first Crop and best Quality, Seventy-five Pounds per Ton. Hay of the second Crop and best QuaHty, Fifty-five Pounds per Ton, and other Hay in Proportion to its Quahty. ^*dn'"m^re' ^- ^^^ ^^ ^^ FURTHER Enacted by the Authority afore- what to forfeit, 'said, That if any Person or Persons shaJl ask, require, demand or receive, a higher or greater Price for any of the Articles herein before enumerated or limited, than what is thereto affixed or limited, he or she so offending shall, for each Offence, forfeit the Sum of Twenty Pounds, and moreover shall forfeit the Goods for which such higher Price shall have been asked, required, demanded or received, such Goods being not sold, or the Sum received or agreed on for the Price thereof, in case they are sold, to be recovered and appUed in Manner herein after directed. LAWS OF NEW JERSEY, 1'7'79. 541 3. AND WHEREAS many Persons, Inhabitants of ^^^1^^ agarns* this State, have, from Time to Time, been guilty of the ^"'''"'^<*«^ shameful Practice of Withholding from those who are in Want of sundry Necessaries of Life, and refusing to sell the same, though possessed of more than their own Consumption requires; Be it Enacted by the Authority aforesaid, That if any Person or Persons, having more of any Article or Articles herein before enumerated or limited, than may be necessary for his or her Family's Use, or for carrying on his or her Trade or Business, shall refuse to sell the Overplus, or a reasonable Part thereof, to any Person or Persons who is in Want of the satne, for his or her Family's Use or Subsistence, or for carrying on his or her Trade or Business, or shall refuse to sell the said Overplus, or a requisite Part thereof, to any Person properly authorized to purchase for the Use of the Army of the United States, or any Detachment thereof, the Person desirous to purchase shall apply to any Justice of the Peace of the County, where the Person having such Overplus resides; which Justice being fully informed and convinced of the Necessity and Want, under which the said AppUcant labours, he shall summon the Person so refusing, to appear before him at such Time and Place as he shall think proper to direct, to be mentioned in the Summons; and if on lawful Service of the said Summons, he or she, so refusing as aforesaid, shall neglect to appear as therein required, or if on his or her Appearance and Examination, it shall, in either Case, be evident to the said Justice, that he or she is possessed of a greater Quantity of any of the said Articles than is necessary as aforesaid, the said Justice is hereby required to issue his Warrant to any Constable of the County, commanding him to call to his Assistance such and so many Persons as may be necessary, and take such Proportion of the Overplus aforesaid, as may be necessary for the Supply of the Person so complaining ; which Goods shall be sold to the Complainant, and the Money, after deducting Ten Shillings for the Warrant, and Fifty Shill- ings for the Constable, with other necessary and reason- able Expences, shall be lodged in. the Hands of the Justice, to be by him delivered to the Owner, when he shall apply for the same; and if the Owner of the said Goods shall neglect to apply for the said Money, within the Space of three Months after the same is paid into the Hands of the said Justice, it shall be forfeited to the Use 542 REVOLUTIONARY LEGISLATION. of the County, and paid by the said Justice to the County Collector, to be applied to the Use of the County; and the Receipt of the said Collector shall discharge the said Justice from the Money so paid, and forever bar the Owner so neglecting from any Suit, Action or Claim, for Proviso. tj^g Recovery thereof: Provided always, That if any Justice shall issue a Warrant for seizing any such Articles on the Application of any Commissary, Quartermaster, or other Person properly authorized to purchase for the Army, or any Detachment thereof, he shall, in granting the same, have Respect to the Circumstances and Wants of the Inhabitants of the Neighbourhood in which the Person resides, from whom such Articles are impressed, and shall determine the Quantity proper to be taken on such Application accordingly. 4. AND WHEREAS no particular Mode is prescribed for the Recovery of the Fines and Forfeitures before reSgRnM."""^' ™6ntioned in this Act; Be it Enacted by the Authority aforesaid, That the several Offences for which the said Fines and Forfeitures herein before mentioned are regu- lated and declared, are and shall be cognizable before any one Justice of the Peace of the County in which the Proviso. Offence shall be committed: Provided always. That the Party defendant in aU Cases where the Fine or Forfeiture shall exceed the Sum of Six Pounds, shall be entitled to have a Trial by a Jury, as in other Cases made cognizable before a Justice of the Peace ; and where Judgment shall be given for the Recovery of any such Fine or Forfeiture the same, when recovered, shall be paid to the Collector of the County in which the Offence shall have been committed, deducting reasonable Costs, to be appUed to the Use of such County. 5. AND WHEREAS Douots may arise respecting the sale of the Articles herein limited, by way of publick Executive offl- Vendue made by the Marshal, Sheriff or other executive cers not to sell -^ ' duM^ete ttfS^^^®^' Guardians, Executors or Administrators; Be it the limited Price, fuptiier Enacted by the authority aforesaid. That if any Marshal, Sheriff, or other executive Officer, Guardian, Executor, Administrator, or any other Person, shall, a;fter the said first Day of February, sell at Vendue, or otherwise, any of the Articles herein mentioned or in- cluded, at a greater or higher Price than is herein limited, such Person so oifending shall be liable to the like Pen- alties and Forfeitures as if the same had been sold at private Sale, to be recovered and applied as aforesaid. LAWS OF NEW JERSEY, 1119. 543 6. AND IT IS HEREBY FURTHER ENACTED, sait not limited. That Nothing in this Act contained shall be construed to limit the Price of salt or Military Stores. 7. AND BE IT FURTHER ENACTED, That the p,^£X" ^"' * Act, intitled. An Act for the regulating and limiting the Price of Labour, and of Sundry Articles of Produce, Man- ufacture and Trade, and to prevent Forestalling, Re- grating and Engrossing, passed the thirty-first Day of March, One Thousand Seven Hundred and Seventy- eight, and every Article and Clause therein contained, shall be and hereby is repealed. Passed at Mountholly, December 21, 1779. [p. 41.] CHAP. XVII. An ACT for procuring Provisions for the Use of the Army, and other Supplies for carrying on the War, and for settling the publich Accounts of this State. WHEREAS the United States in Congress assembled, Preamw.. did, by their Resolution bearing Date the fourteenth Day of December, One Thousand Seven Hundred and Seventy- nine, declare and resolve, that the several States should be called upon to furnish their Quotas of such Supplies as may, from Time to Time, be wanted for carrying on the War; and that the Articles by them respectively fur- nished, shall be credited towards their Quotas of the Monies which they are called upon to raise for the United States, at equal Prices for Articles of the same Kind and Quality, and for others in due Proportion; and that the Accounts shall be finally compared and adjusted, so as to do Equity to all the States: AND WHEREAS it is necessary for the Legislature of this State to appoint proper Persons to perform the Duties that will necessarily attend a Compliance with the said Resolution, and to point out the most expeditious and effectual Mode for procuring such Supplies as can be furnished by fie several Counties therein; Therefore, Sect. 1. Be it Enacted ly the Council and General ^^^^^^^^^^^ Assembly of this State, and it is hereby Enacted by the °"*y' Authority of the same. That there shall be appointed, as often as Occasion may require, by the Council and As- sembly in Joint-Meeting, one State Superintendant of Purchases, whose Duty it shall be, from Time to Time, 544 EEVOLUTIONABY LEGISLATION. to receive the Kequisitions of Congress, and also the Requisitions from the different Continental Boards, and of the Quartermaster and Commissary-Generals made under or by Virtue of the said Resolution; and there- upon to quota the Supplies required, according to the best of his Judgment, to the several Counties in the State, in Proportion to their respective Abilities or Capacities to furnish the same; and to transmit the Quota of each County to one of the Contractors ap- pointed in or by Virtue of this Act, informing such Con- tractors of the Time such SuppUes are required, and the Place where, and Continental Agents to whom, the same are to be delivered, tracto"'^ th°eu 2. And BE IT Enaoted hy the Authority aforesaid, Names. That the several Persons following shall be Contractors in the respective Counties, to wit, For the County of Bergen, Cornelius A. P. Haring. For the County of Essex, Daniel Marsh and Johrv- Treat Crane. For the County of Middlesex, Henry Marsh and Alror- ham Schuyler. For the County of Monmouth, Colonel John Smock, Nicholas Van^Brunt and Abraham Hendricks. For the County of Somerset, Peter H. Dumovi and Qeorge Roland, junior. For the County of Burlington, Edward Thomas and Richard Price. For the County of Gloucester, Samuel Eaighn, junior. For the County of Salem, Thomas Carpenter. For the County of Cape- May, Parsons Leaming. For the County of Hunterdon, John Carpenter, Thom/os Reading and Henry Traphagen. For the County of Morris, Cornelius Ludlow and Con- stant Cooper. For the County of Cumberland, Robert Patterson. For the County of Sussex, John Busbarrow and Richard EdsaU. in^sapp/ira'^"' ^- ^^^ ^^ ^'^ En ACTED by the Authority aforesaid, That the Contractors ia each County shall divide their respective Counties into as many Districts as there are Contractors in the same; and shall, at the proper Sea- sons for engaging the customary Supplies, and also on any Requisition from the Superintendent, meet together and apportion the Quantity wanted on their respective Districts; and each of them shall immediately there- LAWS OF NEW JERSEY, 1779. 545 after, or as soon as the same may be necessary and proper, repair to every Person in his District who may be likely to spare any of the Articles required, and shall contract for the same, until the Supplies, or such Pro- portion thereof as may be necessary and proper, and such reasonable Overplus as may supply any Deficiency, are engaged; and shall notify the Person possessed of the same, of the Time and Place in the County where such Article is to be delivered; and shall take an Account of the Quantity engaged from each Person and the Price thereof, which Account of Purchases he shall transmit to the Superintendant. 4. And be it further Enacted hy the Authority Payment. aforesaid, That the Superintendant shall, on Receipt of such Account of Purchases from the County Contractors, from Time to Time, apply to the Treasurer tor such Slims of Money as shall appear to be necessary for the Payment of the Articles contracted for or procured, and on Receipt of such Monies shall distribute the same to the County Contractors, in Proportion to their respective Accounts of Purchases, and the Receipt of such Super- intendant shall be a sufficient Voucher to the Treasurer for the Expenditure of so much of the publick Money in the Settlement of his Accounts: Provided always. That it shall not be lawful for the Treasurer to pay to the Superintendant or his Order, a greater Sum than the Amount of the Money remaining in the Treasury raised for the Use of the United States. 5. And be it further Enacted, That each County Contractor shall, on Receipt of the Article or Articles are purch^ed, to contracted for, either pay the Price thereof, together with [^ertiflcate^ there- the reasonable Charges of Transportation or Convey-. ■ - ance, or shall deliver to the Person a Certificate under his Hand, specifying the Quantity of the Article or Arti- cles received, and the Sum due therefor, and for Trans- portation or Conveyance, and that the same shall be paid at a stipulated Day not exceeding three Months from the Date, or at any Time afterwards on Demand, with Inter- est at the Rate of six per Cent, per Annum from the Date of the Certificates; and the Faith of the State is hereby pledged to the Holders of such Certificates, that the same shall be paid in Order as Money is received into the Treasury. 37639°— 18=^ 35 Proviso. Persons of whom Articles 546 llEVOLUTIONABY LEGISLATION. tr£tOT? to uans^ 6. And BE IT FURTHER Enacted, That each Couiity fhe* cmftointiS Contractor stall, as he receives the Articles of Supply, ■*8'"'- cause the same to be transported or conveyed to the Con- tinental Agent, agreeably to the Directions of the Su- perintendant, whose Receipt, endorsed on a Way-Note to be given by the Contractor to the Person transporting the said Articles, specifying the Quantity sent by such Person, shall be a Voucher as well for the Person convey- ing the same, whereby to demand the Price of the Con- veyance or Transportation, as for the County Contractor to the Superintendent for the Delivery of the Articles therein specified; a Duplicate Copy of which Way-Note, signed by the Person receiving the same for Conveyance, shall be kept by the Contractor until the Original, with a proper Receipt endorsed, shall be returned to him. mff*to*°Mii."tor 7. And be it Enacted hy the Authority aforesaid, what toiorieit. That eveiy Person possessed of a greater Quantity of any Article that may be required by the Superi'ntendant than is necessary for the annual Use or Consumption of such Person and his Family, and of the Persons in his Employ- ment and their Families, who shall refuse to sell or dis- pose of such Surplusage to any County Contractor, or who being of Ability, and possessed of Teams, Boats or Car- riages, shall neglect or refuse, when thereunto required, to transport or convey any Article or Articles of Supply to the Place in the County appointed for the Delivery of the same, is hereby declared to be guilty of a Misdemeanor, and being thereof legally convicted, shall pay such Fine as the Court before which such Conviction shall be had, shall, in their Discretion, adjudge, not exceeding One Hundred and Fifty Pounds. trw!?"rs Vo *kMp ^- -^^° ^^ ^'^ FURTHER ENACTED ly the Authority feir Accounts; aforesaid, That the County Contractors respectively shall keep fair and regular Accounts of their Proceedings, and transmit Copies of the same to the Superintendant once in every two Months, and shall settle their Accounts every four Months with the Superintendant aforesaid; and in case any County Contractor shall neglect his Duty, ^''^^^JNegiert^ or embezzle the Money entrusted to him from the Pay- point others, ment of such Articles as he may have contracted for, procured or purchased by Direction of the Superinten- dant, or shall neglect or refuse to deliver in fair and just Accoimts of Purchases and Disbursements to the said Superintendant, or to settle his Accounts at the Times herein fixed for that Purpose, or shall be guilty of any LAWS OF NEW JERSEY, 1119. 547 other Abuse or Malpractice in the Execution of his Office, it shall and may be lawful for one of the Judges of the Court of Common-Pleas, and any four Justices of the Peace of such County, upon Complaint of the Superin- tendant, or of any other Person, of such Neglect, Refusal or other Abuse, and proper Proof thereof made by Oath or Affirmation before them or any of them, to displace such County Contractor by a Dismission or Order in Writing imder their Hands, dehvered or transmitted to such Con- tractor, and to supply his Place by a new Appointment, and also in the same Manner to fill up any Vacancy hap- pening by Death, Removal, Resignation or other Dis- ability; of which Appointment, when so made, the said Judge is hereby required to notify the Legislature at their next Sitting for their Approbation. 9. And be it Enacted, hy the Authority a./oresai(^, to^sue fo?""^*"' That every such Sum or Sums of Money so by any of the .,^^°^^_ ^°"«'- County Contractors detained, unaccounted for or embez- zled, shall be sued for, and recovered with Costs of Suit by the Superintendant, in an Action on the Case, to be by him brought in his own Name for the Use of the State. 10. AND WHEREAS it may be difficult for the to^^,;,,'^;,^.'"' County Contractors to prociire Boats, Waggons or other Carriages by Hire, for conveying or transporting Pro- visions or other Supplies necessary for the Use of the Army, or required by the Superintendant for the Use of the United States; Be it thekefoke Enacted hy the Authority aforesaid, That it shall and may be lawful for any County Contractor, when the same shall be necessary, to apply to any Justice of the Peace of the County for an Order or Orders, to procure or impress such Boats or Carriages, agreeably to the Directions of an Act, intitled. An Act for the better regulating the Quarter- ing of Soldiers, and furnishing of Carriages, Horses and other Necessaries for the Army, passed the twenty-fourth Day of March, One Thousand Seven Hundred and Seventy-eight, which Justice shall thereupon proceed as in the fourth Section of the said recited Act is directed. 11. And be it Enacted hy the Authmity aforesaid, ^^^^^f^\-.^^^ That the Justice granting such Order shall be entitled to receive the Sum of Twenty Shillings; and the Constable serving such Order shall be entitled to receive for his Service such Sum as the Justice who granted the Order shall certify under his Hand to be due for the same, to be paid by the County Contractor, on Application to him Accounts, &c. 548 REVOLTJTlbNAEY LEGISLATION. made for that Purpose; and the Receipt of such Justice and of the Constable, endorsed on the Certificate, shall be a sufficient Voucher to the County Contractor for so much Money in the Settlement of his Accounts. t/'?eep°'reg^Li*ar 12. And BE IT FURTHER Enacted, ly the Authority aforesaid, That the Superintendant of Purchases shall keep regular Accounts of all Monies by him received and paid in the Execution of his Office, and settle the same once at least in every six Months, with the Auditor of Accounts of the State, and thereupon deliver to him all Requisitions he may have received for Supplies of any Kind, and all Vouchers whatsoever by him taken or received relative to such Accounts, taking his Receipt for the same; and the said' Superintendant shall also transmit to the Legislature, at every Sitting, Copies of every such Requisitions received in their Recess, and also a general Account, stating how far they have been compleated or supplied, and of every Deficiency that may unavoidably happen. tr£t"re tLirSai- ■^^^ "^^^ ^^ ^'^ Enaoted hy the Authority aforesaid, ariesan&Fees. Tj^^t each of the Couuty Contractors shall be entitled to receive the Sum of Four Hundred Pounds annually for his Services, and in the same Proportion for a greater or less time, and also shall be entitled to receive Twenty Pounds for every Hundred Bushels of Wheat; Twelve Pounds for every Hundred Bushels of Corn, Oats, Rye, Buckwheat or Barley; Twenty-two Shillings and Six- pence for every Barrel of Flour; Three Pounds for every Ton of Hay; Fifteen Shillings for every Hundred Weight of Beef or Pork; Twenty-two Shillings and Six-fence for every Barrel of Pork; Fifty-five Shillings for each Beef on the Leg; Twenty Pounds for every Hundred Bushels of Salt; Ten Pounds for every Ton of Hemp; Ten Pounds for every Ton of Bar-iron; Three Pounds for every Thousand Feet of Boards or Plank; and Thirty Shillings for every Barrel of Pitch, Tar or Turpentine, by him purchased and delivered to the Continental Agent, and so in Proportion for a greater or smaller Quantity, to be allowed to him in the Settlement of his Accounts with Proviso. the Superintendant: Provided always. That if any County Contractor shall have Directions from the Superintendant to manufacture any Wheat he may purchase into Flour, then he shall deliver the Flour, Cornel, Shorts and Bran, produced by any Quantity of Wheat so manufactured, to the Continental Agent, LAWS OP NEW JERSEY, 1719. 549 taking his Receipt for the same; and the said Contractor shall be allowed the reasonable Price of Storage, and the Wages of Labourers necessarily employed in the Course of the Business of his Appointment. 14. AND, to the End the publick Service may not bep,i?i"„^^^t^|/„"i delayed or impeded in case the Superintendant, appointed *™^^ th'rcon- in Virtue of this Act, should neglect or refuse to accept ^{fjj°^it^°„fg[: his Appointment, Be it Enacted hy the Authority afore- '^^''^■ said, That the Contractors appointed in the respective Counties, in or by Virtue of this Act, shall forthwith proceed to purchase Flour and other Articles of Pro- vision, and forward the same to the Army for their im- mediate Supply, without waiting for Orders from the Superintendant, appointed by Virtue of this Act, until such Time as they may receive Directions for that Pur- pose from the said Superintendant. 15. And be it Enacted hy the Authority a/oresaic?, pofn^Shw?!?- That in case the Person appointed as Superintendant of Purchases in Virtue of this Act shall neglect or refuse to accept of his Appointment, or by Death, Removal or other Disability, cease to perform the Duties enjoined on him in this Act, it shah and may be lawful for the Governor and Commander in Chief and Privy-Council to appoint some proper and suitable Person in his Room, and to lay the same before the Legislature at their next Sitting; and the Person so appointed shah be vested with the same Powers, perform the like Duties, and be entitled to the same Rewards, as are annexed to that Office in this Act; and shall continue in Office until ten Days after the next Meeting of the Legislature, unless a new Appointment by the said Council and Assembly in Joint-Meeting shall sooner take Place. 16. AND WHEREAS it is essentially necessary that ^^-^^"ditor o^Ac- the publick Accounts should be speedily collected, settled pointed. and adjusted; for effecting whereof. Be it Enacted hy the Authority aforesaid, That the Council and Assembly in Joint-Meeting shall, from Time to Time, as Occasion may require, appoint some fit and suitable Person an Auditor of Accounts; whose Duty it shall be to collect, audit and adjust the proper publick Accounts of this State, and also the Accounts of this State with the Con- gress of the United States, with the Board of Treasury, the Chamber of Accounts, the Auditor-General of the United States, or with any other Board or Department wherein the same may or ought to be settled, pursuant 550 BEVOLUTIONAEY LEGISLATION. to the Kesolutions or Appointment of Congress or the Laws of the State. anOfficeandTive 1^. And BE IT Enaoted ly the Authority aforesaid, Information. -phat the Said Auditor of Accounts shall immediately open an Office in some central and convenient Part of the State, for the Purpose of receiving, auditing, settling and keeping the said Accounts, and as near as may be to the Treasury-Office; and shall forthwith give Notice in the New-Jersey Gazette, or otherwise, of his Appointment, requiring all Persons who have been entrusted with publick Monies, or who may have Demands upon this State, or are otherwise entrusted in any publick Accounts unsettled, to attend at the said Office for the Purpose of adjusting and settling the same. AS?ante'"o*d^ ^^- -^^^ ^^ ^'^ ENACTED hy the Avthovity aforesaid, hver up Books, That the Committee of Accounts appointed by an Act, intitled. An Act for collecting, adjusting and settling the publicTc Accounts, shall immediately deliver up to the said Auditor of Accounts the Books, Papers, Accounts and Vouchers, to the said Committee belonging, and in their or either of their Hands in consequence of their Appointment under the said Act, upon his Application for the same, a ttS'state o?th? 19- -^ND BE IT FUKTHER ENACTED by the Authority Accounts, &0 aforesaid, That the said Auditor shall keep a fair and regular State of all Accounts to him deUvered in, which he may hereafter settle and adjust in consequence of his Appointment under this Act, or which he may receive from the said Committee of Accounts already by them settled and adjusted, and allowed by the Legislature; and shall enter the same in a Book or Books, to be by him procured for that Purpose, therein carefully separat- ing and distinguishing such Accounts or Parts of Accounts as properly belong to this State, for supporting the Government and Administration of the particular Con- cerns thereof, as a distinct and separate State from such as are owing to or due from the United States, or any or either of them, from or to this State; and generally, shall be guided in the Performance of his Duty by the Acts and Resolutions which have been or may be passed or entered into by the Legislature of this State or by the Congress of the United States, with such further and other occasional Instructions and Directions as he may, from Time to Time, receive from the Legislature. LAWS Of BtteW jebSey, !'}'?§. 551 20. AND, to the End that the said Auditor of Accounts , ^°f°[f^^f^ may obtain a f uU and certain Knowledge of all Accounts aSLm?* "' "" which are of a publick Nature from the different Parts of the State, and be enabled to make a just Settlement thereof. Be it further Enacted, That it shall and may be lawful for the said Auditor of Accounts, and he is hereby authorized and empowered, as often as Occasion may require, to cite before him, by Subpoena or other- wise, such Person or Persons as he may have Reason to believe capable of giving him Information respecting the said publick Accounts or any of them, and him or them to examine upon Oath or Affirmation touching the same ; which Oath or Affirmation he is hereby empowered and authorized to administer for that Purpose. 21. And be it Enacted ly the Authority aforesaid ^ ^^^'{^^^^^^ That every Person cited or subpoenaed before the said ^cX^Satton^ Auditor of Accounts as a Witness to give Information respecting the said publick Accounts or any of them, shall be entitled to a reasonable Compensation for his Attend- ance, Time, and Expences-of Travelling, to be paid by the Treasurer of the State for the Time being, on an Order to him directed for that Purpose by the said Auditor of Accounts; which Order, and the Receipt of the Person to whom the same is made payable endorsed thereon, shall be a sufficient Voucher to the Treasurer for so much of the publick Money in the Settlement of his Accounts. 22. And be it Enacted hy the Authority aforesaid^ ne^iMtS!" ^*tt That if any Person, cited or subpoenaed as aforesaid by J^^^gu^J *° ** the said Auditor of Accounts, shall neglect or refuse to attend or give Testimony as aforesaid, it shall and may be lawful for the said Auditor, and he is hereby authorized and empowered to grant a Warrant or compulsory Pro- cess, directed to any Constable, who is hereby required to pay Obedience thereto, to compel such Person to attend and give Testimony as aforesaid; and to give an Order to the Constable serving the Warrant on the Treasurer, for the Payment of the reasonable Expences attending the same ; which Order, with the Receipt of the Person to whom it is made payable, shall be a sufficient Voucher to the Treasurer for so much of the publick Money. 23. And be it Enacted ly the Authority o/oresoid, ^Je™gs«°*™^ That if any Person who heretofore hath been, or hereafter ^Ml^ttie^'°SS shall be, entrusted with any publick Monies, shall neglect ""^t^, to be sued, or refuse to settle his Accounts with the said Auditor 552 HEVOLUTIONAEY LEGISLATION. when thereunto required, or to pay the Balance due there- on when settled, the Money so entrusted with him, or such Balance as may appear to be due on the Settlement of his Accounts, shall be sued for and recovered, with Costs of Suit, in an Action on the Case, to be brought by the Treasurer in his own Name, to and for the Use of the State. livS'tTthe Audi 24. AND, in order that the said Auditor of Accounts M"nfes^*pa?d'''out ™^y be enabled with the more Accuracy to settle the of the Treasury. AcCOUUtS of this State, Be IT FUETHER EnACTED, That the Treasurer of this State for the Time being shall deliver to the said Auditor, upon Application to him made for that Purpose, a State of all Monies by him paid out from Time to Time to the Orders of Congress, to the Superintendant of Purchases or his Order, or to any other Person or Persons whatsoever. poft"'a'''stat'e 'of 25. And BE IT Enaoted hy the Authority aforesaid AegSature*." ''"That the Said Auditor of Accounts shall report a State of the publick Accounts to the Legislature at every Sitting for their Approbation and final Allowance, and shaU also lay before them a fair and exact State of the Debts and Credits of this State in Account with the United States for their Inspection and Information, and in Order to receive their Instructions and Directions respecting the same, counte'and' sul 26. And BE IT Enacted hy the Authority aforesaid, theirsaiaries^"'' "^^^^ ^^^ ^^^^ Auditor of Accounts and Superintendant of Purchases, and each of them, shall be allowed a Salary of Six Thousand Pounds by the Year, to be paid by the Treasurer of the State for the Time being, on Warrants by them produced for that Purpose, signed by the Gov- ernor in Privy-CouncU; which Warrants respectively, endorsed with the Name of the Person to whom they are payable, shall be sufficient Vouchers to the Treasurer for so much of the publick Money. PMi°™" ■*^*" "' 27. And be it Enacted by the Authority aforesaid, That the Act, in titled. An Act for collecting, settling and adjusting the puhliclc Accounts, passed the twenty-second Day of June, One Thousand Seven Hundred and Seventy- eight, shall be and the same is hereby repealed. Passed at MouuthoUy, December 25, 1779. LAWS OF NEW JEESEY, 1780. 553 [p. 47.] CHAP. XVIII. An ACT to continue an Act, intitled, An Act to prohibit the Exporta- tion of Provisions from the State of New-Jersey. WHEREAS the Act, intitled, An Act to proUUt tie P^^a^we. Exportation of Provisions from the State of New-Jersey, will expire on tiie first Day of January next: AND WHEREAS Congress did, on the fifteenth Day of De- ceinher Instant, recommend that Embargoes be laid to prohibit the Exportation of Provisions until the first Day of April next; Therefore Be it Enacted by the Council and General Assembly o/ciau°e.^ o 1 1 n g this State, and it is hereby Enacted by the Authority of the same, That the said Act, and every Clause, Matter and Thing therein contained, except that Part which limits the Continuation thereof, shall be and continue in full Force until the said first Day of April next; any Thing in the said Act contained to the Contrary in anywise notwithstanding. Passed at Mountholly, December 25, 1779. [p. 57.] CHAP. XXIV. An ACT for suspending the Operation of an Act, intitled, An Act for limiting the Prices of various Articles, and to prevent the With-holding from Sale the Necessaries of Life. WHEREAS the Legislature of this State, on the Preamble, twenty-first Day of December last past, agreeable to a Resolution of the United States of America in Congress assembled, bearing Date the nineteenth Day of November last, recommending to the several States forthwith to enact Laws for establishing and carrying into Execution a general Limitation of Prices throughout their respec- tive Jurisdictions, to commence in their Operation from the first Day of February then next, did pass an Act, intitled. An Act for limiting the Prices of various Articles, and to prevent the With-holding from Sale the Necessaries of Life: AND WHEREAS some of the States have not enacted Laws for establishing and carrying into Execu- tion a general Limitation of Prices, agreeable to the said Resolution, whereby the Operation of the said Act is become burdensome to the good People of this State; 554 ftEVOLUKONAfiY LEGISLATION. su*^s^n1iol°° °'for Remedy whereof, and to provide that the said Act may be carried into Execution whenever the adjacent States enact, and carry into Execution, Laws for a gen- eral Limitation of Prices, Sect. 1. Be it Enacted by the OouncU and General Assembly of this State, and it is hereby Enacted by the Authority of the same, That the Operation of the said Act, in titled. An Act for limiting the Prices of various Articles, and to -prevent the With-holding from Sale the Necessaries of Life, be, and the same hereby is, suspended until the adjacent States of New-YorTc, Pennsylvania and Dda- ivare, enact, and carry into Execution, Laws for estab- lishing a general Limitation of Prices throughout their respective Jurisdictions, on the Principles recommended in the said Resolution of Congress. 'acenTs*t'at^s 2. And BE IT FURTHEE Enacted by the Authority afore- S?e^this Act toS ^^''^j That whensoever the said States of New-Yarlc, revived. Pennsylvania and Delaware, shall enact, and carry into Execution, Laws for establishing a general Limitation of Prices, on the Principles recommended in the Resolution of Congress, bearing Date the nineteenth Day of Novem- ber last, it shall and may be lawful for the Governor or Commander in Chief of this State for the Time being, by Proclamation, to be issued by the Advice of a Majority of at least seven Members of the Privy-Council, to limit and specify a Day for the said recited Act to take EfPect, and be executed in this State; and thereupon the same Act shall take Effect, and be executed accordingly, any Thing herein contained to the Contrary notwithstanding. Passed at Trenton, February 26, 1780. [p. 69.] CHAP. XXXIII. A Supplemental ACT to the Act, intitled, An Act for procuring Prom- sions for the Use of the Army, and other Supplies for carrying on the War; and for settling the publicJc Accounts of this State. Preamble. WHEREAS the United States in Congress assembled, by their Revolution bearing Date the twenty-fifth Day of February last, have called upon the Legislature of this State to furnish, for the Use of the Army for the ensuing Campaign, the following Articles, That is to say. Eighteen Thousand Hundred-Weight of Beef, Ten Thousand Barrels of Flour, Three Thousand Seven Hundred and Fifty-eight Bushels of Salt, Three Thousand Five Hun- LAWS OF NEW JBBSEY, 1780. 555 dred Tons of Hay, Thirty Thousand Bushels of Corn or other Short-Forage equivalent. In order therefore to facilitate the Procurement of the said Supplies, and for accommodating the same as far as may be to the natural and artificial Productions of the several Counties in this State; Sect. 1. Be it Enacted hy the Council and General Quota of sup- " D 1 1 6 s for fi&ch Assembly of this State, and it is hereby Enacted by the coaats. Authority o_f the same, That the said Quota of Supplies shall be furnished by the several Counties of this State in the Proportion following, videlicet, By the County of Bergen, Nine Hundred Barrels of Flour, Six Hundred and Forty Hundred- Weight of Beef, or Pork in Quantity proportioned to the Prices assigned to each, One Hundred Tons of Hay, One Thousand Six Hundred and Seventy-five Bushels of Corn, or other Short-Forage equivalent By the County of Essex, Two Hundred Barrels of Flour, One Thousand Two Hundred Hundred- Weight of Beef, or Pork in Quantity proportioned to the Prices assigned to each. Seven Hundred Tons of Hay, One Thousand Five Hundred and Forty-two Bushels of Com, or other Short- Forage equivalent. By the County of Middlesex, Seven Hundred Barrels of Flour, One Thousand Hundred-Weight of Beef, or Pork in Quantity proportioned to the Prices assigned to each, Five Himdred and Eighty Tons of Hay, Seven Hundred and Ninety-one Bushels of Corn, or other Short- Forage equivalent. By the County of Monmouth, One Thousand Two Hun- dred and Fifty Barrels of Flour, One Thousand Three Hundred Hundred- Weight of Beef, or Pork in Quantity proportioned to the Prices assigned to each. Seven Hundred and Fifty-eight Bushels of Salt, at Eighty Pound- Weight per Bushel, Two Hundred Tons of Hay, Four Thousand One Hundred and Forty-five Bushels of Corn, or other Short-Forage equivalent. By the County of Somerset, One Thousand Eight Hundred Barrels of Flour, Nine Hundred Hundred- Weight of Beef, or Pork in Quantity proportioned to the Prices assigned to each. One Hundred Tons of Hay, One Thousand Eight Hundred and Seventy-two Bushels of Com, or other Short-Forage equivalent. By the County of BurliTigton, Five Hundred and Fifty Barrels of Flour, Three Thousand Hundred-Weight of 556 BEVOLTJTlONAEY LEGISLATION. Beef, or Pork in Quantity proportioned to the Prices assigned to each, One Hundred Tons of Hay, Fire Hundred Bushels of Salt, at Eighty Pound-Weight per Bushel, Three Thousand Eight Hundred and Sixty-six Bushels of Corn, or other Short-Forage equivalent. By the County of Gloucester, Two Hundred Barrels of Flour, Three Thousand Hundred- Weight of Beef, or Pork in Quantity proportioned to the Prices assigned to each, One Thousand One Hundred and Two Bushels of Salt, at Eighty Pound-Weight per Bushel. By the County of Salem, Seven Hundred and Fifty Barrels of Flour, Two Thousand Hundred-Weight of Beef, or Pork in Quantity proportioned to the Prices assigned to each, Four Hundred and Fifty Bushels of Corn, or other Short-Forage equivalent. By the County of Cape- May, Two Hundred Hundred- Weight of Beef, or Pork in Quantity proportioned to the Prices assigned to each. One Thousand Three Hundred and Ninety-eight Bushels of Salt, at Eighty Pounds- Weight per Bushel, Six Hundred and Ninety-two Bushels of Corn, or other Short- Forage equivalent. By the County of Hunterdon, Two Thousand Barrels of Flour, One Thousand Eight Hundred Hundred- Weight of Beef, or Pork in Quantity proportioned to the Prices assigned to each, Three Hundred Tons of Hay, Six Thousand Nine Hundred and Thirty-three Bushels of Corn, or other Short-Forage equivalent. By the County of Morris, Four Hundred and Fifty Barrels of Flour, One Thousand Four Hundred Hundred- Weight of Beef, or Pork in Quantity proportioned to the Prices assigned to each, Seven Hundred and Thirty-six Tons of Hay. By the County of Cumberland, Three Hundred and Fifty Barrels of Flour, Seven Hundred and Sixty Hun- dred-Weight of Beef, or Pork in Quantity proportioned to the Prices assigned to each, Two Hundred Tons of Hay, Three Thousand Nine Hundred and Ninety-two Bushels of Corn, or other Short- Forage equivalent. By the County of Sussex, Eight Hundred and Fifty Barrels of Flour, Eight Hundred Hundred-Weight of Beef, or Pork in Quantity proportioned to the Prices assigned to each, Four Hundred and Eighty-four Tons of Hay, Four Thousand and Forty-two Bushels of Corn, or other Short-Forage equivalent. LAWS OF NEW JEESEY, 1780. 557 2. AND WHEREAS it is reasonable that the several Counties should be entitled to equal Advantages from such Supplies as may be furnished by them respectively in Virtue of this Act, Be it Enacted hy the Authority ajoresaid, That the said Articles of Supply shall be ere- th?^Art1dS'*''?f dited to the several Counties at the following Rates, f^gjja.''™ *'"'* videlicet, Best fresh Beef per Hundred-Weight, net, Two JIundred and Forty Dollars; salted Beef per Barrel, containing Two Hundred and Forty Pounds, net, Seven Hundred Dollars; best fresh Pork, well fatted, per Hundred- Weight, net, Two Hundred and Eighty Dollars; salted Pork, well fatted, per Barrel, containing Two Hundred and Twenty Pounds, net, Eight Hundred and Eighty Dollars; merchantable Flour per Hundred- Weight, gross, containing One Hundred and Twelve Pounds, One Hundred and Eighty Dollars; Salt, for every Eighty Pounds-Weight, One Hundred and Twenty Dollars; Hay per Ton, best Quality, Three Hundred and Twenty Dollars, and other Hay in Proportion; Wheat per Bushel, weigh- ing Sixty Pounds, Sixty Dollars; clean well dried Indian Corn per Bushel, Thirty Dollars; Buckwheat per Bushel, Twenty-four Dollars; well cleaned Oats per Bushel, Twenty Dollars; well cleaned Rye per Bushel, Forty Dollars. And in case the Quota of the said Supplies, assigned to each County in this Act, shall be purchased and furnished at a greater or higher Rate than is herein above specified, the Balance shall be charged to such County in the Proportionment of the Taxes to be laid thereon; and if the same shall be provided or purchased below or under the Price herein before affixed, the Balance shall be credited to such County in like Manner. 3. AND WHEREAS it hath been found inconvenient to admit more than one Contractor in any County, for purchasing the Supplies required from such County, inasmuch as thereby a Competition of Prices is pro- duced, and the Expences of the State enhanced; Be IT Enacted hy the Anihority aforesaid, That the several contractors, Persons following shall be Contractors in the different Counties, videlicet, In the County of Bergen, Cornelius A. P. Haring, In the County of Essex, Daniel Marsh, In the County of Middlesex, Abraham Schuyler, In the County of Monmouth, Lieutenant Colonel John Smocic, In the County of Somerset, Peter H. Dumont, 558 KEVOLUTIONAEY LEGISLATION. In the County of Burlington, Edward Thomas, In the County of Gloucester, Major Samuel Kaighn, In the County of Salem, Thomas Carpenter, In the County of Cafe- May, Philip Godfrey, In the County of Hunterdon, Joseph Inslee, In the County of Morris, Cornelius Ludlow, In the County of Cumberland, Theophilus Elmer, Esquire, In the County of Sussex, Robert Hoops, Esquu-e. lo keep lair Ac- Which Contractors severally shall keep fair and regular COUIltS »/ J o Accounts of their Purchases, and of the Delivery of the Articles of Provision by them purchased; and shall trans- mit Copies of the same to the Superintendant monthly, to be by him collected into one general Account; and one Copy thereof sent to the Commander in Chief of the Army, and another forwarded to the Board of Treasury, agreeably to the Direction of the said Resolu- tion; which Accounts, so to be kept by the said Con- tractor, shall be conformable to a Plan to be formed for that Purpose by the Auditor of Accounts, and by him sent to the Superintendant of Purchases, to be conveyed to the different Contractors for their Direction. 4. AND WHEREAS large Supplies have been furnished by many of the Inhabitants of this State since the Passing of the Act, intitled. An Act for pro- curing Provisions for the Use of the Army, and other Supp^s for carrying on the War; and for settling the publick Accounts of this State; under the immediate Requisition of His Excellency General Washington to the Magistrates of the several Counties, on Certificates from the Agents in the Departments of the Quarter- master and Commissary-General, when the Distress of the Army would not admit of the most minute Delay, and before the said recited Act had come into the Hands of the Superintendant of Purchases and Contractors therein appointed, so as to enable them fully to com- prehend and to execute the Duties assigned to their dr^r^fJom" the ^^^^^ respectively; Be it Enacted by the Authority Treasury. aforesaid. That it shall and may be lawful for the Super- intendant of Purchases, appointed in or by Virtue of the said recited Act, and he is hereby authorized and re- quired, to apply to the Treasurer of this State for the Time being in Person, or by Order, for such Sum or Sums of Money as may be necessary to discharge the said Certifipates, to be distributed amongst the different Be it Enacted by the Authority aforesaid, That the same trStms to pay Sr shall be paid for in like Manner by the Contractors of the^^?™i^°^^y^j£^ LAWS OF NEW JERSEY, 1780. 559 Contractors for that Purpose as soon as an Account of the same shall be delivered or transmitted to him by the said Contractors respectively, specifying the Sums due, the Time when, and Persons to whom the said Certificates were given. 5. AND WHEREAS at or about the Time of the said Requisition large Quantities of Cattle, Sheep, Swine, and other Provisions, were taken or seized by the Officers and Soldiers of the Army, for which it is reasonable that the Owners or Proprietors should be paid in hke Manner as for the Produce furnished under the said Requisition; Countj payfi wni( zee Counties wherein such Seizures have happened ; and the ^™^- said Contractors shall keep Accounts of the same, and of the Certificates given under the said Requisition, which shall be charged by them, in Virtue of the Directions of this Act, distinctly and separately from their other Pur- chases made under the said recited Act; on producing which to the Legislature at their next Sitting, certified by the Superintendant of Purchases, they shall be allowed such Compensation for that Service as shall be deemed just and reasonable: Provided always, That no Cer- ^^o""^- tificates for Cattle, Sheep, Swine, or other Provisions, seized as aforesaid, shall be paid by the said Contractors, unless the same shall be certified under the Hand of His Excellency the Commander in Chief of the Army, or of some other Person by his Order. And provided also, °'"<»' That no such Certificate, given as aforesaid, shall be paid by the said Contractors, if the Provisions, for which the same was given, w^re taken before the fifteenth Day of December last, or since the fifteenth Day of January last. 6. And be it Enacted by the Authority ffl/oresa'u?, shOTt?nS>eTreL? That in case the Money in the Treasury shall at any Time pf JportlmedL "' be insufiicient to pay off the Whole of the Supplies so furnished, or to be furnished, for the Use of the Army, the said Superintendant shall distribute the Money which he may receive from the Treasury amongst the several Contractors, in just Proportion to their several Purchases; and the said Contractors shall pay out the same in like Manner, in Proportion to the Debt which may be due to, and the Necessities of, each Person, taking Receipts for the Sums paid. 560 EEVOLUTIONAEY LEGISLATION. (htsei'linJ'th' 7. And be it Enacted ly the Authority aforesaid, fJ'tecredi^dToThat all Articles of Supply in this Act quotaed to the the County desir- ggygj.^1 Counties, which havc been purchased in any County since the first Day of December last, shall be credited to such County as Part of the Quota in this Act assigned thereto, if the same shall be desired on the Part of the County from whence they were furnished. Ac'^^how "i^'^bo 8. And be it Enacted hy the Authority aforesaid, branded. rj.^^^ ^^^j^ B&Tie\ of Pork, Beef or Flour, which shaU be Purchased by any Contractor for the Use of the Army as aforesaid, or shall be packed by, or under the Direc- tion of, such Contractor, shall be branded or marked, with a Marking-Iron, with the Name of the County-Con- tractor who shall purchase or procure the same, and also with the Letters N. J. for New-Jersey. ^Mistake reel:, g j^^jy WHEREAS the Name of John Busharrow was, by Mistake, inserted in the said recited Act instead of the Name of Abraham Basharrah, who was intended to be appointed one of the Contractors for Sussex County, and has acted accordingly; Be it therefore Enacted iy the Authority aforesaid. That the said Abraham Bas- harrah shall be entitled to the Salary, Rewards and Emoluments, by the said recited Act given to the said John Busharrow, as far as the Purchases of the said Abraham Basharrah shall equitably entitle him to the same; and the Certificates given by the said Abraham Basbarrah for any Articles of Supply procured by Virtue of the said Act, are hereby declared to be good and law- ful, and shall entitle the Holder thereof to receive the Monies therein specified as fuUy as if the said Certificates had been given by the said John Busharrow, or any County-Contractor. colCTls?^'irt%°o ^^- ^^° ^® ^'^ Enacted by the Authority aforesaid, Smm" in^'^thS "^^^^ ^^ any Quartermaster, Foragemaster, Commissary, state. Qp ajjy Qf t]ieir, or either of their. Deputies, or any other Officer on the Staff of Congress, shall, during the Con- tinuance of this Act, presume to purchase in this State any of the Articles in this Act specified, otherwise than for his own Use and Consumption, or that of his Family, such Person, so offending, shall forfeit the Value of the Article or Articles so by him purchased; to be recovered, with Costs of Suit, in any Court where the same shall be cognizable, by any Person that shall sue for the same; and applied one Half to the Use of the Prosecutor, and the other Half to be paid into the Hands of the Collector LAWS OF NEW JERSEY, 1780. 561 of the County where recovered, for the Use of such County. 11. And be it Enacted iy the Authority a/oresaifZ, ^^fo^ors'^'^pur' That if any County-Contractor shall, after the Pubhca-^hase^oniym the tion of this Act, presume to purchase any of the Articles ^ppollite'df ^ "* of Provision, or other Supplies, in this or the before recited Act mentioned, other than for his own Use and Consumption, and that of his Family, in any other County than that for which he is appointed; or shall, by Collusion or other Mal-practice, procure or cause such Articles of Provision, or other Supplies, to be conveyed from a different County, and shall purchase the same by or under Pretence of his Appointment for the Use of the Army; such Contractor, so offending, is hereby declared to be guilty of a Misdemeanor, and, being thereof legally i'6°a'*y- convicted, shall pay such Fine as the Court, before whom such Conviction shall be had, shall, in their Discretion, adjudge, not exceeding One Thousand Pounds. 12. And be it Enacted hy the Authority aforesaid, ^p^ei ™ ■**' That so much of the Act, in titled. An Act for procuring Provisions for the Use of the Army, and other Supplies for carrying on the War; and for settling the puhlick Accounts oj this State; as is altered by or repugnant to this Act, shall be, and the same is hereby repealed. Passed at Trenton, March 18, 1780. [p. 121.] CHAP. LIV. An ACT to revive and continue the Act, intitled. An Act to prohibit the Exportation of Provisions from the State of New-Jersey. WHEKEAS the Act, intitled, An Act to prohibit the PwamWe. Exportation of Provision's from the State of New-Jersey, passed the seventh Day of October, One Thousand Seven Hundred and Seventy-nine, has expired by its own Limitation: AND WHEREAS it is highly expedient at this Time to revive and continue the said Act to a further Period; Therefore, Be it Enacted by the Council and General Assembly o/jj,^^° » c 1 1 n i this State, and it is hereby Enacted by the Authority of the same. That the before-recited Act and every Article and Clause therein contained, (excepting the Clause limiting the Continuation thereof) shall be, and the same is hereby revived and continued until the first 37639—18 86 562 KEVOLUTIOJSTAEY LEGISLATION. Day of December and next, as fully aeffectuaUy to all Intents and Purposes as if the same had not expired. Passed at Trenton, June 17, 1780. SESSION BEGINNING OCTOBER 24, 1780. [p. 6.] CHAP. III. An ACT for the more speedy and effectual Procurement of Supplies for the Army of the United States. Preamble. WHEEEAS the Act, intitled, An Act for proeiiring Provisions for the Use of the Army, and other Supplies for carrying on the War, and the supplemental Act thereto, have, , in some Instances, been found insufficient for drawing forth the necessary Supplies for the Army; and inasmuch as the Act, intitled. An Act to enlarge the Power of Contractors of the several Counties in this State for a limited Time, will shortly expire by its own Limita- tion; Supierintendanr SeCt. 1. Be IT THEKEFORE ENACTED by the CoUncU ^r Procuring and General Assembly of this State, and it is hereby Enacted by the Authority of the same. That, from and after the Publication of this Act, the Superintendant of Purchases of this State shall be, and he hereby is authorized and empowered to give Directions to the Contractors of the several Counties in this State for the procuring of Pasturage for the Horses belonging to the Army, and for such Cattle as may, from Time to Time, be purchased or procured for the Use of the same, until they shall arrive at the Place or Places appointed for their Delivery, and for the Teams employed for Transportation, and for the Purchase and Procurement of such Quantities of Provisions or other Articles of Supply, the Produce of this State, as may be required by the Resolutions of Congress, or by the Requisition of the Commander in Chief of the Army of the United States, or which may be directed by the Quartermaster or Commissary-General, under or by Virtue of such Resolutions or Requisitions, without Respect to the Articles particularly and specially enumerated in the Act, intitled, A supplemental Act to the Act for procuring Provisions for the Use of the Army, and other Supplies for carrying on the War, and for settling the publick Accounts of this State, passed the LAWS OP NEW JERSEY, 1*780. 563 eighteenth Day of March, One Thousand Seven Hundred Tri^sportatio'iuS and Eighty, or to the Quota assigned to such County ^"i'p'"^- in the said Act, and to cause the Articles so purchased to be transported or conveyed to such Place or Places within the State as may be directed by the said Com- mander in Chief of the Army, or by the Quartermaster or Commissary-General, there to be delivered, together with Estimates or Invoices of the specific Articles so conveyed or transported, to the Continental Agents appointed ta receive them, taking Receipts for their Delivery, and to hire or employ Waggons, Teams, and Drivers, for that Purpose. 2. And be it Enacted hy the Authority aforesaid, co^°™to°s en' That in case the Contractor of any County in this State, '"^^'i- or other Person by him appointed and properly author- ized to act in his Room and Stead, shall have Cause to beheve or suspect that any Provisions or other Articles of Supply in the Possession of any Person within such County are in Danger of being withdrawn, carried or conveyed out of the State, in order thereby to disappoint the good Purposes of this Act, or in Case the Owner or Possessor thereof shall refuse to dispose of the same at a moderate and reasonable Rate, it shall and may be lawful for the said Contractor or Person by him lawfully authorized and appointed, and he is hereby empowered and required to seize and secure such Provisions or other May seize sup- Articles of Supply for the Use of the Army or Militia, or '' '*'' Troops raised for the Defence of the State, taking an exact Account of the same, and to apply to some Justice Apply to a Jus- of the Peace of the said County within three Days °*' after such Seizure, and to deliver to him in Writing an Account containing a List of the Articles so seized, and also the Name of the Person from whom, or in whose Possession, the same were found; which Justice is hereby required to summon the Owner or Proprietor of such Provisions or Articles of Supply, or where the Owner is to him unknown or non-resident in the said County, the Person in whose Possession the same were found, to ap- pear before him at such Time and at such Place as he shall think proper to direct, to shew Cause, if any he may have, why the Provisions or other Articles of Supply so seized and secured may not be detained by the said Contractor for the Purposes aforesaid; and on Proof of the lawful Service of the said Summons as directed in this Act, shall proceed to hear and determine 564 REVOLUTIONARY LEGISLATION. the Matter at Issue; and if the said Justice shall, upon Examination and Enquiry, find, or have sufficient Reason to beheve that the Provisions or other Articles of Supply so seized and secured, or any Part thereof, were in Danger of being withdrawn, carried or conveyed out of the State, or that the same may be spared from the Necessities of the Owner, and of those by him employed, the said Justice shall give Judgment accordingly, and shall thereupon certify under his Hand what Quantity of such Provisions or other Articles of Supply are to be retained by the said Contractor for the Purposes afore- said, and shall fix the Price thereof, for which the said Contractor shall give a Certificate, payable in the Bills (ifi^afesf'™ ^"" of Credit directed to be issued on the Faith of this State, and bearing an Interest of Six per Centum per Annum until paid; and if Judgment shall be given in Favour of the said Contractor, he shall deduct the Amount of the Costs, as made out by the said Justice, out of the Certificate so to be given. 3. AND WHEREAS in some Cases in the Vicinity of the Enemy's Lines it may be dangerous or impracticable for a Constable personally or by Deputy to summon the Owner or Person in whose Possession Provisions or other Articles of Supply may be foimd, which have been seized and brought to Issue before a Justice of the Peace by Virtue of this Act; Be it Enacted, That in such Case the Constable to whom a Summons shall be directed for the Purpose aforesaid, shall advertise the same for three m^l mJ^e^^y^ prcvious to the Day of Hearing and Determination Lines. j^ three publick Places of the County, and as near as may be to the Neighbourhood of the Person directed to be summoned, which shall be in such Case taken and con- sidered as a sufficient Service of the said Summons. be^paid' """^ *° 4- -^^D BE IT FURTHER EnACTED, That the Justice before whom such Matter shall be brought to issue as aforesaid, shall draw up an Account of the Costs attend- ing the Trial, which shall be paid by the Collector of the County out of any Monies which may be in his Hands received in Payment of Taxes, and the receipt of the said Justice endorsed on the Account shall avail to the said Collector in his Settlement with the Treasurer in Lieu of so much of the publick Money, and shall be accepted as a sufficient Voucher to the Treasurer in his Settlement with the State. LAWS OF NEW JEESEY, 1780. 565 5. And be it furthee Enacted, That if the origin al ,^,^i,drawta" &c! Owner or Jfossessor of any Provisions or other Articles ''"pp"™- of Supply seized as aforesaid, or any Person in his Behalf, shall, witliout the License of the Contractor of the County first obtained, and before Judgment rendered as afore- said, presume to withdraw, conceal, or remove such Pro- visions or other Articles of Supply, or any Part thereof, so as the same cannot be recovered by the said Contrac- tor, and applied to the Purposes of this Act, and shall be thereof legally convicted on Indictment before any Court where the same shall be cognizable, he shall suffer such Fine not exceeding double the Value of the Articles so withdrawn, concealed, or removed, as the said Court shall in their Discretion adjudge, together with Costs. 6. And be it fuethee Enacted, That Contractors for^o^""*""*"^?: the several Counties in this State shall hereafter, from p°^^* ^^ **■ Time to Time as Occasion may require, be appointed by the Cotmcil and Assembly in Joint-Meeting, and shall continue in Office for and during the Term of one Year, and from thence to the End of the next Sitting of the Legislature, unless in the mean Time removed, super- seded by the Appointment of others, or that the Office has become unnecessary by the disbanding of the Army; and the said Contractors shall, during the Recess of the Legislature, be liable to be displaced for Mal-practice, Embezzlement of the publick Money, Neglect or Refusal of Duty, and others appointed in their Stead in Manner directed in the eighth Section of the Act in titled. An Act for procuring Provisions for the Use of the Army, and other Supplies for carrying on the War, and for settling the publick Accounts of this State. 7. PeOVIDED always, and it is HEEEBY fuethee Owners allowed . . a Jury. Enacted, That nothing m this Act contained shall be taken, deemed, or construed to exclude any Person whose Property may be seized in Virtue of this Act, from de- manding the privilege of a Jury; which the Justice before whom the Matter is brought to Issue, is hereby empowered and required upon Application to grant, and to issue a Venire accordingly. 8. AND WHEREAS there may, in some of the . Mg"■- •' ' ing Supplies near Counties of this State, be considerable Quantities of Pro- ^^^ ^"^^■ visions and other Articles of Supply in tke Vicinity of the Enemy's Lines which cannot be obtained without an armed Force to assist the Contractors of such Counties in the Execution of their Duty; Be it theeefoeb 566 REVOLUTIONAEY LEGISLATION. Enacted iy the Authority aforesaid, That for the Purpose of obtaining for the Use of the Army, and in the most expeditious Manner, all such Articles of Supply as can be spared from the Necessities of the Inhabitants in such Vicinity, it shall and may be lawful for the Contractor of any County in this State, or Person by him properly authorized and appointed, and he is hereby empowered and required immediately upon the Publication of this Act, and from Time to Time as Occasion may require, to make Application to the Colonel or Commanding Officer of any Regiment of Militia in such County to call out the Whole or so many of the Militia of his Regiment as may be necessary to assist him in the Execution of his duty; which Colonel or Commanding Officer is hereby required to pay Obedience thereto. Contractor to 9_ And BE IT FtTETHEE En ACTED, That from and after give Certinoates ' e ^ ■ k 1/-1 Tor Transports- the passmg of this Act, the Contractors of the respective Counties shall give Certificates for the Hire of the Teams by them employed for Transportation, agreeably to the Directions of this Act, and for such other Services as may be necessary in the Course of their Employment or Busi- ness, and for the Supplies by them purchased or procured by Impressment, payable in the Bills of Credit issued on the Faith of this State, and to bear an Interest of Six per Centum per Annum until paid ; and the Faith of the State is hereby pledged for the Payment of the Certificates so given. 10. AND WHEREAS in some of the Counties of this State Detachments of the Militia, or of Troops raised for the Defence of the State, are or may be stationed and cannot be furnished with Provisions and other necessary Supplies by any Commissary of Issues : Be it Enacted iy m^ts^ofttf *MUi" *^^ Authority aforesaid, That the Superintendent of Pur- tia, &c are to be chases shall be, and he is hereby authorized and required suppued, ' "^ ^ to give Directions to the Contractor of such Coimty, or any of the adjacent Counties, to deliver to the Quartermaster or other Person properly appointed and authorized by the Commanding Officer at such Post, on certified Pro- vision Returns to him produced for that Purpose, such Articles of Provision and other Supplies as may be necessary for the Use of such Troops or Mihtia, taking the Receipts of the said Quartermaster or other Person appointed as aforesaid, therefor, which shall be sufficient Vouchers to the said Contractor for such Delivery. LAWS OF NEW JERSEY, 1780. 567 11. And be it further Enacted hy the Authority aforesaid, That when the Militia of any County in this ^^»?j|'j^^^^^^ State, or any Part thereof, shall be called out agreeably*'^'"- to the Directions of this Act, to assist the Contractor of such County in the Execution of his Duty, they shaU be entitli3d to the same pay and Emoluments as when called out upon actual Military Duty, to be paid by the Pay- master of the County to which they belong, on Payrolls of the same being to him produced, properly certified and authenticated. 12. And be it further Enacted, That the Contrac- sS^erinteTaSnt tors of the several Counties in this State shall make out '" ™*'^» '^''*»™- full, complete and accurate monthly Returns of all Pur- chases and Deliveries by them made after the passing of this Act, as far as the same may be practicable, to the Superintendant of Pxirchases, specifying the Articles and Magazines, or Places where they have been deposited, who shall thereupon draw out a general Account of the same, to be transmitted to the Commander in Chief of the Army, and a Copy thereof to the Commissary-General of Purchases. 13. AND WHEREAS many Persons may be induced to conceal their Waggons, or to neglect to repair the same Jest they should be employed in the Service of the Pub- lick; Be it Enacted ly the Authority aforesaid, That it^e^j^g' "agSS^t shall and may be lawful for any Justice of the Peace of tag'°°|e ™ w^: any County in this State, and he is hereby required upon ^°^- Application to him made by the Contractor of the said County, and being ascertained of the Fact, to grant a Warrant to any Constable of the County to seize and take such Waggon so concealed or out of Repair, and to de- liver the same to the said contractor, to be employed or repaired for the transportation of such Supplies as may by him, from Time to Time be purchased or procured for the Use of the Army, of which Repairs the said Con- tractor shall keep a regular and exact Account, and shall retain the Amount of the same out of the Hire thereof. 14. AND for the Encouragement of the Contractors who have been or may be appointed in the several Coim- ties of this State, and that they may be excited to a cheerful and diligent Performance of the Duties of their Appointment in the present Emergency; Be it FURTHER Enacted by the Authority aforesaid. That each of the said Contractors shall be entitled to receive for thCcoS?!^^' ""^ Purchases which he shall make after the passing and 568 EEVOLUTIONAEY LEGISLATION. during the Continuance of this Act, instead of the Salary and Allowances heretofore granted by Law, the Sum of Twenty Pounds annually, and in the same Proportion for a greater or less Time, and shall also be entitled to receive for the several Articles which he shall purchase, at the Rates following; that is to say, Twenty-five Shillings for every himdred Bushels of Wheat or Rye; Twenty Shillings ior every hundred Bushels of Indian Com, Oats, Buckwheat or Barley; One Shilling and Six-pence for every Barrel of Flour, Pork or Beef; One Penny for every Gallon of Spirits, the Produce of this State; Four Shillings for every Ton of Hay; One Shilling ior every hundred Weight of Beef, Pork, Mutton or Veal; Five Shillings for every Beef on the Leg; Twenty Shillings for every hundred Bushels of Salt; Ten Shillings for every Ton of Hemp; Ten Shillings for every Ton of Bar-Iron; Five Shillings for every thousand Feet of Boards or Plank; and One Shilling and Six-pence for every Barrel of Pitch, Tar or Turpentine; and so in Proportion for all other Articles he may be directed to purchase, having Regard to the QuaUty, Quantity and Price of each, to be paid in the Bills of Credit issued upon the Faith of this State, and allowed to the said Contractors respectively, in the Set- tlement of their Accounts with the Superintendant. pfrt™f Acts^^ 1^- "^^° ^^ ^ Enacted by the Authority aforesaid, pealed. That the Act, intitled, An Act to enlarge the Power of the Contractors of the several Counties in this State for a limited Time, passed the seventeenth Day of June, One Thousand Seven Hundred and Eighty ; and also so much of the Act, intitled, An Act for procuring Provisions for the Use oj the Army, and other Supplies for carrying on the War, and f or settling the publiclc Accounts of this State, passed the twenty-fifth Day of December, One Thousand Seven Hun- dred and Seventy-nine, and of the supplemental Act thereto, passed the eighteenth Day of March, One Thousand Seven Hundred and Eighty, as is altered by or repugnant to this Act, shall be and the same are hereby repealed. Passed at Trenton, December 4, 1780. LAWS OF NEW JEKSEY, 1780. 669 [p. 11.1 CHAP. V. An ACT more effectually to prevent the Inhabitants of this State from trading with the Enemy, or going within their Lines, and for other Purposes therein mentioned. WHEREAS the Laws now in Force are found in- Preamble, sufficient to prevent the Inhabitants of this State from sending Provisions within the Lines of the Enemy, and carrying on a commercial Intercourse with them, to secure for Trial those who go iato or come out of the same without Passports, and to dispose of condemned Prisoners in such Manner as the Safety and Peace of the State require; Sect. 1. Be it therefore Enacted by the CouTicil 0,1^ Fw^nf'miag in- General Assembly of this State, and it is hereby Enacted by Lmesf or^cSry- the Authority of the same, That every Person owing Alle- ^^^^ ^_ ^""^' giance to the Government of this State who shall, after the passing of this Act, be apprehended going into the Enemy's Lines, or into the Encampments of the Troops of the King of Great-Britain without a License or Per- mission first obtained of His Excellency the Governor or Commander in Chief of the State for the Time being, or of His Excellency the Commander in Chief of the Army of the United States; and every Person owing Allegiance as aforesaid, who shall, after the passing of this Act, and without License or Permission as before mentioned, go into the said Lines or Encampments, or shall convey, carry, or transport, or attempt to convey or send, or in any Manner whatever shall be wilfully and knowingly aiding, assisting, directing, or countenancing the sending, conveying or transportmg into the said Lines, or into Places occupied by the Troops or Adherents of the said King of Great-Britain, any Provisions, military or naval Stores, or any other Article or Thing the Produce of this State, or that may be found within the same, and shall be thereof legally convicted on Indictment before any Court of Justice holding Jurisdiction in criminal Causes, shall have Judgment that he or she forfeit his or her whole Estate both Real and Personal, together with aU legal Rights and Privileges in Manner and Form as here- in after is expressed and declared; and the Justices of the said Court before whom such Conviction may be had, shall further proceed to give Judgment against the Prisoner or Prisoners so convicted, by ordering him, her, or them, in Discretion of the Court, to remove to any £70 BEVOLUTIONAEY LEGISLATION, Township or County within the State remote from the Er.emy's Lines, or to be imprisoned in any Prison in the State, cropped, whipped, or pilloried; or if an able- bodied Male, to serve on Board one of the armed Vessels of War belonging to this State, or to the United States of America, where he shall remain during the present War with Great-Britain, imder Pain of Death in case of his deserting the said Service before the Conclusion of the present War, or a Pardon first had and obtained under the Great Seal of the State; and he so deserting in Con- tempt of the said Sentence, on Indictment or Conviction thereof being duly had against him before any Court of Law having Jurisdiction in Causes capitally criminal, shall have Judgment to suffer Death as a Felon, without Benefit of Clergy. Ne^l*""?"'!!?- 2- -^^° ^^ ^ ruRTHEK Enaoted, That if any Indian dians. qj. Negro, whether Free or in Bondage, shall commit any of the Offences prohibited by this Act, and shall be thereof indicted and convicted in Manner aforesaid, such Indian or Negro so offending shall have Judgment of Imprisonment, whipping, cropping, pillorying; or if a Male, to serve on Board of any Vessel of War, in like Manner as herein before is directed. oe"dfSg''when ^- "^^^ ^^ "" ^'U^THEE ENACTED iy the Authority j^dledtotosea^"™^'^'^'^' That whcu any Person shall be adjudged to service. scrvc on Board of any Vessel of War agreeably to this Act, the Sheriff of the County in which such Judgment was given, shall forthwith convey the Person so sentenced to the nearest Seaport where any armed Vessel in the Service of this State, or of the tJnited States, may be lying, and dehver the Prisoner so condemned, together with a Copy of the Judgment of the Court against him, certified by the Clerk of the Court by whom the Prisoner was condemned, to the Captain or Officer highest in Command on Board the Vessel, and take a Certificate of such Ofiicer, setting forth the Name of the Vessel on Board of which the Prisoner was deUvered, by whom the said Vessel was commanded, and acknowledging the Receipt of such condemned Person with the Copy of the Judgment against him; and any Sheriff conveying a Prisoner on Ship Board, as by this Act directed, or his making out an Accoimt on Oath of his Expenses, shall, on presenting such Account, together with the Certificate as aforesaid, to the Collector of the Coimty in which the Delinquent belonged, receive the Amount thereof, with LAWS OP NEW JERSEY, ITSO. 571 reasonable Allowance for his Time, from the said County Collector, who is hereby directed and authorized to pay the same out of any publick Monies ia his Hands ; which Account, Certificate, and Receipt of the Sheriff for said Money shall be sufficient Vouchers to the Treasurer for the crediting of such Collector so much Money in the Settlement of his Accounts. 4. And be it fxirthek Enacted, That when Si.nj ^^^^^j^^""^^. Person convicted by Virtue of this Act, shall be sentenced j;'J|JJ' g,^^ °[ by the Court before whom such Conviction shall be had, '*°^ *» •* p""- to an Imprisonment in the Gaol of any other County than that in which the Offender was prosecuted, the Sheriff of the Coimty where the Prisoner belonged shall forthwith convey the Prisoner so sentenced, to the proper Gaol to which he or she may be adjudged, and shall dehver to the Keeper of such Gaol the condemned Per- son, together with a Copy of the Judgment, certified by ihe Clerk of the Court; and the Keeper of the Gaol to nrhom such Person and Copy of the Judgment may be dehvered as aforesaid, is hereby required to receive and keep in safe Custody such Prisoner during the Term of Time that he or she may be sentenced by the Court to Imprisonment : And the Sheriff conveying a Prisoner out of the County as aforesaid, on producing an Accoimt of his Expences on Oath, and the Gaolkeeper's Receipt for the Prisoner, to the Collector of the County where such Sheriff may belong, shall receive the Amount thereof, with reasonable Allowance for his Time, out of any pub- lick Money in the Hands of such Collector; and the Sher- iff's Accoimt, Receipt tor the Money, and Gaoler's Re- ceipt for the prisoner, shall be sufficient Vouchers for the Collector in the Settlement of his Accounts with the Treasurer, and also for the Treasurer in his Settlement with the State. 5. And be it further Enacted, That whenever any j^jP^™^'™™"?^ Person convicted by Virtue of this Act, shall be sentenced part rfarstfto to remove to any Township or County within the State, not bordering on the Lines of the Enemy, he or she shall, within four Days after such Sentence, repair to such in- terior Part of the State, as was pointed out in said Sen- tence : And if any convicted Person ordered by the Court as aforesaid to repair to a Part of the State remote from the Lines of the Enemy, shall refuse to obey such Order within four Days, or shall return to the Coimty from which he or she hath been ordered to retire as aforesaid, 572 REVOLUTIONAEY LEGISLATION. or shall be found in any other Part of the State than ■within the propei Limits of the Township or County to which he or she hath been ordered to repair, that in every such Case the Person who shall presume to vio- late the said Order, shall, upon Conviction thereof before any Court having Jurisdiction in Causes criminal, have peremptory Judgment to stand in the Pillory, to have one Ear cropped, and to be imprisoned during the Continu- beraming charli- "'^''^ °^ ^^'^ present War with Great-Britain: Provided able to the Town. ALWAYS, That if any such Person shall become chargea- ble to the Township, Precinct or Ward to which he or she hath been ordered to repair as aforesaid, and was possessed of any Estate which became forfeited by his or her Sentence, then and in such Case, the Person or Persons in whom the same may be vested, shall defray all the Expences and Charges of his or her Maintenance, as long as any of the said Estate may remain; and in case the Person or Persons in whom the said Estate may be so vested, shall neglect or refuse to pay all the Ex- pences and Charges of his or her Removal and Mainte- nance, as long as any of the said Estate may remain, then and in such Case it shall and may be lawful for the Overseer of the Poor of the Township, Precinct or Ward as aforesaid, and he is hereby required to prosecute to Effect the Person or Persons in whom the Estates are vested as aforesaid, for any Sum or Sums of Money that may become necessary for the Support of the Persons aforesaid, in any Court where the same may be cogni- zable, with Costs; but if the Person convicted and sen- tenced as aforesaid had no Estate, or if the same shall have been expended in his or her necessary Maintenance, it shall and may be lawful for the Overseer of the Poor of the Township, Precinct or Ward as aforesaid, and he is hereby authorized and directed to apply to the Col- lector of the County to which he belongs, for whatever Sum or Sums of Money may be necessarily expended for his or her Maintenance, who is hereby required to dis- charge the same, taking the Receipt of the Overseer there- for ; which Receipt shall be a sufficient Voucher to the said Collector for so much of the publick Money in his Settle- ment with the Treasurer, and to the Treasurer in his Settlement with the State. Persons con- 5. And BE IT FURTHER Enacted, That if any Pcrson vexing, &c. Pro- , , ' j« i • visions to toe En- or Persous owing Allegiance to the Government of this tranchised. State, shall be convicted of having offended against or violated this Law, by supplying or wilfully attempting LAWS OF NEW JERSEY, I'ZSO. 573 to supply the Enemy with any Kind of Provisions or other Article by this Act prohibited, and Judgment had against him, her or them therefor, agreeably to this Act, that in such Case every Person so condemned shall, from the Day of passing such Judgment against him, her or them, become disfranchised, and shalllose all Privileges, Eights and Immunities which otherwise he or she might have enjoyed as a free Citizen of this State, and shall be forever incapable of holding any Office Legislative, Executive or Judicial, of voting at any Election, of serving on Juries, and be forever barred and rendered incapable of bringing his or her Action at Law or Suit in Equity, against any Citizen or Subject of this State. 7. And be it further Enacted, That if any Person gons^J**n'!^i°t'tJ^''; shall be convicted as aforesaid of having offended against ^{,'^;^\*'d^^nd" this Act, and Judgment be had against him or her*''' therefor, agreeably to this Act, that in such Case the Whole and every Part of his or her Estate, both Real and Persona], shall from the Day of such Judgment become forfeited, and shall descend to his or her proper Heir or Heirs at Law, who shall become as fully seized and possessed thereof and entitled thereto as the Delin- quent was at the Time of the Forfeiture, to all legal Intents and- Purposes as though such Person convicted and adjudged as aforesaid, had died a natural Death Intestate; and the Ordinary shall, and is hereby directed and authorized to proceed in every such Case to grant Letters of Administration of such forfeited Estate, to some proper Person or Persons (giving no special Pre- ference to the Right of Affinity or Consanguinity) who shall enter into Bond, with sufficient Sureties in the Ordinary's Court for the due Discharge of his, her or their Duty and Trust as an Administrator or Administrators, and the faithful Administration and Disposition of the Estate of such Convict, agreeably to Law: Provided ALWAYS, That Nothing in this Act shall be construed or understood to prevent the Persons to whom the said Estates shall descend from being subjected to the Ex- pences and Maintenance as specified in the Provisio of the fifth Section of this Act. 8. And be it further Enacted, That when anv ^^'i'^''^ Jt ^p- ' .^prenenaing Conviction and Judgment shall be had in Virtue of this °''^°'',«"„^"? Act, the Justices of the Court before whom such Convic- ^'"^''■'^"™- tion and Judgment may be obtained, shall proceed to order and adjudge any Sum not less than Ten Pounds, 574 EEVOLUTIONAEY LEGISLATION. nor more than One Hundred Pounds lawful Money, to be paid out of the Estate of each Offender so convicted, to any Person or Persons by whom such Offender may have roTiso. been apprehended and prosecuted to Conviction: Pro- vided ALWAYS, That such Person or Persons so entitled to such Reward shall not be thereby rendered incapable to be a Witness on any such Trial; and the Person or Persons in whose Favour such Sum or Sums of Money may be adjudged as aforesaid, on producing a Copy of such Judgment, signed by the Clerk of the Court before whom Conviction was had and Judgment awarded, setting forth the Name of the Person convicted and the Sum of Money allowed by the Court, shall be entitled to receive of such Administrator or Administrators the Sum of Money so ordered, out of the Offender's Estate; and if such Administrator or Administrators shall, on Application made to him, her or them, by any Person in whose Favour such Order may be made by the Court, shall neglect or refuse to pay the same out of the Assets in his, her or their Hands, then and in such Case the Person or Persons in whose Favour such Order was made by the Court, shall bring his, her or their Action of Debt for the same, and give this Law in Evidence against such Administrator or Administrators, in any Court where the same may be cognizable, and shall have Judgment and Execution therefor, together with Costs of Suit, against such Administrator or Administrators. susfraM fn 'S- ^- ^^° ^^ ™ FURTHER ENACTED, That whcn any Per- tain Cases. gon shall be apprehended and committed to Gaol in Virtue of the first Section of this Act, by any one of the Justices of the Supreme Court, or any one of the Justices of the Peace of any Coimty within this State, by Warrant of Commitment under the Hand and Seal of such Justice, setting forth that the Prisoner was apprehended for send- ing or conveying, or for attempting to send or convey, or for being knowingly and wilfully aiding and assisting in sending, carrying or conveying into the Lines of the Enemy, Provisions or any other Article prohibited by the first Section of this Act, or that the Prisoner was apprehended going into the Enemy's Lines, or for having gone into the same after the passing of this Act, that in every such Case the Privilege of the Writ of Habeas Corpus to such Prisoner shall be suspended, and is hereby de- clared to be suspended and made void, during the Con- tinuance of this Act. LAWS OF NEW JERSEY, 1180. 575 10. And be it further Enacted hy the Authority ij^^l^^^^ aforesaid, That the Commanding Officer of every Post^f^^^-j^Jy^^^ where any Detachment of the Militia or other Troops of '^'^• this State, may or shall hereafter be stationed along the Shore, shall forthwith order all Boats, Canoes, Skiffs, Flatts, and all Water-Craft of whatever Construction, that may be found along the Shores of the State, or the Lines of the Enemy, to be collected and secured in some Place or Places most convenient and safe: All of which Boats or Water-Craft so collected, shall be and remain under the immediate Command and Direction (as far as is conducive to the publick Weal) of such Officer for the Time being; and if the Owner or Owners of any Boat or Craft which may be secured by Virtue of this Law, or any other Person whatever, shall presume to take his or her Boat or Craft, or the Boat or Craft of any other Person, from such Place of Security as aforesaid, without Permission first had in Writing, from the Officer under whose Command such Boat or Craft may be taken in Charge, specifying the Service in which such Boat or Craft may be used, without injury to the Publick, and the Time when it shall be again returned to the Place of Safety from whence it is suffered to be taken, or shall detain any Boat or Craft for a longer Time than is allowed for such Permission, he or she shall forfeit and pay for every such Offence the Sum of Six Pounds lawful Money, to any Person who will sue for the same in an Action of Debt, and give this Law in Evidence, before any Court of Justice where the same is cognizable, who shall give Judgment therefore, together with Costs of Suit. 11. And be it further Enacted, That where there „^°*°f'^**''° ' Orders wnere no is no Officer specially appointed to command on the *«"*»'? officer. Coast near the Lines of the Enemy, the Colonel or other Officer first in Rank in the Regiment of Militia bordering along the said Coasts, shall be deemed and held to be the Officer commanding so far as the Regiment extends, for the Purpose of taking and securing Boats and Water- Craft agreeably to this Act; and in case no Military Officer as aforesaid shall secure the Boats and Water- Craft along or near the Shore agreeably to this Act, that in such Case it shall and may be lawful for any Justice of the Peace to issue a Warrant under his Hand and Seal to one of the Constables of the Coimty, to seize and convey to any Place or , Places of Safety, as in such 576 REVOLUTIONARY LEGISLATION. Warraat shall be directed, all Boats and Water-Craft that can be found within the said County, and make Return of all such Boats so seized, to the Justice issuing the Warrant; which Crafts when collected shall remain under the immediate Care and Direction of the said Justice of the Peace, as they would have been under the Care of the Military Officer, agreeably to the preceding Section; and every Person who shall remove any of the said Water- Craft without such Permission from the said Justice, as is provided in the preceding Section of this Act, he or she shall incur the same Penalty as is therein directed. ceremd"qi^is- 12. And BE IT FURTHER Enacted, That every com- tSlSe'^"oS' "li^^ioned Officer having Command of Militia or other Tioops within this State, near the Lines of the Enemy, and every Commissary or Deputy Commissary of Pris- oners, who may have the Superintendency of Flags between any Posts of this State and the Enemy, shall t ke and subscribe the following Oath, viz. I A. B. do solemnly swear that I will not directly or indirectly allow any Trade or Intercourse with the Enemy, contrary to the Ad, intitled, An Act more effectually to prevent the Inhabitants of this State from trading with the Enemy, or going within their Lines, and for other Purposes therein mentioned. So help me God. And the several Justices near the Lines are hereby authorized and re- quired to call upon the^ Officers and Commissary, or Deputy Commissary of Prisoners stationed as foresaid, to take the above Oath; and the Justice who shall ad- minister such Oath shall preserve a Copy thereof, signed with the Name and expressing the Rank of the Officer or Title of the Commissary of Prisoners, and shall give a Certificate of the Qualification as aforesaid to the said Officer or Commissary so qualified; and if any such Officer or Commissary or Deputy Commissary of Prisoners as aforesaid, shall neglect to take and subscribe the said Oath when called thereto, or to require a Certificate thereof from the Justice by whom the said Oath shall be administered, such Officer or Commissary of Prisoners so neglecting shall be liable and is hereby subjected to Penalty for neg- an Action of Debt to the Amount of Six Pounds lawful Money, to be recovered from such delinquent Officer or Commissary by any Person who wiU sue for the same, and give this Law in Evidence, before any Court where the same may be cognizable. LAWS OF NEW JERSEY, l^SO. 577 13. And be it further Enacted hy the Authority p^°i„^°Q^ aforesaid, That it shall and may be lawful for any Detach- tlfor^om the^n^ ment or Guard of regular Forces of the United States, '""y- of the Militia or Troops of this State, and for any Person or Persons whomsoever, to seize and secure any Provision, Goods, Wares or Merchandize attempted to be carried or conveyed into or brought from within the Lines or En- campments, or any Place in the Possession of the Subjects or Troops of the King of Great-Britain, after the passing of this Act, without Permission first obtained as afore- said, together with the Boats, Carriages, Teams or Horses so carrying or conveying the same, and also the Person or Persons in whose Possession they may be, and him, her or them to take before any Justice of the Peace of the County wherein he, she or they may be apprehended; which Justice is hereby directed and re- quired to hear the Allegations and Defences of the Parties, with the Evidence produced in Support thereof, and to give Judgment accordingly; and if Judgment shall go against the Defendant or Defendants, the Goods or Effects so as aforesaid found in his, her or their Possession, shall be forfeited to and for the Use of the Person or Persons who seized the same; but if Judgment shall go against the Plaintiff, the said Goods or Effects shall be restored to the Owner or Person from whom they were taken, and the Costs shall be paid by the Plaintiff: Provided ALWAYS, That it shall and may be lawful for either ModeotTriaL of the Parties to the Trial to demand a Jury of twelve Men, and upon such Demand the said Justice is hereby required to grant the same, and to proceed in all other Kespects as in the like Case in the Act, intitled, An Act to erect and establish Courts in the several Counties in this Colony for the Trial of small Causes, and to repeal the former Act for that Purpose, passed the eleventh Day of February, One Thousand Seven Hundred and Seventy- five, is directed; and on the Verdict of the Jury being taken, shall give Judgment agreeably thereto. 14. And be it further Enacted, That all Goods and. •^':*J*>J'°7't<> _ '11 be Qispdsed of. Effects SO seized and forfeited as aforesaid, shall be disposed of at publick Sale, and after deducting the Costs, in every Instance to be taxed by the Justice, the Kesidue shall be divided among the Persons so seizing the same, in Proportion to their Pay, if on Military Duty, and if not, then to each an equal Share. 37639°— 18 37 578 BEVOLTJTIONAEY LEGISLATION. ar?tTbe^liTrfded ^^- ^^D BE IT FURTHER EnACTED, That all Goods, ^^''^i*^!*^^^. Wares and Merchandize, with Boats, Teams, Carriages f^g'^^P™^°^™8and Horses, conveying the same, that may be seized by Virtue of this Act, coming into or discovered within this State, brought from within the Enemy's Lines, which upon Trial for Condemnation thereof shall appear to have been seized without apprehending and securing the Person or Persons in whose Possession the same were found, where it shall not be proved to the Satisfac- tion of the Jury that such Goods, Wares or Merchandize, or other Effects were actually at the Time of the Seizure the Property of some Person or Persons other than the Captors, and no Collusion had between the Owners and Captors thereof, such Goods, Wares or Merchandize, or other Effects, upon Condemnation thereof, shall be and hereby are declared to be forfeited, two Thirds thereof to the Use of the State, and the other Third thereof to the Captor or Captors, and shall be so adjudged by the Justice and Jury, and shall thereupon be delivered to the Collector of such Township or Precinct, and by him be sold at publick Sale as aforesaid, and the Monies arising from such Sale the said Township or Precinct Collector shall, after deducting reasonable Costs, to be taxed by the said Justice, pay two Thirds thereof to the Collectoj of the County, to be by him paid to the Treas- urer, and the other Third to the Captor or Captors. proo?oi?ttio Dfr 16. And be it further Enacted hy the Authority endant. aforesaid, That in every Case where any Goods, Wares or Merchandize, or other Article shall be seized by Virtue of this Act, coming from within the Enemy's Lines into this State, or being within the Borders of the State adjoining the Enemy's Lines, and passing from thence into or through the State, and prosecuted for Condemna- tion, the Burden of the Proof on the Trial shalj be upon the Defendant, any law. Usage or Custom to the Con- trary notwithstanding. Trial may be 17. AnD BE IT FURTHER EnAOTED, That whcu any Person shall be apprehended with Goods, Wares or Mer- chandize, supposed to be contraband, and the said Goods, Wares, or Merchandize, shall be seized by Virtue of this Act, and conveyed by the Captor or Captors before some Justice of the Peace, for the Purpose of Trial, it shall and may be lawful for the Justice of the Peace before whom such Goods, Wares or Merchandize may be brought for Trial fts aforeso^id, on Bequest of the Pefei;4«wt w the Oftvse LAWS OF NEW JERSEY, 1780. 579 to such Justice of the Peace made on his or her appearing before the said Justice, to adjourn the Trial for twenty Days, unless the Defendant shall agree to a shorter Time, to the Intent that such Defendant may have Time to procure such Witnesses in the Cause as may enable him or her (if an honest Trader) to proceed with Safety to the Trial of the Goods : Peovided always, That when Proviso- any Defendant as aforesaid shall reqiiest an Adjournment of the Trial, such Defendant shall enter into Recogni- zance to the State, with sufficient Surety before the Justice of the Peace with whom such Goods, Wares or Merchandize so seized shall be deposited, in any Sum which the said Justice in his Discretion may think reasonable, condi- tioned that the Defendant appear before the said Justice of the Peace on the certain Day therein set forth, to which the Trial of the Goods may be adjourned as aforesaid, and- then before the said Justice put in a Plea to the Suit, and prosecute the Same to Effect; and in case of Default made by such Recognizor, the Justice of the Peace shall record the same, and acquaint the Attorney-General of the said Recognizance and Default within sixty Days thereafter. And any Person having seized Goods, Wares Penalty on r^ •^ ^ ' ceiving a Keward or Merchandize in Virtue of this Act, who shall ask or'" releasing ' Goods, &c. receive, or ofifer to receive any Sum, Fee or Reward from the Owner or Possessor of the Goods seized, and therefor shall release or discharge said Goods, or the Possessor or Owner of them, or shall ofifer to release or discharge either the Goods or the Owner or Possessor, and thereof shall be duly convicted on Indictment, shall forfeit and pay any Sum not exceeding Five Hwndred Pounds, and shall moreover be liable to an Action of Debt at the Suit of the Person aggrieved, for the Recovery of the Money paid as aforesaid, with Costs. 18. And be it fukthee Enacted, That if any Person. Penalty for seii- /~i ™^ without Li- or Persons inhabiting any of the Counties m this State ^^ "oar the adjoining the Enemy's Lines, shall, after the next Term of the Court of Quarter Sessions to be held in said Counties after the passing of this Act, offer for Sale either by Wholesale or Retail any Goods, Wares or Merchan- dize, other than the Produce or Manufacture of this State or of the neighbouring States, without first obtaining a License for that Purpose from the Justices of the Court of Quarter Sessions held in and for the County where such Goods, Wares and Merchandize are proposed to be sold, the said Person or Persons so offending shaU forfeit 580 BEVOLUTIONAKY LEGISLATION. di^dld.'"™'*"'^ and pay for every such Offence the Sum of Six Pounds lawful Money of this State, with Costs of Suit, to any Person who shall sue for the same, one Half of which Fine shall be to and for the Use of the Person so prose- cuting and the other Half to and for the Use of the Poor of the Township where such Offence may be committed, and be subject to Seizure as herein after directed; and each and every Person proposing to open a Shop or Store hereafter in the respective Counties on the said Lines, are directed to apply to the Justices of the Court as aforesaid, at the next ensuing Session after the passing of this Act, for a License for that Purpose; and the said -lons^to^St^Li^ ''^^^*^''^^ ^^^ hereby authorized, when to them it shall censes. appear proper and necessary, to grant such License to any Person applying for the same, who may or shall produce a Petition to the said Court, signed by at least fifteen reputable and well-afCected Freeholders in the same County, certifying the AppUcant to be of good Repute, and also well-affected to the Government of this State; for which said License it shall and may be lawful for the Justices of the said Court by whom the same may be granted, to demand and receive the Sum of Six SMUiTigs, and no more: Provided always, That at any Time on Complaint made to the said Court, by the well-affected Inhabitants Mving in the Vicinity of Fe»- such Ucensed Shopkeeper or Trader, it shall and may be lawful for said Court to deprive such Person of ■ his License, if to them it appears proper. Goods offered 19. And BE IT FURTHER Enacted, That if anv Person for Sale without ' •' Liranse, subject or Persons, Inhabitants of the Counties aforeasid, or to Seizure. , .' . , residing within the same, shall attempt to sell either publickly or in a private Way, any Goods, Wares or Merchandize, other than herein before-mentioned, with- out having obtained a License as aforesaid, then and in such Case, the Goods so offered for Sale shall be subjected to Seizure, and the Proof shall rest upon the Defendant, in the same Manner as is herein before directed in Cases of Seizure; -any Law, Usage or Custom to the Contrary in anywise notwithstanding. Passed at Trenton, December 22, 1780. LAWS OF NEW JEESEY, l'78l. 581 [Printed from ''Acts of the Council and General Assembly of the State of New Jersey from the establishment of the present government, and Declaration of Independence, to the end of the first sitting of the Sth session, on the 24th day of December. 1783; with the constitution prefixed." To which is annexed an appendix, containing the articles of Confederation of the United States, etc., with two alphabetical tables and an index, compiled under the appointment of the Legislature by Peter Wilson, A. U. printed by Isaac Collins, Printer to the State of New Jersey.) SESSION BEGINNING MAT 15, 1781. [p. 195.] CHAP. CCLVII. An ACT to repeal sundry Acts restricting the Trade and Commerce of this State. Passed June 8, 1781. WHEREAS the present Interest of the State requires Pre^mbto. that all Restrictions on Trade and Commerce should be taken off, except with the Enemies of this and the United States; Therefore, Be it Enacted by the Council and General J.ssemftZyciauM*"**''^ of this State, and it is hereby Enacted by the Authority of the same, That the Act, intitled, t-^n Act to resroAn the Exportation of Pitch, Tar and Turpentine, and other Naval Stores from the State of New-Jersey, passed the twentieth Day of September, One Thousand Seven Hun- dred and Seventy-seven, and the Act, intitled, §An Act to prevent engrossing, forestalling and enhancing the Prices of Produce, Manufacture and Merchandize within this State, passed the fifteenth Day of December, One Thousand Seven Hundred and Seventy-nine, together with the second, third, fourth, fifth, and seventh Sec- tions of an Act, intitled, *An Act for the more speedy and effectual Procurement of Supplies for the Army of the United States, passed the fourth Day of December, One Thousand Seven Hundred and Eighty, shall be, and the same are hereby respectively repealed. SESSION BEGINNING SEPTEMBER 19, 1781. CHAP. CCLXXXII. An ACT to repeal the several Acts made and provided/or the Clothing of the Quota of Troops belonging to this State, in the Service of the United States, and for other Purposes therein mentioned. Passed Oct. 5, 1781. WHEREAS the United States in Congress assembled P"ambite. States of America by certain resolutions bearing date the twenty second day of November in the year of our Lord one thousand seven hundred and seventy seven, did among other things therein mentioned recommend to the legislatures of the respective states of New- Hampshire, Massachussets-Bay, Rhode-Island and Provi- dence Plantations Connecticut, New-Yorlc, New-Jersey, Pennsylvania and Delaware respectively to appoint com- missioners to convene at New-Haven in Connecticut on the fifteenth day of January then next in order to regu- late and ascertain the price of labor manufactures, internal produce and commodities imported from foreign parts, military stores excepted, and also to regulate the charges of innholders and that on the report of the commissioners each of the legislatures should enact suitable laws, as well for enforcing the observance of such of the regula- 596 BEVOLTJTIONAET LEGISLATION. tions as they should ratify and enabling such inrLolders to obtain the necessary supplies, as to authorize the purchasing commissaries of the army or any other person whom the legislatures may think proper, to take from any engrossers, forestallers or any other person, pos- sessed of a larger quantity of any such commodities or provisions than shall be competent for the private annual consumption of their families, and who shall refuse to sell the surplus at the prices to be ascertained as aforesaid, paying only such price for the same. And Whereas in pursuance of the said resolutions, commissioners in behalf of the several States of New- HampsMre, Massachusetts-Bay, Rhode-Island and Provi- dence-Plantations, Connecticut, New-YorTc, New-Jersey and Pennsylvania did convene at New-Haven in Con- necticut and after sundry adjournments did on the thirtieth day of the said month of January, resolve and agree as follows, to wit. Wages 0.' farm- First, That the various kinds of labor of fanners, crs, etc. ' ' mechanics and others be set and aiExed, at rates not exceeding seventy-five per centum advance from what the prices of their respective labor were in the same places, in the several States aforesaid, through the various seasons of the year of our Lord one thousand seven hundred and seventy-four. Ibid, teamsters. Secondly, That the price of teaming and all land transportation should not exceed the rate of five twelfths of a continental dollar for the carriage of twenty himdred neat weight per mile including all expences attending the same. Prices oi Amer- Thirdly, That all kinds of American mantifactures, and tures. internal produce not particularly mentioned and regulated by the said convention be estimated at rates not exceed- ing seventy-five per centum advance from the prices they were usually sold at in the several parts of the respective States aforesaid in the year one thousand seven hundred and seventy-four. ^Hemp, flax, Fourthly, That the price of hemp, flax, sheep's wool, aU kinds of linnen and woolen clothes hosiery of all kinds, felt hats, wire and wool cards manufactured in America shall not exceed the rate of centiun per centum advance from the price they severally were at in the several parts of the States aforesaid in the year of om Lord one thousand seven hundred and seventy four. LAWS OF NEW YORK, 1'778. 597 Fifthly, That the prices of all kinds of European goods ^^^ 'J? p * * ° wares and merchandizes imported from foreign parts or brought into the respective States by capture or other- wise shall not exceed the rate of one continental dollar for each shilling sterling of prime cost of the same re- spectively in Europe, exclusive of all other charges when sold by the importer or captor, excepting only the following articles, viz. All kinds of woolen and linnen goods and checks suitable for the army, drugs and medicines, duck of aU kinds, cordage, tin plates, copperas, files, alum, brimstone, felt hats, nails, window- glass, salt, steel, wire, wool cards, cotten cards, and naval and military stores. Sixthly, That all woolen clothes, blankets, linnen, ^^J^ooien clothes, shoes, stockings, hats and other articles of cloathing suitable for the army theretofore imported, which are or shall be seized and taken by lawful authority of the respective States, for the use of the army shall be esti- mated at the above rates with the addition of the stated allowance for land carriage, if any there be, to the place where taken. Seventhly, That the price of the following articles at^^"™ sugar, the first port of delivery or place of manufacture within the respective States shall not exceed the rates to them aflBxed respectively viz. Good West-Iridia rum three dollars per gallon by wholesale, good merchantable New- England rum two dollars per gallon, by wholesale, best Muscovado sugar, thirty three doUars and one third of a dollar per hundred, gross weight and all other sugars in usual proportion according to quaUty; best molasses one dollar and an half per gallon, by wholesale; coffee three fourths of a dollar per pound by the hundred weight; good merchantable geneva two dollars per gal- lon. Good merchantable brandy two dollars per gallon. Good merchantable whisky, one dollar and one sixth of a dollar per gallon. AU other distUled spirits, not therein enumerated, not to exceed two dollars per gallon. Eighthly. That no trader, retailer or vendor of foreign to twrty-fl^ 'er goods wares or merchandizes shall be allowed more than **°' adyanoe. at the rate of twenty-five per cent, advance upon the price such goods wares and merchandizes are or shall be sold for by the importer or captor agreeable to the regu- lations therein prescribed and fixed with the addition only of the cost and charge of transportation by land at the rate of five twelfths of a dollar per mile for transport- 598 BEVOLUTIONAEY LEGISLATION. ing twenty hundred neat weight from the first port of delivery to the place where the same shall be sold and deUvered by retaij. fifty Mr 'cent ad° Ninthly. That innholders be not allowed more than vanee. fifty per centum advance on the wholesale prices of all liquors or other foreign articles therein stated and by them sold in small quantities allowing as aforesaid for charges of transportation, and for aU other articles of entertainment refreshment and forage not exceeding seventy five per centum advance on the prices which the same were sold at in the same places in the year one thou- sand seven hundred and seventy four. arMdes not'to be Tenthly. That the following enumerated articles shall price tSan hereto ^°* ^® ^°^*^ ^* higher prices within the respective States nied. than are set down and afiixed to such articles respectively with the addition only for the stated allowance for land carriage if any there shall be; the said sums being esti- mated at six shiUings lawful money per dollar. And whereas the said sums, as far as they respect this State, converted into lawful money of New- York are as follows; that is to say. Wheat, pease, Qood merchantable wheat, pease and white beans, beans, nour, f r j pork, etc. thirteen shillings per bushel. Good merchantable wheat flour one pound sixteen shiUings per hundred gross weight. Good merchantable rye or rye meal eight shiUings and eight pence per bushel. Good merchantable Indian corn or Indian meal six shiUings per bushel. Pork, weU fatted, and weighing from one hundred to one hundred and fifty pounds per hog, seven pence one farthing per pound. Pork, weU fatted and weighing from one hun- dred and fifty to two hundred pounds per hog, eight pence per pound. Pork, weU fatted and weighing more than two hundred pounds per hog, eight pence three farth- ings per pound. American cheese of the best quaUty one shiUing per pound. Merchantable oats, four shillings per bushel. Best grass fed beef with hide and taUow two pounds six shillings and eight pence for every hun- dred pounds weight and so in proportion for that of infe- rior quaUty. Best stall fed beef with the hide and taUow three pounds four shiUings for every hundred pounds weight and so in proportion for that of inferior quality. Good butter by the firkin or cask one shUling and eight pence per pound and by the single pound or smaU quan- tity one shiUing and nine pence half penny. Raw hides six pence per pound and other skins in the proportion of LAWS OF NEW YOBK, VllB. 599 price they usually bore to raw hides. Good well tanned soal leather two shillings and eight pence per pound; and all kinds of curried leather in the proportions of price they usually bore to w6ll tanned soal leather. Common sort of mens shoes made of neat leather sixteen shillings per pair. Mens calf skin shoes of the best quality twenty shillings per pair; and womens and childrens shoes in due proportion. Bloomery iron at the place of manu- facture sixty four pounds per ton; and in that propor- tion for a lesser quantity. Refined iron at the place of manufacture seventy four pounds thirteen shiUings and four pence per ton, pig iron at the place of manufacture twenty four pounds per ton. Best manufactured Ameri- can steel fit for edged tools two shiUings and eight pence per pound; and common American manufactured steel one shiUing and nine pence half penny per pound. Be it therefore enacted iy the People oj the State oj '^&^- .^^ ^°^-^-^^ York represented in Senate and Assembly, and it is hereby f^^f^^^^^'^^'^ enacted by the authority oj the same That no person or persons whatsoever shall ask demand, have receive take offer give pay or allow, either in money or in barter or exchange either directly or indirectly for any of the articles of labor or mechanical work, provisions, produce, manufactures, goods, commodities, wares or merchan- dizes, salt excepted and also except as is above excepted, or for refreshments or other supphes for man horse or cattle at any inn or inns within this State, the respective rates and prices whereof have been severally fixed and ascertained as aforesaid, any greater sum or sums, rate or rates, price or prices for the same respectively than those at which the same have been severally and respectively fixed and ascertained as aforesaid. Provided always that Proviso as to nothing herein contained shall extend to hinder or pre- neighbors. vent bartering or exchanging between neighbours accord- ing to the several usages and customs in this State in the year one thousand seven hundred and seventy four for their own and famihes' use and consumption only. And he it enacted by the authority aforesaid. That no Persons having f "^ . , surplus must not person or persons having any greater quantity or number refuse to seii. of the above mentioned enumerated or non enumerated articles, except as above excepted, than shall be sufficient for the necessary use and consumption of himself or them- selves or his or their family or famihes respectively, being demanded to sell, shall refuse to sell the surplus thereof respectively or any part thereof, and in case of such 600 EEVOLUTIONAKY LEGISLATION. refusal any one of the judges of the county court of com- mon pleas, or a justice of the peace of the county, shall at the request of the party to whom such refusal shall be made determine whether the cause of such refusal shall have been sufficient to justify such refusal consist- ently with the true intent and meaning of this law. And iatog^*&s" sec- ^ ^^y person Or persons whatsoever shall wittingly or t"™- knowingly offend in any matter or thing whatsoever against the tenor or true intent and meaning of this law he she or they so offending shall be subject to prosecu- tion by information or indictment for the offence and moreover shall forfeit and pay for every offence treble the value or price as above rated and ascertained of every article which he she or they shall so sell barter or exchange or refuse to sell, or for which he she or they shall offer give pay or aUow or ask or demand any greater price than is above ascertained, to be recovered with costs of suit, in a summary way before a justice of the peace of the county where the offence shall have been committed if such treble value shall not exceed five pounds, and if it shall be greater than five pounds, in any court of record within this State having cognizance thereof, by any person who shall sue and prosecute for the same to his own use, in an action of debt by bill plaint or information; in which suit in a court of record the defendant shall be held to bail, as in actions of debt on specialty and have no essoin, protection or wager of law nor more than one imparlance. And if the plaintif in any such suit or suits as aforesaid shall become non suit or discontinue or withdraw his suit or if judgment therein shall be rendered for the defendant that then and in every such case the defendant shall have execution for his costs to be taxed. Provided always That, no such determination as aforesaid by any judge or justice shall be given in evidence or any such information or indict- ment or in any such popular action as aforesaid, to c^^oj re- ^^ le it further enacted ly the authority aforesaid That commissary, etc., Jq p^se any person or persons whatsoever shall refuse to to " ttcesof°ea«e ^^^ *° ^^^ person or persons appointed to the commis- and warrants is- g^ry or quarter mastsrs department of the army of the United States of America or of any other forces imployed by the said United States or either of them, for the use of such forces only, any of the articles herein before rated, that in such case it shall and may be lawful to and for such commissary or quarter master to apply to LAWS OP KEW YORK, 1778. 601 two of the nearest justices of the peace who are hereby authorized and required immediately to inquire into the cause of such refusal and to issue their warrant under their hands and seals without delay authorizing such commissary or quarter master to take from such person or persons so refusing such articles the prices whereof are hereby respectively rated, as the said person or per- sons so refusing shall in their judgment be able reasonably to spare to such commissary or quarter master, he paying therefor at the price or prices hereinbefore regulated; provided always That no person shall be deemed or esteemed as belonging to the commissary's or quarter master's department for the purposes above mentioned vmless regularly appointed thereto and such appoint- ment be approved by the person administring the gov- ernment by writing under his hand. And he it further enacted by the authority aforesaid That ti^^J^ga*"^ |°°: this law, unless sooner repealed by the legislature of™^™^- this State, shall be and continue in full force and effect during the present war between the United States of America and Great-Britain and no longer. Provided always That this law shall not take effect in the county tato^feot*^ *° of Dutchess until six days after the passing thereof, nor in the counties of Ulster and Orange or either of them until ten days after the passing thereof, nor in the county of Albany until twelve days after the passing thereof nor in the county of Tryon until sixteen days after the passing thereof, nor in the county of Charlotte until twenty days after the passing thereof, nor in the counties of Cumberland and Gloucester or either of them until twenty-five days after the passing thereof, nor in the county of Westchester until eight days after the passing thereof. [1778, p. 83] CHAP. 42. AN ACT for suspending an act- to regulate the wages of mechanicks and labourers, the prices of goods and commodities and the charges of innholders within this State, and for other purposes therein men- tioned. Passed the 29th of June, 1778. Whereas the honorable the congress of the United ^reamWa States of America did by resolution passed the fourth day of June in this present year, reciting that by a change 602 eevolutionaby legislation. of circumstances in the commerce of these States the regulation of prices by them lately recommended might be unnecessary, and the measure not being yet adopted by all the States, did recommend to the legislatures of the several States that had adopted it, to suspend or repeal their laws for that purpose. In compliance therefore with the said recommendation. Act to regulate Be it enocted by the People of the State of New-York wages, etc., sus- . "^ r j j pended. represented in Senate and Assembly and it is hereby enacted by the authority of the same That a certain act of the legislature of this State entitled "An Act to regulate the wages of mechanicks and labourers, the -prices of goods and commodities, and the charges of innholders within this State, and for other purposes therein mentioned shall be and the same is hereby suspended until twenty days after the first meeting of the legislature of this State after the first Monday in July next. Fieamble. [1778, p. 85] CHAP. 45. AN ACT for supplying the families of the persons belonging to the five Battalions of continental troops raised under the direction of this State and who have engaged in the same for three years or during the war with the necessaries of life at moderate prices. Passed the 30th of June, 1778. Whereas the increase of the prices of all kinds of provisions renders it difficult for the persons belonging to the said battalions to maintain their families on the present establishment of their pay. And whereas those who have been detached from the militia of this State to fill up the said battalions have received large bounties, whereby they have been enabled to make comfortable provision for their families during their short services; and justice and sound policy requires that some adequate supply be furnished to the families of those who have engaged or shall engage in the public service in the said five continental battalions for three years or diiring the war. ^Ne^aries ^f Sc it therefore enacted by the People of the State of New- perams'tasenriM York represented in Senate and Assembly and it is hereby at prices named, g^acted by the authority of the same, That the justices of the peace or the major part of them within every city borough town, precinct district and manor respectively LAWS OP NEW YOBK, 1778. 603 within this State be and they are hereby authorized and required to supply the families of those persons who are or shall be engaged in the said five battalions respectively for three years or during the war with such quantities of the necessaries of life herein after mentioned and at the prices herein after specified, as the said justices of the peace shall judge sufficient for their support respectively, that is to say, wheat at seven shillings per bushel, fresh beef at three pence per pound, fresh pork at four pence per pound, salt beef at four pence per pound, salt pork at six pence per pound, and smaller meats in the like proportion of price; the said justices of the peace receiv- ing pay for such supplies at the afore3aid rates at the respective times of delivery of the same, and taking receipts for the said supplies; and that the said justices of the peace shall transmit their accounts respectively tra^^ftte^ ^ on oath with the said receipts to the auditor-general to auditor-general. be audited by him; and upon such audit the treasurer of this State is hereby authorized and required to pay the same; deducting thereout the amount of the several supplies specified in such accounts at the several rates at which they are herein above respectively rated. PASSED AT SECOND SESSION, BEGINNING OCTOBER 1, X778, [1778, p. 90] CHAP. 2. AN ACT to repeal an act entitled "An act to regulate the wages of mechanicks and labourers, the prices of goods and commodities, and the charges of inholders within this State; and for other pur- poses therein mentioned." Passed the 28th of October, 1778. Inasmuch as the act entitled "An act to regulate the Preamble, wages of mechanicks and labourers, the prices of goods and commodities and the charges of innholders within this State; and for other purposes therein mentioned," passed on the third day of April last, has not answered the salutary purposes for which it was intended by reason of the neglect or refusal of some of the other United States to pass similar laws. Be it therefore enacted iy the People of the State of -^e'W w4S,*°*ter'rS Yoric represented in Senate and Assembly and it is AereJy p^***^- enacted hy the authority oj the same, That the said act, enti- tled "An act to regulate the wages of mechanicks and 604 REVOLUTIONAEY LEGISLATION. labourers, the prices of goods and commodities and the charges of innholders within this State, and for other purposes therein mentioned;" and every clause, article and thing therein contained, shall be, and is hereby- repealed and made void, to all intents, constructions and purposes whatever. [1778, p. 91] CHAP. 4. AN ACT for procuring a further supply of cloathing for the five Con- tinental battalions raised under the direction of this State. Passed the 30th of October, 1778. Preamble. Whereas the act for procuring a supply of shoes arid stockings, for the use of the troops raised under the direction of this State, hath not in certain places been carried into execution Supervisors to Be it therefore enacted hv the People of the State of New . cause towns to t-cytxi -i tarnish quotas of Yorlc, represented m Senate and Assembly, and it is hereby enacted by the authority of the same, That the supervisors of those counties, which have not already furnished their quota's, of shoes and stockings, agreable to the said act shall, as soon as conveniently may be, after the pass- ing of this act, cause the several towns precincts and dis- tricts within their respective counties, which have not already furnished the same to furnish their quota's of shoes and stockings agreeable to the said act, and the clerks of the several counties shall with aU convenient speed by circular letters call a meeting of the supervisors for that purpose. Peter T. Cut- j[^p^ Jg it further enacted by the authority aforesaid, temus to pur- -^ ^ a j t chase clothing. That Peter T. Curtenius Esquire, commissary of cloath- ing for this State, shall be and he is hereby authorized with the monies herein after directed to be paid to bim for that purpose, to purchase and cause to be made, such further quantities of cloathing and accoutrements, as he shall deem necessary, suitable and proper, not only for the privates, but also for the officers, of the said troops That the said Peter T. Curtenius, shall be, and he is hereby authorized to purchase either for cash, or upon the credit of this State, from the commissary general of hides in the American army, such numbes of raw hides as he shall from time to time deem proper, and the same to cause to be tanned and curried, or exchanged LAWS OP NEW YOBK^ W'TS. 605 for leather in such manner as he shall conceive most beneficial for this State, and best calculated to answer the purpose of providing the said troops with shoes and accoutrements, That the said Peter T. Curtenius, Esquire shall be, and he is hereby authorized to deliver leather to the respective commanding officers of the said bat- talions or their respective orders, in such quantities as he shall think proper, for the purpose of mending the shoes of the said troops And he it further enacted by the authority aforesaid, m^J"^*^ state That the treasurer of this State, shall be, and he is '"Usurer. hereby authorized and required out of the monies, which shall be in the treasury, to pay to the said Peter T. Curtenius, a sum not exceeding ten thousand pounds, to be applied and expended by him in purchasing and procuring cloathing and accoutrements for the said troops And he it further enacted hy the authority aforesaid, ^^^^^^^'^^^^^ That the said Peter T. Curtenius shall be and he is '^^fer, etc. hereby authorized and required to demand and receive from the persons who shall severally be possessed of the same any hides, leather or other materials proper for cloathing or accoutrements belonging to this State. [1778, p. 92] CHAP. 5. AN ACT more effectually to provide supplies of flour, meal and wheaf for the army. Passed the 31st of October, 1778. Whereas on suggestion of congress, and other due Preamble. information it appears that by the wicked arts of specu- lators, forestallers and engrossers, in this and others of the United States, it is rendered difiicult to obtain timely and sufficient supplies for the operations of the army and navy unless the most vigorous measures are without delay adopted to restrain practices so destruc- tive to the publick weal. Therefore Be it enacted hy the People of the State of New York, ^SriuSL °d represented in Senate and Assembly and it is hereby enacted ^^\^^^l^''^l hy the authority of the same. That all flour, meal or wheat |J^«y* ">' "= "^ purchased or which may be purchased with intent to be sold again, or to be exchanged or bartered for any, goods, wares or merchandize or to be exported out of this State, COG KEVOLUTIONABY LEGISLATION. shall be subject to be seized and taken by the commis- sary general of purchases for the American army, or any of his deputies or agents, to and for the use of the said army, the person seizing and taking the same paying for such flour meal and wheat, at and after the rate following to wit. For wheat at the rate of five dollars per bushel, for flour at the rate of fifteen dollars per hundred weight and a proportional price for meal. And to the end that such seizures may be conducted with the greater order and to prevent abuses in the same deputi^'nofto "^^ it fwrth&r enacted by the authority aforesaid, That no "^^*dui7°a'p''-P®^°'^ either as deputy or agent to the said commissary pctoted in writ- gg^gj-al, shall be authorized to seize or take any such flour, meal or wheat unless he shall be properly appointed by writing under the hand of the said commissary general or under the hand of the commander in chief of the said army, for the time being, or under the hand of a com- mandant of a department being a general ofiicer, or undef the hand of a deputy commissary general of purchases, in a department, and which said appointment shall be confirmed by the person administring the government mfd^^by^imticlof this State for the time being— That where any deputy seizm'e^author^ or agent SO appointed as aforesaid, shall suspect that '*®^ any flour, meal or wheat purchased with such intent as aforesaid is in the possession of any person or persons, he shall thereupon apply to a justice of the peace of the county where such flour, meal or wheat shall be, who is hereby upon such application authorized and required, forthwith to make enquiry respecting the same, by examining any witness or witnesses on oath touching the said flour, meal or wheat, whether the same was purchased and if purchased, whether it was purchased with such intent as aforesaid, and if upon such enquiry and examination it shall either from the quantity pur- chased by any individual or from other circumstances in evidence appear probable to the said justice, that the said flour, meal or wheat was purchased with such intent as aforesaid, he shall thereupon by writing under his hand authorise the said deputy or agent, to seize the said flour meal or wheat, specifying the quantity, as near as can be discovered, for the use aforesaid. The said deputy or agent paying for the same at the rate aforesaid, but if on such enquiry as aforesaid such intent as aforesaid shall remain doubtful and if any person, or persons in whose possession such flour, meal or wheat shall be, LAWS OP NEW YOBK, 1118. 607 shall not upon being summoned to appear, before the said justice to be examined on oath as aforesaid, appear upon such summons, and due proof made of the service of such summons, by leaving a copy thereof at the usual place of his, her or their abode, and no sufficient excuse appearing to the said justice for such non appear- ance or appearing shall refuse to answer to interrogatories upon oath aforesaid, or on such oath, shall not declare himself agnorant of the intent, for which the said flour, meal or wheat was purchased, or shall declare, that the same was purchased with such intent as aforesaid, the said justice, shall in either of the cases above mentioned adjudge the said flour, meal or wheat to be purchased with such intent as aforesaid, and the same shall be sub- ject to be seized in like manner, as it would have been, had the person, in whose possession the same shall be, appeared before the said justice, and confessed that the same was purchased, with such intent as aforesaid. hew"^^t to to* -^™^ whereas many farmers within this State, with jury of common yarious intentions iniurous to the common cause of causB. J America, have with held their wheat of the crops of the last and preceding years To the end therefore that such farmers, may be compelled to part with such wheat for the use of the army, owrn'may"™? ^^ ^^ further enacted by the authority aforesaid That seized. where any person or persons shall be possessed of any wheat of their own raising, either threshed or in straw of the crop, of the year, one thousand seven hundred and seventy seven, or any preceeding year, such wheat shall be, and is hereby made subject to seizure by virtue of this act, in like manner as wheat purchased with such intent as aforesaid, and the same powers and authorities are hereby granted to the commissary general, his deputy or agent, with respect to such wheat, and the same proceedings, shall be had respecting the same, as in cases of wheat purchased with intent to be sold, bartered, exchanged or exported as aforesaid. Provided alway That in every such case, a sufficient quantity of wheat, shall be left for the necessary support of the family of every such farmer. ^^b^\et2^ed '^'^ ^^ "^^ further enacted by the authority aforesaid, pending enquiry. That if any persou shall attempt to remove any flour, meal or wheat, suspected to be purchased with such intent as aforesaid, the justice sha 1 upon such application as aforesaid, cause such floiu:, meal or wheat to be seized 608 EEVOLUTIONAEY LEGISLATION. and detained, until such enquiry as aforesaid, respecting the same can be made. And he it further enacted hy the authority O'foresaid, ^^^^^^^^^ That when any wheat hereby made subject to seizure *pp'^^*^' «'"• shall be unmerchantable, that the justice shall in such case, cause the same to be appraised by three freeholders upon oath, who shall have regard in such appraisement, to the price hereby fixed for good and merchantable wheat, and the person seizing such unmerchantable wheat, shaU pay for the same, only such price, as the same shall be appraised at,, by any two, of the three freeholders, any thing herein contained, notwithstanding, and where any wheat subject to seizure by vitrue of this act shall be in the straw, that the person seizing the same, shall be permitted to retain, out of the price hereby allowed for the same, the expence of threshing and cleaning the same, and may enter into the barn of the person possessing such wheat, and use the same together with the flails or other implements, for the purpose of threshing and cleaning such wheat. And le it further enacted by the authority aforesaid, to pl^mm *ufei That if any justice of the peace upon such application as ''*^'°' P^^^^ty- aforesaid shall refuse to perform the duties required of him by this act, he shall for every offence forfeit the sum of fifty pounds, to be recovered in an action of debt, with costs by any person, who will sue for the same, and every justice shall, for his services in making such Compensation. enquiry in each distinct case be entitled to demand and receive, from the person requiring such enquiry to be made, the sum of three dollars per day, for every day he shall be actually employed therein, and every constable serving a summons or subpoena in the execution of this act, shall be allowed and paid by the person requesting such service mileage at the rate of one shilling per mile, going and the Uke for returning. And. he it further enacted hy the authority aforesaid Thatpg^^g^^ *gtato all flour, meal or wheat which shall after the twentieth *^*^"'y- day of November next be piu-chased with intent to be sold again, bartered or exchanged as aforesaid, such intent to be enquired into and adjudged in manner as aforesaid, shall be taken and seized by virtue of such authority as aforesaid the person so taking and seizing the same, applying the same to the use of the army and paying to such justice, authorizing the seizure, for the same at and after the price above fixed, and the said justice is hereby LAWS OF NEW YORK, 1719. 609 required to pay the monies thence arising into the treasury of and for the use of this State. And he it further enacted hxi the cmihoritiJ aforesaid, commissary „i .■,1111 i-ij- 1 • 1 'general etc., may ihat it shall be lawful tor the commissary general and break into house, etc to S6IZ6 his deputies or agents, and every person who shall be wheat adjudged .J.- i" , 1 1 -ii 'latle to seizure aiding them therein, to break and enter any house, mill, barn, store or other place, where any flour, meal or wheat so adjudged liable to seizure, shall be deposited, in order to seize and take the same, and it shall in like manner be lawful, for any justice of the peace to break and enter into any place where any such flour, meal or wheat, subject to seizure by virtue of this act shall be suggested to be, in order to view or ascertain the quantity of the same [1779, p. 112.] CHAP. 18. AN ACT to prohibit the distilling of spiritous liquors from grain. Passed the 2d of March, 1779. I. Beit enacted hy the People oj the State oj New i^orfcbe"Sed"from represented in Senate and Assembly, and it is hereby^"^ enacted hy the authority oj the same, That no person or persons, within this State, do presume from and after the first day of April next to distill, or cause to be dis- tilled, within this State any spiritous liquors from crrain. II. ATid he it further enacted hy the authority aforesaid, ■^J^^^'"^'^'"^ That if any person, or persons, shall at any time after the said first day of April next, distill, or cause to be distilled, any spiritous liquors, from grain, contrary to the true intent and meaning of this act, the person so offending shall forfeit for each offence, the sum of two hundred pounds, to the people of this State, to be recov- ered by suit in the name of the treasurer of this State, and when recovered, paid into the treasury thereof, in which suit, the defendant shall be held to bail as in actions of debt on specialty, and the plaintiff, or plaintiffs, shall be entitled to costs. ill. Arid he itjurther enacted hy the authority (^foresaid, ^J^l^^o^P^^^^^ That all spiritous liquors, distilled within this State, from'*''j^g^g*''seizeure grain, after the time aforesaid, shall be liable to be seized and sold, and the monies arising therefrom, after deducting the expence of such seizure, and sale, hi paid into the hands of the overseers of the poor of the city, 37639—18 39 lue and sale. 610 KEVOLUTIONAKT LEGISLATION. town, manor, district or precinct, where such seizure shall be made, and for the use of the poor thereof. wSit°for 'S IV- A'"^ ^^ it further enacted hy the a/uthority aforesaid, That it shall be lawful for, and it is hereby expressly made the duty of each, and every justice of the peace, within the respective cities and counties, by warrant under their hands respectively, to be directed to any constable of the city, town, manor, district or precinct, where such spiritous hquors shall be found, to cause aU spiritous liquors, which by examining any witnesses on oath or afiirmation, shall appear to the said justices respectively to have been distilled from grain, within this State, after the time herein above Mmited, to be seized and sold, and the monies arising from the sale thereof, after deduct- ing such expences, as aforesaid, to be paid into the hands of the overseers of the poor for the use aforesaid. CHAP. 21. [1779, p. 114] AN ACT, for procuring an immediate supply of flour for the army. Passed the 5th of March, 1779. provisa Whereas notwithstanding the provisions in the act more effectually to provide supplies of flour, meal and wheat for the army, passed the thirty first day of October last, and the extraordinary powers thereby granted to the commissary general of purchases, his deputies and assist- ants for the purpose, competent supplies of flour have not been provided for the use of the army. appSSr°peS I- ^« ii enacted hy the People of the State of New Yorlc, f^'^^^^"^ represented in Senate and Assewhly, and it is hereby enacted iy the authority of the same, That it shall be lawful for the person administring the government of this State for the time being, by writing imder his hand, from time to time to appoint, such and so many deligent honest inhabitants of this State, to procure flour for the army, as he shall think proper, and from time to time to time, in his discretion to supersede such appointments, that duty orpersS^t^® ^^^^ persons so to be appointed, shall be vested with so appointed. ^y ^jjg powers and authorities granted by the said act to the commissary general of purchases, his deputies or assistants; that the said two persons so to be appointed, shall severally, from time to time, cause the flour, meal LAWS OF NEW YORK, HTO. 611 or wheat, which they shall procure by virtue of this or the before mentioned act, to be transported to such con- venient places as they shall think proper, and deliver such flour meal or wheat, and the bran of such of the said wheat as they shall cause to be manufactored into flour, to the said commissary general, or any of his deputies or agents, the said commissary general, his deputy or agent, to whom such flour, meal, wheat or bran, shall be delivered, paying for the same, all the the monies ad- vanced in procuring and transporting the same, and inci- dental charges relating thereto, (except the private ex- pences of the person who shall have procured such flour meal or wheat,) together with four shillings for every hundred weight of flour or meal, and two shillings for every bushel of wheat, in fuU satisfaction for aU his services. And whereas it may become necessary for the public safety, that besides the flour meal and wheat, subjected to seizure by the said act, for the use of the army, that other flour meal and wheat should be taken for the hke purpose. II. Be it therefore futher enacted ly the authority afore- g;4" *(„" 'JddJ said, That it shall be lawfull for the person administringj'°^' of^e^Set" the government of this State for the time being, by and^™"^' with the advice and consent of six members of the legislature, whenever he shall conceive the emergency to require it, to authorize the several persons, whom he shall so from time to time appoint, to seize aU or any part of the flour, meal and wheat in this State, for the use of the army, beyond what shall be necessary for the subsistance of the respective famiUes or the proprietors thereof, to be estimated at the rate of two bushels of wheat, or a proportional quantity of flour, for the sub- sistance of each person, of which such famiHes may respectively consist, for each month from the time of the making such seizure, until the first day of September next. That the said person administring the govern- ment of this State for the time being, by and with such advice and consent as aforesaid, be authorized to ascer- tain and determine the price, which shall be given for te^Mi" ^^ '^^ the flour, meal or wheat so to be taken as last aforesaid, to be estimated as near as may be at the average of the prices in the States of New Jersey and Connecticut, that it shaU in like manner be lawful for each person so 612 BEVOLUTIONAKY LEGISLATION. into*mms!'etc?*'^ ^^ ^® appointed as aforesaid, to break, enter and use, any house, mill, barn, store or other place, where such flour, meal or wheat, as last aforesaid, shall be deposited, and any flails, or other implements for the purpose of thresh- ing and cleaning such of the said wheat, as may be in the straw; and to deduct from the price of such wheat, the expence of threshing and cleaning the same. inad'e'"^om''per- HI- '^''^ ^^ ^ fuHher enacted by the authority afore- teke oafh.^™^ ^° said, That in case of such extraordinary emergency as aforesaid, if any person shall, when thereunto required by either of the said persons, so to be appointed, refuse to declare on oath or if of the people called Quakers on affirmation (and which oath or affirmation each of the said persons so to be appointed, is hereby authorized to administer) that he or she hath no flour, meal or grain whatsoever, other than the quantities by them shewn and disignated to the persons so to be appointed, and the number of persons of which the family of the said person doth consist, the person to whom such refusal shall be made, shall be and he is hereby authorized, in such case to seize and take from the person so refusing, such quantities of flour, meal or wheat, as he may in his discretion think proper. made"™quMiti- ^^ • -^^ ^^ it further enacted ly the authority aforesaid, ties seized, etc. That the Said persons, so to be appointed shall severally, at least once in every month, make returns to the person administring the government of this State for the time being, of the quantities of flour, meal or wheat, by them respectively seized or purchased, and the price paid for the same, upon such seizure or purchase, and of the quantities delivered to the said commissary general, or his deputies or assistants, specifying the names of the persons to whom the same were respectively delivered, at which the same were delivered, and of the place or places where such of the said flour, meal or wheat so procured, and which at the time of making such return shall' not be so delivered, is stored or deposited: And further, that the said persons, so to be appointed, shall be severally indemnifled against any losses, they may respectively sustain, by reason that any flour, meal or wheat, which they may procure for the use of the army, may fall into the hands of the enemy, or be lost by theft or casualty, before the same shall be delivered to the said commissary general, or one of his deputies or agents. LAWS OF NEW YORK, lITg. 613 V. And he it further enacted ly the authority aforesaid, ^^^°^l;gg^*^^. That all flour, meal and wheat, to be seized or pur-^^P*- chased by either of the said persons so to be appointed, shall be exempt from seizure, by the said commissary general, his deputies or agents. VI. And he it further enacted hy the authority aforesaid, ^^^^^^^^^^f^"^'. That the said persons so to be appointed, shall be"'"^"^- severally authorized to draw from the treasury of this State, each a sum not exceeding three thousand pounds, (and the treasurer is hereby required to pay the same accordingly) to be expended in procuring flour, meal and wheat, for the use of the army, and to be repaid into the treasury, with the monies they shall so respec- tively receive from the said commissary general, his deputies or agents. And whereas it is necessary that proper magazines of flour should be provided for the miUtia, or such other troops, as may be raised or called out by this State, for the defence of the frontiers. VII. Be it enacted hy the authority aforesaid, That it ^^^'^^'g®|^^;j™?y shall and may be lawful for the person administring the ^^°^^^°'^ ^ government of this State for the time being, to direct 5?"'°sw'"»^<>°- o ^ 07 ^ tmental troops. the several persons so to be appointed as aforesaid, instead of dehvering the whole of the flour, meal and wheat, to be by them respectively procured, to the commissary general, his deputies or agents, to convey and deposit, such quantity or quantities thereof, as he shah think necessary, in such place or places, as he may think proper, (in the whole not to exceed the quantity of eight thousand bushels of wheat, or a proportional quantity of flour,) for the use of the militia, or such other forces, as may be raised or called out by the authority of this State, for the defence thereof, and not serving with Continental troops. That the several persons ^^'^'^ paj^%i who shall be so directed to detain for such use any^^™"- flour, meal or wheat, which they may have respectively procured, shall be and are hereby severally authorized to draw from the treasury of this State, such sum or sums, as may be necessary, for the payment of the flour meal or wheat so detained together with the satisfaction for their services above allowed, and the incidental charges attending the same, and the treasurer is hereby required to pay the same, to the said persons respectively, upon their respectively producing their accounts thereof, to be audited by the auditor general 614 EEVOLUTIONABY LEGISLATION. jee^X'ordrt^^ *^^ ^t^*^! "^^^^ ^^^ ^^^^ ^^^^> ™®*^ ^^^ wheat, SO governor. ^q be detained, shall be subject to the order and direction of the said person administring the government of this State for the time being, and shall be appHed either to the use of the mihtia, or such other forces as may be raised or called out by the authority of this State, for the defence thereof, and not serving with Continental troops, or for the use of the army of the United States, as he shall think most expedient, any think herein con- mrart b^oomms- twined to the contrary notwithstanding. Provided that sary general. j^q p^^t of the Said flour, meal or wheat so detained, shall be dehvered for the use of the army of the United States, unless the commissary general, his deputy or agent, to whom the same shall be dehvered, shall pre- vious to the dehvery thereof, pay to the person dehvering the same such price, satisfaction for services, and inci- dental charges, as aforesaid, to be paid into the treasury of this State. inr^^esV'St VIII. And le it further enacted ly the authority afore- subjeot to seizure, g^ig^ dj^g ^ ^g Jierely provided, That nothing herein contained shall be construed to subject any wheat, of the ensuing harvest, to seizure for the use of the army, any thing herein contained to the contrary notwith- standing. TimeUmited. IX. And be it further enacted hy the authority afore- said, and it is hereby provided That no person shall be authorized to seize any flour, meal or wheat, by virtue of this act, after fourteen days after the next meeting of the legislature, and a quorum of both houses convened to proceed on business. Fieamble. Supervisors to procure shoes and stockings. [1779, p. 121.] CHAP. 27. AN ACT to procure a further supply of shoes apd stockings, for the troops raised under the direction of this State. Passed the 8th of March, 1779. Whereas it has again become necessary to levy and collect a number of shoes and stockings, from the inhabi- tants of this State, for the use of the five Continental battalions raised under the direction of the same. I. Beit enacted by the People of the State of New Yorl represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That the supervisors of each LAWS Of SffiW td&K, 1779. 616 respective county within this State, herein aftermen- , tioned, shall cause to be procured within their respective counties the number of good strong shoes made of neats leather, and of good strong woolen yarn stockings, annexed to each respective county, viz: The county of Westchester, one hundred pair of stockings, and one hundred pair of shoes, the county of Dutchess, seven^^^'^^" ij^'^ hundred pair of stockings, and six hundred pair of shoes, o°^i">^ named, the county of Orange, two hundred and fifty pair of stock- ings, and two hundred and forty pair of shoes, the county of Ulster, four hundred and thirty five pair of stockings, and three hundred and fifty three pair of shoes, the county of Albany, eight hundred and ninety pair of stockings, and seven hundred and twenty eight pair of shoes, the county of Tryon one hundred and fifty pair of stockings, and one hundred pair of shoes ; amounting in the whole to two thousand five himdred and twenty five pau- of stockings, and two thousand one hundred and twenty one pair of shoes, to be collected in the manner prescribed i^^ to bo o<* in and by an act for the like purpose passed the nineteenth day of March last, allowing to the respective inhabitants the sum of eight dollars for every pair of good leather shoes, and the sum of seven dollars for every pair of good woolen stockings; and in case of the neglect or refusal of any of the said inhabitants, to furnish, their quota, ^^^^/Jj*^ *" as assessed, as in and by the said act is prescribed; that every delinquent shall for every such offense forfeit the sum of five pounds for every pair of shoes, and the like sum of five pounds for every pair of stockings, to be recovered with costs of suit, and applied as directed in and by the said act. And that the several collectors, as Allowance to •^ . ' collectors. a compensation for their trouble, shall each be allowed and paid by the commissary of clothing, the sum of two shillings for each pair of shoes, and the sima of two shillings for each pair of stockings, they shall severally have col- lected, and delivered to him the said commissary. II. And be it further enacted hy the authority aforesaid, mS'^ad'^sMs That the supervisors in the respective coxmties, shall 4"»'»- meet for the purpose of assessing the quotas of shoes and stockings to be furnished by the several wards, towns, manors, districts or precincts, on such day and at such place, as shall be notified by the clerks of the several counties for the purpose, and it is hereby expressly made the duty of said clerks respectively by circular letters to notify such meeting as soon as conveniently may be, 616 REVOLXJTIOlirABY LEGISLATION. m^k"determin^ *^*®^ *^® passing of this act, That the assessors shall *'°"' within one week after the account of the quota of their ward, town, manor, district or precinct, shall be de- livered to one of them, meet and determine the number of pair of shoes, and stockings, which the inhabitants of such ward, town, manor, district or precinct, ought respectively to furnish, having at the same time regard to the persons who furnished shoes and stockings the last year, so as that upon the whole the inhabitants, as near lectori''"''"* ""''^^ ™^y ^® ^6^1" ^^ equal proportion according to their respective abilities and nominate and appoint the collec- tor or collectors, to collect the same, and it is hereby made the duty of each respective supervisor to convene the assessors for the purpose, and the collectors shall respec- tively collect the shoes and stockings, to be specified in the lists to be delivered to them within four months iBKiwMd!^' *"" after the delivery of such list, or in default thereof shall be subject to a penalty of five pounds for each pair of shoes, and the like penalty for each pair of stockings which the collectors shall respectively neglect or refuse to collect within the time above limited, And that the said penalties shall be recovered by the supervisor, of the ward, town, manor, district or precinct, where the offence shall arise, in his own name, before any justice of the peace of the county, and it is expressly made the duty of the said supervisor to prosecute for such penalty, and to pay the same when recovered, into the hands of the overseers of the poor, to be applied to the use of the poor, of the said ward, town, manor, district or precinct. [1779, p. 134.] CHAP. 32. AN ACT, to amend an act for regulating impresses of forage and car- riages and for billeting troops within this States. Passed the 12th of March, 1779. Preamble. Whereas no effectual provision is made in the said act in cases where persons shall suffer their teams or carriages to be out of repair with intent to prevent them from being impressed in the public service, lin^'ete' Itlm- ^^ ^* enacted by the People oj the State oj New York '"^ctive^wner f^P^^sented in Senate and Assembly and it is hereby enacted may be sued, etc. jyy ff^g authority oj the same, That where any of the car- riages to be impressed, the tackling and necessaries LAWS OF NEW YORK, I'lTO. 617 thereto shall be defective through the negligence or default of the owner it shall and may be lawful for the person upon whose apphcation the impress shall be made immediately to have the same repaired, in the best manner he can, and to sue such owner before any justice of the peace, within the town manor district or precinct wherein such owner shall reside, and if there shall be no justice of the peace in such town manor precinct or dis- trict then before the nearest justice of the peace for the amount of the expence thereof, and the said justice is hereby directed to give judgment for the said person for such sum as he shall prove to have expended to compleat the said carriage and team with costs of suit and a reason- able allowance to the said person for his trouble in pro- curing the same. And whereas it is often necessary for want of forage a-tfoj^^^^jo^^i^" the several posts, that the several persons whose teams p"^^*"****"^- may be impressed should provide forage for the horses or oxen to be used with their respective teams. Be it therejore enacted iy the avihority aforesaid, That ^^"^^^^^^p,^^ it shall be lawfid for the several justices of the peace in|^g*° provide the warrants for impressing teams to require the several persons whose teams shall by virtue of such warrants be impressed, to provide forage for the horses or oxen to be used with their respective teams, for the time such teams shall be impressed, upon the like penalty as is imposed for not appearing or attending with u team when so impressed, And the several persons so providing themselves with forage shall in consideration thereof be allowed additional pay and wages for their respective teams. Provided nevertheless that if any person so to be required to provide forage, shall make it appear to the said justice, that he or she hath not sufficient spare forage for the purpose, that it shall in such case be law- ful for the said justice in such case, in his discretion to remit the said penalty. And whereas in and by the said act the justices of the pj^? that fnmo peace are not authorized to grant a warrant for impresing^^^™^ numton teams unless proof shall be previously made, that the public service requires a greater number of teams, horses and carriages, with drivers for the same, than can be supplied by the quarter master of any part of the army within this State. Arid whereas the obtaining such proof is frequently attended with delay injurious to the public service. 618 REVOLTJTIONAEY LEGISLATION. difpemedmth!^ -Be it therefore enacted ly the authority aforesaid, That it shall be lawful for the justices of the peace respectively, to dispense with such proof and in their discretion to grant warrants for impressing teams, carriages, horses and drivers, whenever upon apphcation they shall re- spectively conceive the pubhc service to require the same, any thing ia the said act to the contrary notwith- standing, penalty inade- j^^ig whereas the fine of five pounds imposed by the said act, for not attending with a team when impressed hath been found inadequate. pornds!^^'"'"" ^^ ^* therefore enacted ly the authority ajoresaid, That the fine of five pounds imposed by the said act upon the respective owners of such teams, horses or carriages as being impressed shall not appear, or be brought to the place of rendezvous, shall be encreased to ten pounds; and the said fine of ten pounds shall be adjudged by the justice of the peace granting the warrant, by virtue of which such team, horses or carriages so not appearing Howreeovered. qj. jjq^ brought was impressed, and recovered with costs by the person upon whose apphcation such impress shall be made, ia his own name, and when recovered and levied the one half thereof to be retained by the said person prosecuting for the same, for his own use, and the other half be paid to the said justice to be by him paid into the treasury of the county. And whereas disputes have arisen with respect to the pay allowed for teams and carriages impressed in pubhc service, d e't^e i"m f n*e ^^ ^' therefore enacted hy the authority aforesaid, That the iw'tS^^eto*''' ^^^* judges of the counties of Albany, Ulster, Dutchess, Orange and Westchester, or any three of them shall every two months ascertain and determine the pay and wages to be allowed and paid for teams carriages, horses and drivers impressed within this State, and shall cause an assize or assessment of such pay and wages to be pub- lished in one or more of the pubhc news papers within this State, and to be dehvered to the deputy quarter master in the several departments within this State, And the said judges shall meet at Poughkeepsie, in the county of Dutchess on the first Tuesdays in April, June, August, October, December and February, for the pur- pose of ascertaining such pay and wages as aforesaid, exp'e'n'se^ of Provided that nothing herein contained shall be con- judges, strued to oblige the said judges to meet for the purpose LAWS OF NEW YOBK, 1719. 619 aforesaid, unless the quarter master or quarter masters within this State shall previously engage for the payment of the expence which the said judges may respectively be put to, in attending such meeting. And he it further enacted hy the authority aforesaid, Thatg„^?J^^J„j^^ this act shall continue in force until twenty days after the next meeting of the legislature and a quorum of both houses convened and no longer. PASSED AT THIRD SESSION BEGINNING AUGUST 9, 1779. [1779, p.'l45] CHAP. 1. AN ACT for procuring an immediate supply of flour and peas for the use of the army. Passed the 4th of September, 1779. Be it enacted ly the People of the State of New York^^^^^^^l^^' represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That the price of all flour meal or wheat to be hereafter taken and seized in pursuance of An act entitled, "An act more effectually to provide supplies of flour meal and wheat for the army," passed the thirty-first day of October last, shall be in- creased to sixteen doUars per bushel for wheat, sixteen pounds per hundred for flour, and in a like proportion j^^^^^"^"^^^' for meal. And the said act shall be and is hereby ex- tended to peas and that all peas which at any time before the first day of October next may have been pur- chased with intent to be sold again, bartered exchanged or exported, shall accordingly be in hke manner subject to seizure as flour meal and wheat is subjected to seizure by the several sections of the said act, except the eighth section; and that aU peas which shall after the first day of October next be purchased with such intent to be sold again, bartered, or exchanged shall be subject to seizure in like manner as flour meal and wheat is subject to seizure by the said eighth section of the said act; and the price of peas to be seized in pursuance of this act is hereby fixed at fifteen dollars per bushel. And be it further enacted by the authority a/oresai^*^°='™«'*<""'- That the act entitled "An act for procuring an imme- diate supply of flour for the army," passed the fifth day of March last, shall be, and is hereby continued until fourteen days after the next meeting of the legislature, 620 REVOLUTIONARY LEGISLATlOif. and extended to all the wheat of every crop preceding the last : and that the several persons appointed or to be appointed in pursuance thereof, shall by virtue of this act, and without any other or farther authority, take and seize all such wheat for the use of the army, paying for the same the price above mentioned and allowed. con"venl'Tlse*5° ^^ ^^ it further enacted hy the authority aforesaid, detem?nl'quan'"rhat the Several supervisors, shall forthwith after the tity ot wheat, etc. passing of this act, convene the assessors of the respective towns, manors, districts or precincts; that the assessors being so convened shall without delay assess and deter- mine the quantity of wheat and peas to be furnished by the several inhabitants for the present support of the army, to be computed as near as may be at an eighth of the wheat or peas supposed to be in their possession respectively beyond what may be deemed necessary for the use of their respective families untU the first day of September next : — That the assessors shall as soon as they shall have made such assessment deliver a copy thereof to the commissary general of purchases, or to one of his deputies, assistants or agents: — That the said commis- sary general, or one of his deputies, assistants or agents, shall thereupon notify the several inhabitants of the quantity of wheat or peas they shall be so respectively assessed to furnish, and of the place, not exceeding twelve miles from their respective habitations, where the same is to be delivered. That the said inhabitants shall respectively dehver one moiety of such quantity within eight days, and the other moiety thereof within twenty days after such notification, and shall upon the delivery be paid and allowed for the same, by the conunissary general, his deputies, assistants or agents, the price herein before mentioned, and the current price for transportar tion. Proceedings in j^j^g jg if further enacted hv the authority aforesaid, case person as- ' " -n t r sessed refuses to That II anv person bemg so assessed and notified as aiore- deliver wheat, -' ^ ° i i- i • e etc. said, shall neglect or refuse to dehver the quantity oi wheat or peas which he or she shall be assessed to fur- nish, in the manner and within the time above limited, it shall and may be lawful for a justice of the peace of the county, and he is hereby required upon the application of the said commissary general, or one of his deputies, as- sistants or agents, to enquire in a summary way, into such neglect or refusal, and if upon such enquiry it shall appear to him that such neglect or refusal was wilful, he shall in LAWS OP NEW YOEK, 1'7'79. 621 such case, issue his warrant, to any person or persons, who will voluntarily execute the same, and to be ap- proved of by the said justice, authorizing the said person or persons to take and seize of and from the persons so neglecting or refusing, the whole quantity of wheat or peas, which he or she shall have been assessed to furnish; and the said person or persons shall, by virtue of such warrant, be authorized to make such seizm-e, and to break and enter into the barn or other place where such wheat or peas may be deposited, and to use such bam or other place, together with the flails or other implements therein, for threshing and cleaning the wheat or peas so to be seized, and shall transport the said wheat or peas to the place where the same shall have been notified to be dehvered — That the said person or persons shall retain out of the monies which he or they shall receive for the said wheat or peas, the expence of threshing, cleaning and transporting the same — And also such further sum, as shall by the justice granting the warrant, be deemed an adequate compensation for the service and execution of the said warrant, not exceeding the rate of four shillings for each bushel of wheat or peas, seized by virtue of such warrant, and delivered at the place of dehvery; and the residue of the said monies shall be paid into the hands of the said justice, and by him paid over to the overseer of the poor, for the use of the poor of the town, manor, district or precinct where the offence shall arise. Provided nevertheless that such enquiry shall not be p J/^g^jj^^pj,^" had, unless the person charged with such neglect or^^°^|'y ="™- refusal, shall be previously summoned to answer to such charge, and due proof made of the service of such sum- mons. And provided further that such summons shall not be granted, unless due proof shall be previously made, that the person against whom such summons is required, was duly notified of the assessment. 622 KEVOLTJTIONAEY LEGISLATION. [1779, p. 148.] CHAP. 4. AN ACT to revive and amend an act entitled "An act to amend an act for regulating impreasea of forage and carriages and billeting troopa within thia State' ' and for other purpoaes therein mentioned. Passhd the lat of October, 1779. virel "*'°"* "■ -S^ ** enacted by the People of the State of New York represented in Senate and Assembly and it is hereby en- acted by the authority of the same, That the first above- mentioned act be and the same is hsreby revived and it shall continue in full force until the thirty days after the first day of the next meeting of a quorum of the legisla- ture, any thing in the said act to the contrary notwith- standing. to'^fweJt'^five ^^ ^^ it further enacted by the authority aforesaid That pounds. ^;iig gjjg (jf gyg pounds, mentioned in the fifth section of the second abovementioned act shall be and is hereby encreased to twenty five pounds; and also that the sev- eral and respective fines of five pounds mentioned in the fourteenth section of the same act shall each of them be and each of them is hereby encreased to twenty pounds, except the penalty thereby imposed on the constable, which shall be ten pounds. crSael"* *"" -^'^ ^^ it further enacted by the authority aforesaid That the sum of two shillings allowed as a reward to the con- stable for each team he shall procure as mentioned in the twelfth section of the same act shall be and is hereby encreased to sixteen shillings. And that the constable shall be entitled to the said sum of sixteen shillings for each team he shall impress notwithstanding every such team when so impressed may not in consequence thereof be at the time and place of rendesvouz, and actually serve. And whereas by the first abovementioned act the first judges of the counties of Albany Ulster Dutchess Orange and Westchester or any three of them are authorized to ascertain and assize the prices of teamage in the public service within this State, and failure has been made ia the attendance of a sufficient quorum for that purpose. notml^ *° '^ 5e i< therefore enacted by the authority aforesaM That in addition to the first judge of each of the said counties, one other judge in each of the said counties to be duly notified in writing by the quarter master general or his deputy shall be added to the said first judge, and all the said judges or any three of them shall enjoy the same LAWS OF NEW YORK, 1119. 623 powers and authorities and be entitled to the same re-j„|'|™"'®'"- °' ward for their attendance and service as the said first judges are by the said act vested with and entitled to any thing in the said act to the contrary thereof in any wise notwithstanding. Arid le it further enacted ly the authority aforesaid That ,riSfro.torage!™ the said judges or any three of them when they shall meet, to ascertain and determine the pay and wages to be allowed and paid for teams, carrages, horses and drivers, impressed within this State, shall at the same time ascer- tain and determine the price that shall be given for forage. Aihd whereas there is the most pressing necessity fbr an immediate supply of forage for the army. Be it therefore erMcted hy the authority aforesaid That it ^ge "to"']™' im- shall and may be lawful from and after the tenth day of p™^®"*- October next for all those persons to whom warrants shall be directed by virtue of the aforesaid acts to impress forage, to impress the eighth part of all such rye and the eighth part of all such oats as shall be in the straw in the possession of any person or persons within this State, over and above what shall be necessary for the use of his her or their families and stocks, and the owner or owners thereof shall within fifteen days after such impress, thresh out and deliver the same af such place as the com- missary general of forage his deputy or assistant shall appoint not exceeding ten miles, the said commissary general of forage his deputy or assistant paying for the same and the transporation thereof, the prices to be ascertained and determined by the said three judges as abovementioned or in case any prices shall not be so ascertained and determined then the public current price; and it any person or persons shall without suffi- cient cause given in evidence on the trial neglect or refuse to thresh out and deliver the forage as above directed, he she or they so offending shall forfeit the value thereof, to be recovered by the said commissary his deputy or assistant in a summary way with costs before any justice of the peace within the county where the same shall hap- pen, one moiety thereof to the prosecutor, the other to the use of the poor of the town manor precinct or district where the same shall happen. And whereas there is great necessity that the army should be immediatelysupplied with boards plank timber and firewood. 624 BEVOLUTIONAKY LEGISLATION. issuc^fortapress? ^^ "^^ enacted ly the authority aforesaid That it shall and iSLk^"^"^^ ^"^may be lawful for any justice of the peace within this State upon application of the quarter master general bis deputy or assistant to issue his warrant for the impressbg of such boards and plank as shall be found in the posses- sion of any person or persons and which are not wanted for his or their own private use the said quarter master his deputy or assistant paying to the proprietor the cur- rent price for the same. tef*may°be*iS- ^^ &« ^t further enacted ly the authority aforesaid That upon application made to any justice of the peace by the quarter master general his deputy or assistant it shall be lawful for the said justice, taking to his assistance two reputable freeholders of the town manor precinct or dis- trict, one of the said freeholders to be chosen by the said quarter master, his deputy or assistant, and the other by the said justice; and the said justice and the said free- holders are by this act impowered to impress standing timber and firewood from such person or persons as in their judgment can conveniently spare the same ascer- taining at the same time the price that shall be given by the said quarter master his deputy or assistant for the same to the proprietors thereof: tot?OT " ^ *° Provided always that no such timber or firewood shall be impressed beyond the distance of half a mile from the banks of Hudsons river without the express request of the said quarter master his deputy or assistant for that purpose. And whereas great abuses have been committed by the deceitful making of flour casks. Flour casks. ^g ^ therefore enacted ly the authority aforesaid That all flour casks which shall be made within this State shall be made tight and of good timber, and well hooped with at least ten good hoops three of which shall be at each head and if any person or persons shall offend in the premises, such person or persons so offending shall forfeit for each cask the sum of sixteen shillings to be recovered in a simmiary way before any justice of the peace within the county where the same shall happen with costs by any person who shall sue for the same, the one moiety to his own use and the other to be paid into the hands of the overseers of the poor of the place where the same shall happen for the use of the poor thereof. ^^es of justices ^^d Ic it further enacted ly the authority aforesaid That the justices of the peace shall respectively be allowed for LAWS OF KEW YOKK, 1779. ' 625 each warrant they shall respectively grant or issue for making an impress in pursuance of this act or either of the abovementioned acts, the sum of sixteen shillings to be paid by the quarter master general or forage master gen- eral or their respective -deputies or agents applying for such warrant. And he it further enacted hy the authority aforesaid That this act shall continue in force until thirty days after the first day of the next meeting of a quorum of the legislai- ture. [1779, p. 155] CHAP. 11. AN ACT more effectually to carry into execution An act entitled An act to revive and amend An act entitled An act to amend An act for regulating impresses of forage and carriages and for billeting troops within this State and for other purposes therein mentioned. Passed the 8th of October, 1779. Whereas there was a failure, on the first Tuesday of i'«a™i>'«. this instant month of October, of a meeting of a quoriun of the judges in the said laws mentioned; and there being the most urgent necessity that the pay and wages to be allowed and paid for teams carriages horses and drivers and likewise the prices of forage to be impressed within this State, should be ascertained and determined. Be it therefore enacted ly the People of the State of New judgSsV mMt'at YorJc represented in Senate and Assembly and it is hereby ^^^^ p'*" enacted by the authority of the same, That it shall and may be lawful for the said judges or any three of them and they are hereby required to meet at Kingston in the county of Ulster on the second Tuesday of this instant month of October for the purposes in the said laws mentioned any thing in the said laws or either of them to the contrary notwithstanding. Provided that nothing in this act shall be understood jj^^*"" ""«*»■ or construed to prevent the said judges from meeting at such future times and at such place as are mentioned in the aforesaid laws or one of them. 37639—18 iO 626 ' REVOLUTION AEY LEGISLATION. [1779, p. 160] CHAP. 14. AN ACT for removing or destroying the grain and other vegitable food that may be left on any of the deserted farms on the western frontiers of the counties of Ulster and Orange. Passed the 13th of October, 1779. Preamble. Whereas the late inhabitants on the said frontiers have removed into the interior parts of the country, and having left on the said farms large quantities of Indian com and other grain and vegitable food. To prevent the same from faUiag iato the hands of the enemy. etc°''to VS -^^ '^^ enacted hy the People of the State of New York troyed. represented in Senate and Assembly and it is hereby enacted by the authority of the same. That the person administring the government of this State for the time being be and is hereby impowered to order all such Indian com and other grain and vegitables as aforesaid to be removed or destroyed in such manner as he may direct. Owners may re- Provided nevertheless, that the owners thereof re- move same. spectively shall have hberty immediately to remove the same to some place not exposed to irruptions of the enemy. [1779, p. 160] CHAP. 15. AN ACT to amend the act for procuring an immediate supply of flour and peas for the use of the army. Passed the 13th of October, 1779. Preamble. Whekeas the prices of produce to be taken and seized within this State for the use of the army as hmited by the said act, are less than the current prices whereby much dissatisfaction and uneasiness hath been produced among many of the inhabitants of this State. seiMd"to be'pai"(f ^^ ^^ therefore enacted by the People of the State of New price.** """ent Yorlc represented in Senate and Assembly and it is hereby enacted iy the authority of the same, That the Umitations of prices of flour meal, wheat and peas to be taken or seized for the use of the army by virtue of any law of this State shall be and hereby are severally taken off, and that all flour meal wheat or peas to be so taken and seized for the use of the army shall be paid for at the current price at the time of the seizure. And further, that each person from whom any wheat or peas may LAWS OF NEW YOKK, 1'779. 627 have been taken or seized in pursuance of the said act above mentioned shall and may demand and receive for the same from the commissary general of purchases his several agents or deputies who shall have taken and seized the same respectively, instead of the price of sixteen dollars per bushel for wheat and fifteen dollars per bushel for peas, the current prices at the time of the seizure. And whereas it is absolutely necessary that a further quantity of flour should be provided for the army. Be it further enacted iy the authority aforesaid, That p f?t*'m aT'te in addition to the quantity of wheat made liable to be^®'^®*- seized and taken for the use of the army in pursuance of the said act a further eighth part of the wheat in the possession of the inhabitants of this State respectively, beyond what may be deemed necessary for the use of their respective families, shall be taken and seized for the use of the army in like manner as is directed by the said act with respect to the wheat to be taken in pursuance thereof, and shall be paid for at the current price. That where any rents shall be reserved in wheat, one iQ^™tfea?^''"lu half of such rents shall in like manner be taken and^^^ ^^ ■^*'^^'*' seized, and the tenant shall pay to the land-lord in stead of the wheat so taken the monies to be received in pay- ment for the same, and the assessors shall in the assess- ment specify particularly whether the wheat so assessed to be furnished by the tenant is considered as such proportion of rent, or such proportion of the wheat which the tenant may be possessed of beyond what may be deemed necessary for the use of the family of such tenant. [1779, p. 165] CHAP. 21. AN ACT to amend an act, entitled an act, to prevent the exportation of flour meal and grain out of this State. Passed the 20th of October, 1779. For authorizing the exportation of flour and wheat out of this State, in order to procure salt for the use of the inhabitants thereof. Be it enacted by the People of the State of New Yorlc, Jis^ma^expon represented in Senate and Assembly, and it is hereby ^°™-^^- enacted by the authority of the same. That from and after the passing of this act, it shall and may be lawful, for 628 REVOLUTIONARY LEGISLATION. any inhabitant of this State, of good repute and known attachment to the liberties and independence of these United States, and to be approved of by the supervisor of the ward, town, manor, district or precinct, wherein such inhabitant shall actually reside, to export flour and wheat out of the State, to be bartered or exchanged for, or sold for the purchase of salt, for the necessary use and consumption of his own family, and any other families, inhabiting in the ward, town, manor district or precinct, wherein he shall reside; rmdere™' *° ^ Provided always that before such exportation such inhabitant shall render an account of the quantity of flour or wheat intended to be exported by him, of the several persons to whom the same shall belong, and of the quantity of salt, which he doth conceive necessary for the consumption of the respective famihes of the said taken*'' *° ^* Several persons; and shall by affidavit on oath, or if of the people called Quakers, by afiirmation, in writing, to be subscribed by the party making the same, swear or affirm, as follows towit Form oi oath J (Jq solemnly and sincerely swear " in the presence of Almighty God, (or declare and affirm, as the case may be), that I will not directly, or indirectly, under colour or by pretext of the license to be granted to me this day, export, or cause to be exported, any greater quantity of flour or wheat out of this State, than shall be expressed in such Hcense; and that I wiU not barter the said fiom- or wheat or any part thereof, for any other articles or commodities than salt, or dispose of, or apply the monies arising by the sale thereof, to any use or purpose whatsoever, other than the procuring of salt; and that I wiU not import any of the salt to be procured by me either in exchange for the said flour or wheat, or with the monies arising from the sale thereof into this State for barter or sale, but, only for the private consumption of the several famihes mentioned in the account now Supervisor to rendered by me, which oath or affirmation the said super- administer oath . .,, i i -li i--i. and grant license. Yisor IS hereby empowered and required to administer, and also safely to keep the said account and affidavit or affirmation; and upon the taking of the said affidavit or affirmation, shall grant a written hcense under his hand to such person for exporting the quantity of flour or wheat in the said account contained, or such part thereof, as the said supervisor may deem requisite for the purpose of procuring such quantity of salt as he may LAWS OF NEW YORK, 1'7'79. 629 deem necessary for the use of the famihes in the said account mentioned: Which heense shall protect the quantity of flour or wheat therein mentioned, and the person licensed thereby, to export the same, from all seizures, penalties and forfeitures, mentioned and directed in and by the said above mentioned law, any thing therein contained to the contrary thereof in any wise notwith- standing. And be it further enacted by the authority aforesaid, ^^^^J" *° That every supervisor before he shall grant any such heense as aforesaid, shall take the following oath, before some justice of the peace in the county, towit I do solemnly swear , in the presence of Almighty ^°™ "'■ God, well, faithfully and truly, to perform fulfil and execute the powers and authorities vested in me by a law entitled An act, to amend an act entitled An act, to prevent the exportation of flour meal and grain out of this State, so . help me God. Which oath, shall also be reduced to writing signed by the party making, and carefully kept by the justice administring the same. And be it further enacted by the authority aforesaid, ^^^ "'"^^ That if any person shall be guilty of a breach of either of the above mentioned oaths, or affirmation he shall incur the pains and penalties to be inflicted by law in cases of wilful and corrupt perjury. And whereas in and by the fifth enacting clause of the said law, it is not delcared by whom the forfeitures and penalties mentioned therein, shall be sued for or recovered, nor how applied. Be it therefore enacted by the authority aforesaid, Th&t ^^^^^^^-^y"^- all the said forfeitures and penalties, heretofore accrued or hereafter to accrue, shall severally and respectively be sued for, and recovered by any person or persons, who will sue and prosecute for the same respectively; and when recovered, shall severally and respectively be apphed as follows, that is to say, one moiety thereof, severally and respectively to the use of the person or persons suing for the same, respectively, and the other moiety thereof, shall by him or them be respectively paid into the treasury of this State. 630 EEVOLUTTONAEY LEGISLATION. [1780, p. 200.] CHAP. 34. AN ACT more effectually to supply the army with flour. Preamble. Supervisors te convene as- sessors. Assessors to take oath. Form of. Towns, etc., to be divided into districts. Assessors to es- timate amount or wheat and flour. Wheat and flour to be seized ]or use oi the army. Passed the 12th of February, 1780. Whereas tlie necessities of the army call for an immediate supply of flour. Be it therfore enacted by the Peofle of the State of New York represented in Senate and Assemily and it is hereby enacted by the authority of the same That immediately after the passing of this act, the several supervisors of the respective towns manors precincts and districts within this State shall convene the assessors thereof respectively. That the said assessors being so convened shall each of them take the following oath, (which oath the supervisor is hereby empowered and required to administer) viz. "I, A B, do solenmly swear in the presence of Al- " mighty God, that I will faithfully and truly perform "and discharge the duties enjoined upon me by an act "entitled "An act more effectually to supply the army "with "flour" to the best of my abihty and judgment:" "so help me God. That the supervisors, respectively, shall thereupon divide their respective towns, manors, precincts, and districts into as many parts as they shall judge proper, assigning to each assessor, or to any two or more of them, his or their part. That the said assessors shall without delay proceed, within the parts assigned to them respectively, to examine and make an estimate of all the wheat, whether threshed or in the straw, and flour which shall be in the possession of any person or persons whatsoever. That in order the more effectually to enable the said assessors to examine and make the said estimate, the said assessors are, by this act, fully empowered to enter, and if need be, by force to break open any house store house barn, miU or any other place whatsoever. That the said assessors shall, within the parts assigned to them respectively as aforesaid, forth- with seize for the use of the army, all the wheat and flour which shall be found in the possession of any person or persons whatsoever which in the judgment of the as- sessor or assessors so seizing, shall exceed the rate of one bushel of wheat, or the like proportion of flour, per head per month to every person belonging to the respective Laws of New yoek, ilso. 631 families of the persons in whose possession the said' wheat or flour shall be found from the time of seizing to the first day of August next. That the assessor or assessors so seizing shall make a note in writing, speci- j^^^'^^'l™™^' fying the quantity of flour or wheat so seized from each respective person, and which note shall be delivered to the said person or left at his or her usual place of abode. That the assessors shall keep an account in writing of each quantity of wheat and flour by them respectively seized, and containing also the names and places of abode of the several persons in whose possession re- spectively, such wheat and flour was at the time of the seizure thereof, and shall with all convenient speed de- liver a true copy of such account to the commissarv Aooomt to be , . . rendered to corn- general ot purchases, or to one oi his deputies, assistants missary general. or agents, and another copy to the supervisor. That the said commissary general or either of his deputies assistants or agents shall be by this act fully empowered, and by force if need be, to take of the respective quan- tities of flour and wheat specified in such account two Two-thirds . ^ may be applied third parts and apply it to the use of the army, P^^ying and'rein2nd*r^o to the respective proprietors thereof the highest current ^1^^"* t^P^^^"* price. That the remaining third part of the said re- spective quantities of flour and wheat shall remain in the custody of the several persons in whose hands the same shall be seized and be sold by the said persons respectively to such persons as shall have permits from the supervisor to purchase. That such permits shall be granted by the supervisor to such of the inhabitants of this State as shall apply for the same and for such quan- tity of flour and wheat to each respective inhabitant as the supervisor shall deem reasonable, and to be specified in each respective certificate. That the supervisor shall not grant such permit unless the person applying for the same shall previously make oath; or if of the people ^Pfj^J'^.^*^^'*'*- called Quakers afiirmation (and which the supervisor is hereby authorized to administer) that the quantity of wheat or flour so to be purchased by the said person is intended only and is necessary for the support of his or her family until the first day of August next. And he it further enacted iy the authority aforesaid Penalty or That if any person or persons whatsoever from whom any wheat or flour shall be so seized, shall embezzle or secrete or suffer to be embezzled or secreted the same or any part thereof s^' that the same shall not be had when 632 REVOLUTIONARY LEGISLATION. legally demanded; such person or persons so offending shall forfeit five times the value of the quantity of wheat or floxu- so embezzled or secreted to be recovered with reasonable costs in a summary way before any justice of the peace of the county where the offence shall arise by the commissary general of purchases, or any one of his deputies, assistants or agents or by the person having a permit to purchase as aforesaid, demanding the same as the case may be the one moiety thereof to the prose- cutor, and the other moiety to be paid into the hands of the treasurer of the county wherein the forfeiture shall have arisen, to be apphed by the supervisors to the use of the county. when°o™w ?Ji- ^^ ^« ^* further enacted ly the authority aforesaid, toied."* "^"''"That if any wheat or flour shall be seized, as aforesaid; and the assessor or assessors seizing the same cannot ascertain the owner or owners thereof; the person or persons so seizing shall dehver in writiag to the owner or keeper of the house, mill, barn or store house where such wheat or flour shall be deposited, or shall leave such notice at the usual place of abode of such owner or keeper, and with some person of his or her family of the age of discretion specifying the quantity of the wheat or flour so seized, and if after such notice given the said wheat or flour or any part thereof, shall be em- bezzled; the owner of the house mill barn or store house wherein such wheat or flour was deposited shall incur a like forfeiture, and which shall be sued for, and when recovered applied as aforesaid, oias^ra!^*'™ ^'"^ ^^ ** /wrtAej- enacted by the authority aforesaid That the said assessors shall respectively be entitled as a reward for their services in seizing and making their return as aforesaid, at the rate of four shillings for each bushel of wheat and one dollar for each hundred weight of flour to be by them respectively seized by virtue of this act and which allowances shall be paid to them in Howtobepaid. manner following viz. Two third parts thereof by the commissary general of purchases Ms deputy assistant or agent to whom such return shall be made as aforesaid; and upon the delivery of such return, and the remaining third part thereof by the respective persons having such permits and for the quantity specified in each permit and which said third part shall be paid by the said persons respectively upon receiving their permits, to the supervisor for the use of the assessors and that the LAWS OF NEW YORK, IISO. 633 supervisor shall be allowed for his services in granting 5„^g'^^o*°°® *° such permits and taking such affidavit one dollar for each permit to be paid by the several persons to whon such permits shall be granted and upon the receipt of their respective permits. Arid be it further enacted by the authority aforesaid That fuS^to^jirfoml if any supervisor or assessor shall neglect or refuse to do ""^"^ *'"'^- and perform the several matters enjoined on him by this act; every such supervisor and assessor so offending shall for every offence forfeit the sum of five hundred pounds, to be sued for, recovered, and appfied in like manner as aforesaid. Arid be it further ermcted by the authority aforesa'id That in p^^lf ''^i^en *^ case of the death or absence of the supervisor or super- ^'• visors, any justice of the peace resident within the respective towns manors districts or precincts shall upon the application of the said commissary general or any of his deputies assistants or agents, do and perform the several matters hereby enjoined on the supervisors: And shall in case of neglect or refusal to do or perform any of the said several matters; incur a like forfeiture to be recovered and appUed as aforesaid. [1780, p. 208] CHAP. 41. AN ACT to revive continue and farther amend the several laws rela- tive to impressing teams, forage, timber and fuel, billeting troops and preventing deceit in making flour casks within this State. Passed the 26th of February, 1780. Be it enacted by the People of the State of New YorJc ^^^ °*™®'* ■*" represented in Senate and Assembly and it is hereby enacted by the authority of the same: That a certain act of the legislature of this State entitled "An act to amend an act for regulating impresses of forage and carriages and for billeting troops within this State" passed the twelfth day of March, one thousand seven hundred and seventy- nine, shall be and is hereby revived and shall continue in force until thirty days after the rising of the legisla- ture at their next meeting subject nevertheless to the alterations and amendments herein contained. And be it further enacted by the authority aforesaid That ^'"* "loreased. the fine of five pounds mentioned in the fifth section of the act entitled "An act for regulating impresses of forage and carriages and for billeting troops within this 634 EEVOLUTIONAEY LEGISLATION. State" passed April second one thousand seven hundred and seventy eight shall be and is hereby increased to twenty five pounds; and also that the several and respec- tive •"fines of five pounds mentioned in the fourteenth section of the same act shall each of them be and each of them is hereby increased to twenty pounds except the penalty thereby imposed on the constables which shall be ten pounds. steWM^tacreased" ^'"^ ^* ^* further enacted hj the authority aforesaid That the sum of two shillings allowed as a reward to the constable for each team he shall procure, as mentioned in the twelfth section of the same act, shall be and is hereby increased to twenty four shillings and that the constable shall be entitled to the said sum of twenty four shillings for each team he shall imoress notwithstand- ing every such team when so impressed may not in conse- quence thereof be at the time and place of rendezvous and actually serve. ap'pTaisai 0° ^^ whereas by the first above mentioned act the first teams. judges of the counties of Albany Ulster Dutchess Orange and Westchester or any three of them are authorized to ascertain and assize the prices of teamage in the public service within this State and least a failure should be made in the attendance of a sufl&cient quorum for that purpose, ^^other judges to _[y_ Therefore he it enacted ly the authority aforesaid That in addition to the first judge of -each of the said counties one other judge in each of the said counties to be duly notified in writing by the quarter master general or his deputy shall be added to the first judge and all the said judges or any three of them shall enjoy the same powers and authorities and be entitled to the same reward for their attendance and service as the said first judges are by the said act vested with and entitled to any thing in the said act to the contrary thereof not- withstanding, wages of^teaS's" ^- ^^ ^* it further eTMCted ly the authority aforesaid, etc- That the said judges, or any three of them, when they shall meet, to ascertain and determine the pay and wages to be allowed and paid for teams carriages horses and drivers impressed within this State, shall, at the same time, ascertain and determine the price that shall be given for forage. Arvd whereas the legislature have by several acts passed at the last and this present meeting directed such portion LAWS OP NEW YOEKj 1'780. 635 of the wheat within this State to be seized for the use of the army, that it is necessary that all the Indian com rye and buckwheat should be retained for the sub- sistence of the inhabitants. VI. Be it further enacted by the authority aforesaid awZ^J"^^*" ^°'^ it is hereby provided; That no Indian com, rye or buck- ™pr«ss«d. wheat shall be impressed for forage after the passing of this act; any thing in the said second above mentioned act to the contrary notwithstanding. VII. And be it further enacted by the authority aforesaid: jmpra^'^mbe^ That upon application made to any justice of the peace, '^'"• by the quarter master general, his deputy or assistant; it shall be lawful for the said justice taking to his assistance two reputable freeholders of the town manor precinct or district, one of the said freeholders to be chosen by the said quarter master his deputy or assistant; and the other by the proprietor of the timber and firewood to be impressed, and in case of the neglect or refusal of the proprietor so to chuse, then the said other freeholder shall be elected by the said justice; and the said justice and the said freeholders are, by this act, impowered to impress standing timber and fire-wood from such person or per- sons as in their judgment can conveniently spare the same ; ascertaining, at the same time, the price that shall be given by the said quarter master his deputy or assist- ant for the same to the proprietor thereof. Provided always, that no such timber or fire-wood i^^^^^jj" ^j^^j^^ shall be impressed beyond the distance of half a mile ''°'^' °'*- from the banks of Hudson's river, without the express request of the said quarter master his deputy or assistant for that purpose. And provided further that nothing herein contained shall be construed to warrant an impress of chestnut timber. And whereas great abuses have been committed by the deceitful making of flour casks. VIII. Be it therefore enacted by the authority aforesaid: y^^''^^^^^^^- That all flour casks which shaU be made within this State, shall be made tight, and of good timber, and well hooped with at least ten good hoops, three of which shall be at each head. And if any person or persons shall offend in the premises, such person or persons so offending, shall forfeit for each cask the sum of sixteen shillings to be recovered in a summary way, before any justice of the peace within the county where the same shall happen with costs by any person who shall sue for the same; the 636 Justices' fees. Preamble. REVOLUTlOla^AEY LEGISLATIOK. one moiety to his own use, and the other to be paid into the hands of the overseers of the poor of the place where the same shall happen for the use of the poor thereof. And ie it further enacted by the authority aforesaid: That the justices of the peace shall respectively be allowed for each warrant they shall respectively grant or issue for making an impress in pursuance of this or either of the above mentioned acts, the sum of twenty-four shillings, to be paid by the quarter master general or forage master general or either of their respective deputies or agents applying for such warrant. And he it further enacted hy the authority aforesaid: That this act shall continue in force until thirty days after the first day of the next meeting of the legislature. [1780, p. 210] CHAP. 43. AN ACT for a, general limitation of prices, and to prevent engrossiog and withholding, within this State. Passed the 26th of February, 1780. Whereas the honorable the congress of the United States of America by certain resolutions bearing date the nineteenth day of November one thousand seven hundred and seventy nine, did recommend to the legislatures of the several States forthwith to enact laws for establishing and carrying into execution a general Kmitation of prices throughout their respective jurisdictions on the following principles, and to commence in their operation from the first day of February then next; viz. Articles of domes- tic produce, farming and common labor, the wages of tradesmen and mechanics, water and land carriage not to exceed twenty fold of the price current through the various seasons of the year one thousand seven hundred and seventy foiu-. Articles imported from foreign parts to be in due proportion with labor and the articles as above stated making a proper allowance for freight insur- ance and other charges, salt and military stores, whether of home manufacture or imported from abroad, to be excepted from the limitation of prices. And to enact laws against engrossing and withholding and to take. the necessary measures for having the same carried into execution. And the legislature of this State being desir- ous in the most equitable and effectual manner to carry into effect the good intentions of congress. LAWS OF NEW YOEJK, 1780. 637 Therefore he it enacted by the People of the State of New ,J^''^°^^°°^_ YorJc represented in Senate and Assembly, and it is hereby ^'"'^ enacted by the authority of the same That all articles of domestic produce farming and common labor, the wages of tradesmen and mechanics shall not exceed the follow- ing rates viz. Good merchantable wheat twenty dollars per bushel, pease and white beans twenty dollars per bushel, good merchantable wheat flour fifty six dollars per hundred gross weight good merchantable rye thirteen dollars per bushel, good merchantable Indian corn eleven dollars per bushel, good merchantable buckwheat eight dollars per bushel, good merchantable oats seven dollars per bushel, pork well fatted eighty nine dollars par neat hundred weight, and in the same proportion for a greater or lesser quantity, best grass fed beef six shillings per pound, best stall fed beef in the month of January seven shillings per pound, in the month of February eight shillings per pound, in the month of March nine shillings per pound, in the month of April ten shillings per pound, in the month of May eleven shillings per pound, in the month of June twelve shillings per pound, good butter by the firkin or cask eighteen shillings per pound, and good fresh butter by the small quantity twenty one shillings per pound, American cheese of the best quality twelve shillings per pound, rendered taUow sixteen shillings per pound, rendered hogs lard twelve shillings per pound, raw hides seven shillings per pound, and in the usual proportion when dried, and other skins in the proportion of price they usually bore to raw hides, good well tanned soal leather four dollars per pound, and aU kinds of ciuried leather not to exceed twenty fold of the price thereof in the year one thousand seven hundred and seventy four, the best sort of mens shoes made of neats leather twenty-five dollars per pair, men's calf skin shoes of the best quahty twenty eight dollars per pair, and women and children's shoes in due proportion, bloomery iron at the place of manufacture thirty two pounds per gross hundred weight, refined iron at the place of manu- factiu"e forty pounds per gross hundred weight, pig iron at the place of manufacture two hundred and fourteen pounds per ton, best manufactured American steel fit for edged tools four dollars per pound, and common American manufactured steel three dollars per pound, iron pots, kettles and other fight castings, eight shiUings per pound, large cast iron kettles and pans, twenty four 638 REVOLTJTIOlirARY LEGISLATION. pounds per hundred weight, nails of American manu- factory per pound as follows twenty penny, twenty four shillings, twelve penny twenty seven shillings, ten penny thirty shillings, eight penny, thirty two shillings, other nails in the usual proportion good new scythes and good new sichs thirty dollars each, good new felling axes twenty two dollars each, hay of the best quality seventy pounds per ton. That the price of teaming and all land transportation shall not exceed the rate of six dollars for the carriage of twenty hundred neat weight per mile, including all expences attending the same. And whereas it may be difficult to ascertain the weight of many articles usually transported by land, therefore the price of a two horse waggon, or two ox cart with a driver, be thirty doUars per day, a four horse waggon or four ox cart with a driver, be fifty doUars per day, includ- ing all expences attending the same. That the price of sheep's wool be seven dollars per pound; good well dressed flax twenty eight shillings per pound. That the prices of aU kinds of European, East and West India goods, wares and merchandise imported from foreign parts or brought into this State from the neighbouring States, or by capture from the enemy or otherwise, shall not exceed the rate of twenty five per cent advance upon the prime cost at the place of importation with an addi- tion of the stated allowance for transportation. That the wages of mechanics, manufactiu-ers and labourers, shall not exceed the rate of twenty fold of the prices at which they respectively sold ia the year of our Lord one thousand seven himdred and seventy four. That the prices of liquors retailed by innholders or tavern keepers to be drank in their respective houses shall not exceed centum per centimi advance upon the wholesale price, and for all other articles of refreshment and entertain- ment at the following rates viz. Each meal of victuals twenty eight shillings, lodging, per night, eight shilhngs, stabUng and keeping an horse on hay per night or twenty four hours twenty eight shillings, pasturing a horse per night or twenty four hours fom-teen shillings, a quart of oats fom- shillings, and other grain in proportion; and for other ear tides of refreshment for man or horse in hke proportion. Invoices onm^ ^.^d he it further enacted hy the authority aforesaid That tore'^ustice^f toe ®^^^ ^"^^ evory person who shall bring into this State peace, etc. ^ny such European East or West India goods wares or LAWS OF NEW YORK, 1780. 639 merchandizes for sale shall previous to the sale thereof or of any part thereof appear before a justice of the peace within this State and produce to such justice an invoice of the goods wares or merchandizes, so brought, to con- tain the prime cost thereof and the expence of transpor- tation as aforesaid and shall then and there declare upou oath, or if of the people called Quakers on affirmation, (and which oath or affirmation the said justice is hereby authorized to administer) to the truth of such invoice That if any person shall offend contrary to the tenor of this clause, the person so offending shall forfeit five times the value of the goods wares or merchandizes so sold to be recovered and applied in like manner with the other penalties mentioned in this act; and in every suit for the recovery of the penalty aforesaid the burthen of the proof shall lay upon the defendant to shew that he or she hath appeared before a justice of the peace^ produced such invoice and made such oath or affirma- tion as aforesaid. IV. And ie it further enacted hy the authority aforesaid nJt'^ntioiJd'"*^ That all kinds of American manufacture and internal produce not particularly mentioned and regulated in the proceeding clause of this act, be estimated at rates not exceeding twenty fold of the prices at which they re- spectively sold in the year one thousand seven hundred and seventy-four. V. And he it further enacted hy the authority aforesaid ijj^^f*'^^^^^ That if any person or persons whatsoever, shall ask de-^^^ '^'^'^■ mand, have receive or take either in money or in barter or exchange, either directly or indirectly, for any of the articles of labor or mechanical work, provisions, pro- duce, manufactures, goods, commodities wares or mer- chandizes (salt and miUtary stores excepted) or for re- freshment or other supplies for man horse or cattle, at any inn or inns within this State, the respective rates and prices whereof have been severally fixed and ascertained as aforesaid, any greater sum or sums, rate or rates, price or prices for the same respectively than those at which the same have been severally and respectively fixed and ascertained as aforesaid, such person or persons shall forfeit for every such offence treble the value or price as above rated. Provided always that nothing herein „ . ,, 1 I • 1 Proviso as to contamed shall extend to hmder or prevent bartering''*''**''?? ^^^ or exchangmg between neighbours, according to the several usages and customs in this State in the year 640 REVOLUTIONARY LEGISLATIOK. one thousand seven hundred and seventy four, for their own and family's use and consumption only. wUhh°oid^ing -4™^ whereas many persons inhabitants of this. State ?ror'^ those' "Shave from time to time been guilty of the shameful prac- ^^°'- tice of withholding from those who are in want of sundry necessaries of life, and refusing to sell the same, though possessed of more than their consumption requires. su?h™a^"^' ^ ^« ^* fy'rther enacted by the authority aforesaid That if any person or persons having more of any article or arti- cles herein before enumerated or nonenumerated or lim- ited than may be necessary for his or her family's use or subsistence, or for carrying on his or her trade or business, shall refuse to sell the overplus or a reasonable part thereof to any person or persons who may be in want of the same for his or her family's use or subsistence, or for carrying on his or her trade or business, or shall refuse to sell the said overplus or a requisite part thereof, to any person properly authorized to purchase for the use of the army of the United States of America, or any detach- ment thereof, the person desirous to purchase shall apply to any justice of the peace of the county where the person having such overplus shall reside; which justice being fully informed and convinced of the necessity and want under which the said applicant labours, he shall summon the person so refusing to appear before him at such time and place as he shall think proper to direct, to be mentioned in the summons, and if on lawful service of said summons, he or she, so refusing. as aforesaid, shall neglect to appear as therein required, or if on his or her appearance and examination it shall in either case be evident to the said justice, that he or she is possessed of a greater quantity of any of the said articles than is necessary as aforesaid, the said justice is hereby required to issue his warrant to any constable of the county, commanding him to call to his assistance such, and so many persons as may be necessary, and take such pro- portion of the overplus aforesaid as may be necessary for the supply of the person so complaining; which goods shall be sold to the complainant and the money, after deducting ten dollars for the justice's fees, together with other necessary and reasonable costs for the constable and assistance, shall be lodged in the hands of the justice to be by him delivered to the owner when he she or they shall apply for the same ; and if the owner of the said goods shall neglect to apply for the said money within the space LAWS OF NEW YOEK, 1'780. 641 of three months after the same is paid into the hands of the said justice, it shall be forfeited to the use of the county, and paid by the said justice to the county treas- urer, to be applied by the supervisors to the use of the county; and the receipt of the said treasurer shall dis- charge the said justice from the money so paid, and for- ever bar the owner, so neglecting, from any suit action or claim for the recovery thereof; and if any such action shall be commenced or prosecuted such justice shall be at liberty to plead the general issue and give this act in evidence. Provided always that if any justice shall issue a warrant for seizing any such articles on the application of any commissary, quarter master or other person properly authorized to purchase for the army, or any detachment thereof, he shall in granting the same have respect to the circumstances and wants of the inhabitants of the neighbourhood in which the person resides from whom such articles are to be impressed, and shall de- termine the quantity proper to be taken on such appli- cation accordingly. And for the more effectual recovery of the fines and forfeitures mentioned in this act Be it e-Tiacted by the authority aforesaid, That the several ni?mebtfote\'^- offences for which the said fines and forfeitures herein "°^°'*''®p^^^- before mentioned are regulated and declared, are and shall be cognizable before any one justice of the peace of the county in which the offence shall be committed. ro- vided always that the party defendant shall, at his option in all cases be entitled to have a trial by a jury of six Tr.aibyjury reputable freeholders to be summoned out of the body of the county in which the offence shall have been com- mitted; and in such case the justice shall before he pro- ceeds to trial administer to the jurors the following oath viz. "You shall well and truly try the matter in difference Jutts' oath, between plaintiff and defendant and a true verdict give according to the evidence: So help you God." And where judgment shall be given for the recovery p^j^^'ljf'''"^ '''^" of any such fine or forfeiture the same when recovered, after deducting ten dollars for the justices fees, and other reasonable costs and charges, shall be paid one moiety to the person who shall sue and prosecute for the same, and the other moiety thereof to the treasurer of the county 37639—18 41 642 REVOLUTIONAKY LEGISLATION. in which the offence shall have been committed, to be applied by the supervisors to the use of the county; and if the plaintiff in any such suit or suits as aforesaid shall become non suit, or discontinue or withdraw his suit, or if judgment therein shall be rendered for the defendant, that then and in every such case the defendant shall have execution for his costs to be taxed. vrnduenot^oCT" ^^ ^^ '^^ further enacted by the authority aforesaid; ceed price fixed. That none of the articles goods, wares or merchandizes, herein limited and regulated, shall be sold at public vendue at a higher price than the rate established by this law, any person offending herein shall be subject to the like penalties and forfeitures as if the same had been sold at private sale to be recovered and applied as aforesaid. taS^eflect"' '" -^''^ ^^ ^t further enacted by the authority aforesaid and it is hereby provided That this act shall not take place untU twenty days after the date of the proclamation trMOTjtted?etJ?* ^ifirein after mentioned. That the person administring the govermnent of this State for the time being shall as soon as conveniently may be after the passing of this act transmit copies thereof to the executive authorities of the States of Massachusetts Bay, Connecticut and Pennsylvania and request the said executive authorities, as soon as the legislatures of the said States respectively have passed laws for the like purpose with this act to in- form him thereof; and that the person administring the government of this State for the time being shall forth- with upon the receipt of such official information from the said three States issue a proclamation declaring this act to be in force. [1780, p. 264] CHAP. 67. AN ACT authorizing the person administering the government of this State, to grant warrants of impress. Passed the 23d of June, 1780. Preamble. Whereas it is highly probable that there will be during the ensuing campaign, on the part of the United States and their allies, great operations as well offensive as defensive, against the enemy, and many emergencies and cases may arise which cannot be. defined, when it may be necessary in order to render these operations successful, to draw forth all the strength and resources of the State, LAWS OP NEW YOBK, 1780. 643 Be it therefore eruicted hy the People of the State of iVeWp^e^r'to 'be Yorlc, represented in Senate and Assembly, and it is f^^g^^^y 2!. hereby enacted by the authority of the same, That it shall P^'^^Pg^'j^j.^"*' and may be lawful to and for the person administring the government of this State for the time being, from time to time, and whenever he shaU deem the emer- gency and occasion to require the same, to grant war- rants of impress, under his hand, to any officers and persons, for impressing teams, carriages, horses, oxen and drivers, boats, vessels, materials, provisions and other necessaries for the use and service of the army, in such manner as he shall deem expedient and necessary, which officer or person by virtue of such warrant is hereby authorized and impowered to break and enter any house, store house, mill or barn in which he shall have reason to suspect any of the articles or matters directed by the said warrant to be impressed are secretted, unless the owner of such house, store house, mill or barn or his agent or representative then present shaU im- mediately when required open the same. That the officer or person making such impress shall give to the person from whom any of the matters or articles aforesaid shall be impressed, a certificate thereof. And that each m^J^f'J^j^"'^ and every person from whom any of the matters or articles aforesaid, shall be impressed, shall be entitled to receive from the public officer authorized to pay the same, the current price for the articles or matters im- pressed, or for the use or hire thereof, as the case may be: And that this act shall be and continue in force until the rising of the legislature at their next meeting and no longer. [1780, p. 266] CHAP. 69. AN ACT to procure supplies for the use of the army, and to prevent a monopoly of cattle within this State and more effectually to prevent supplies of cattle to the enemy. Passed the 24th of June, 1780. Whereas Congress, by act of the twenty fifth day of g^^JJ?^^}^,^^^ February last, hath made a requisition on the several ^'■™y- States for supplies for the use of the army; and hath required of this State, as its quota of the said supplies, eleven thousand and two hundred hundred weight of beef, thirteen thousand and nine hundred and sixty nine barrels of flour, five hundred tons of hay, and thirty 644 BEVOLTJTIOKAEY LEGISLATION. thousand bushels of Indian corn, or other short forage equivalent; and did in and by the said act, among other things, declare, that pork should be received from any State in lieu of beef in quantities proportioned assigned to each, and that the respective States be credited for all such commodities, being of good and sufl&cient quality, as shall be received for the United States by persons appointed to receive the same at the following prices, viz* Merchantable Hour, per hundred weight gross, four and an half dollars, best grass fed beef, which shall be dehvered between the first of July and the first of Decem- ber, five and an half dollars per net hundred weight; beef best stall fed, which shall be dehvered in the month of December, six and an half dollars per net hundred weight, and for aU that shall be dehvered after the first day of January and before the first day of Jidy, eight dollars per net hundred weight, fresh pork weU fattened with corn, seven dollars per net hundred weight, salted pork per barrel, well fatted as aforesaid, containing two hundred and twenty pounds net, twenty two dollars; salted beef per barrel containing two hundred and forty pounds net weight seventeen and an half dollars, clean well dried Indian corn per bushel three foxu-th's of a dollar, oats well cleaned, half a dollar per bushel, rye well cleaned per bushel one dollar, white beans and peas per bushel one doUar and an half, wheat weighing sixty pounds one dollar and an half per bushel, buckwheat per bushel, three fifth's of a dollar, best upland first crop of hay per ton fifteen dollars. And whereas congress did, in and by the said act, further declare, that the provisions furnished by the authority of any State for the use of the army, since the first day of December last, may be credited, as part of the quota of supphes assigned to such State, at the prices aforesaid, and also that all the accounts between the States relating to their quota of the supplies aforesaid shall be kept and finally settled in Spanish miUed dollars, and the ballance finally paid in Spanish milled dollars. ™'*- And whereas altho' considerable supplies have been furnished by the authority of this State for the use of the army, since the first day of December last, yet, inasmuch as the quantity cannot now be ascertained; and also inasmuch as congress have, in and by the said act, declared, that if it shall appear, on an adjustment of the quotas of the several States, that any State has LAWS OF NEW YOKK, 1780. 645 supplied more than its due proportion in value, every such State shall be paid the value of the surplus, at the rates aforesaid in specie, with interest at six per centum per annum from the time such surplus shall have been deposited, as directed by the said act, and every State, which shall have failed to supply its due proportion shall be charged with its deficiency at the rates aforesaid, and the like interest thereon from the time when the same ought to have been deposited: and least there should be a failure in the supplies for the army; and from a desire to contribute all in their power to forward the miUtary operations, the legislature have therefore determined to provide the whole quantity of supplies so assigned as aforesaid; and have also, in order that any further supplies to be procured within this State beyond the said quota, may be obtained with the greater ease, authorized the agent to procure the said quota of supphes upon the credit and at the expense of this State, also to procure such further supplies upon the account and at the expense of the United States and have become responsible to the United States for the conduct of the said agent as to the expenditure of monies which he may receive from the United States. And whereas it is intended that the said several articles, to be procured within this State, should be paid for to the several persons, furnishing the same respectively, in the new bills to be emitted, on the credit of this State, pursuant to the act of congress of the eighteenth day of March last, at their nominal value, and the dollars, mentioned in the several prices above particularly enumerated, are hereby declared to be dollars of the new emission aforesaid. And whereas part of certain of the articles aforesaid will be wanted immediately after the ensuing harvest, it is therefore conceived necessary and most expedient to procure the same by assessment. I. Be it therefore enacted hy the People of the State of Quotas of sev New Yc/rJc, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That the quotas, of the several counties, of the said several articles, shall be as follows that is to say; the quota of the county of Albany, five thousand four hundred barrels of flour, or twenty seven thousand bushels of wheat, and eleven thousand five hundred bushels of Indian corn, buckwheat, rye, peas or oats. The quota of the county of Dutchess, eral countie . 646 EEVOLUTIONAEY LEGISLATION. four thousand six hundred and sixty nine ban-els of flour, or twenty three thousand three hundred and forty five bushels of wheat, and nine thousand five hundred bushels of short forage as aforesaid. The quota of the county of Ulster, two thousand six hundred, barrels of flour, or thirteen thousand bushels of wheat, and five thousand bushels of short forage as aforesaid. The quota of the county of Orange, seven hundred barrels of flour, or three thousand five hundred bushels of wheat, and two thousand bushels of short forage as aforesaid; and the quota of the county of Tryon, six hundred barrels of flour, or three thousand bushels of wheat and two thou- sand bushels of short forage as aforesaid. That the quotas, hereby assigned to the several counties, shall, by the supervisors of the respective counties, be appor- tioned, to and among the several towns, manors, dis- tricts, and precincts, within such counties respectively, according to what may be deemed the quantity of the said articles respectively raised within each town, manor, p^sS^ to ^be precinct and district. That the supervisor's clerk, in tt^wt^m^l',^^^^ county, shall, forthwith after the passing of this ^'o- act, by circular letters to be dispatched by special messen- gers, call a meeting of the supervisors for the purpose aforesaid. That the supervisor's clerk in each county, (and who is hereby required to attend such meeting) shall, forthwith after such apportionment shall be made, cause, by special messengers, the several supervisors, who shall not be present at such meeting, to be served with a notice, in writing, of the quotas of their respective towns, manors, districts, and precincts. That in case of the death or absence of the supervisor such notice Assessors to be shall be Served upon either of the assessors. That the convened and . , . make assessment, ggyera,! supervisors shaU, forthwith after such apportion- ment shall be made, or in case such notice as aforesaid shall be served upon an assessor, then such assessor, shall convene the assessors of the town, manor, district, or precinct. That the assessors, when so convened, shall assess upon such of the inhabitants, within the town, manor, district, or precinct, the proportion of the quota thereof, to be furnished by the inhabitants respectively, according to what, in the judgment of the assessors, to'be'^fivereno ^^''^ inhabitant may be deemed able to spare. That the agent. respective assessors shall have certified copies of the respective assessments ready to be dehvered to the agent hereinafter mentioned, or one of his assistants, on or LAWS 01' ITEW YORK, 1'780. 64? before the first day of August next. That the said agent, be^notlfiS'^and or any of his assistants, shall as soon after the first day of '" ^^^^ delivery. August next, as he shall deem it necessary, notify the several inhabitants of the respective quantities of the several articles they shall be respectively assessed to furnish and of the place, not exceeding sixteen miles from their respective habitations, where the same shall be delivered. That the said inhabitants shall respectively dehver, one moiety of the flour or wheat they shall have been assessed to furnish, within ten days, and the other moiety, witliin thirty days, after the same shall be required by the said agent or one of his assistants. That one moiety of the rye, oats and peas shall, if required as aforesaid, be delivered on or before the first day of September next and the other moiety thereof on or before the first day of October next and that the whole of the Indian corn and buckwheat, if required as aforesaid, shall be dehvered on or before the first day of November next. II. And he it further enacted hy the authority aforesaid Expenses ai- . ^ . lowed as contin- That the expence ot convenmg the supervisors and gent charges, assessors shall be paid and allowed as the contingent charges of the county, and the supervisors and assessors shall be allowed severally, for their services and expences, for each day they shall be actually imployed in the execution of this act, the sum of six shillings of the new emission aforesaid, to be allowed and paid in like manner. III. And be it further enacted hy the authority aforesaid^^'"^^^ That if any person, so assessed and notified as aforesaid, ^^^i^^^g^'^^' shall refuse or neglect to dehver, the respective quanti- ties of the several articles which he or she shall be so assessed to furnish, in the manner and within the time above limited, it shall and may be lawful for a justice of the peace of the county, upon the apphcation of the said agent or either of his assistants, to enquire, in a summary way, into such neglect or refusal, and if upon such en- quiry it shall appear to him that such neglect or refusal was wilful he shall, in such case, issue his warrant to any person or persons, who will voluntarily execute the same and to be approved of by the said justice, authorizing the said person or persons to take and seize, of and from the person so refusing or neglecting, the quantity of the articles aforesaid which the said person did so neglect or refuse to deliver; and the person or persons, to whom such warrant shall issue, shall be authorized to make such seizure, and to bseak and enter into the barn, or other 648 REVOLUTIONAEY LEGISLATION. place, where the article, or articles so neglected or refused to be delivered, may be deposited and to use such barn or other place, together with the flails or other implements therein for threshing and cleaning such of the said arti- cles as may be in the straw, and shall transport the said articles, so seized, to the place where the same ought to be dehvered. That the said agent, or the assistant, upon whose application such proceedings shall be had, shall pay the expence thereof, and of the service of the said warrant, and other expences which shall accrue in or about such seizure, and the same shall be allowed as con- tingent expences in the execution of his office; and the article or articles, so seized are hereby declared to be forfeited to the people of this State, and shall be delivered in hke manner with the other suppUes to be procured in pursuance of this act, for the use of the army of the United States, and receipts taken for the same accord- ingly. Provided that such enquiry as aforesaid shall not be had, unless the person charged -with such neglect or refusal shall be previously summoned to answer to such charge and due proof made of the service of such sum- mons ; And provided further that such summons shall not be granted unless due proof shall be previously made that the person, against whom such svunmons is required, was duly notified of the assessment, agmr'fs" mpro^ -^^^ wkereas the emitting of the said new bills may be vided with cash, delayed, and consequently the agent to be appointed to procure the said supphes be unprovided with cash to pay for the same, beyond the time when the said supplies, or a considerable part thereof, will become necessary for the support of the army, and to forward the operations on the part of the United States during the present campaign. be^riven?*'^ '" ^^ ^^ iTiere/org further enacted iy the authority aforesaid That the said agent, or his assistants, may require of the several inhabitants to deliver the several articles, which they shall be respectively assessed to furnish, upon giv- ing to them certificates for the same, to be signed by the said agent, containing the quantity of the articles deliv- ered, and the sum due for the same, and if the same shall be transported, then also the sum due for transportation; and which certificates shall bear an interest, for the amount of the sum or sums therein specified, at the rate of six per centum per annum from their respective dates. Receivable inTJiat the Said Certificates shall be receivable in payment rayment of taxes. . i for taxes, only from the respective persons to whom they LAWS OP NEW YORK, 1*780. 649 shall be given, at the same rate with the bills of the said new emission; and if the sum expressed in a certificate with the interest thereof, shall exceed the amount of the tax to be paid by the person possessing the same, it shall be lawful for the collector, if he shall have in hand monies, received for taxes sufficient for the purpose, to pay to such person, out of such monies, in exchange, the amount jq^^^^I^™^"' of such excess. That whenever any certificate shall be so paid in for taxes, the person, paying the same, shall endorse thereon the day when the same was paid, and the interest on such certificate shall be deemed to cease from such day. That the said agent shall cause a com- petent number of certificates, for the purpose aforesaid, to be printed, of such form and in such manner as he, with the treasurer of this State for the time being, shall deem most proper for preventing frauds and counterfeits. That the treasurer shall charge the said agent, signing the said certificates, with the amount thereof as they shall from time to time come into the treasury. And he it further enacted hy the authority aforesaid Thsit ^^^^^l„\^\l where rents are reserved in wheat and to become due ^''fj^'^i^P^f ™'°' after the first day of August next, it shall be lawful in such cases for the tenant, having been assessed and fur- nished a quantity of wheat in pursuance of this act, to pay, to the land-lord one eighth part of such rent, in money, according to the price of wheat as herein before specified. And he it further enacted hy the authority aforesaid That j^^jSent, appoint- as soon as conveniently may be, after the passing of this act, it shall be lawful, for the person administring the government of this State for the time being, by and with the advice and consent of the council of appointment, to appoint, during the pleasure of the said council, by warrant under his hand and the privy seal of this State, an agent to procure the said supplies to be procured, in pursuance of this act, on the account and credit of this State for the use of the United States. That the said agent shall, immediately after his appointment, and acceptance of office, enter upon the business of procuring the said supplies. That the said agent shall not be authorized to pay, for any articles, which may be neces- sary to make up the deficiencies in the assessment afore- said, and shall not be authorized to pay for cattle, beef, pork, or hay to be purchased on the account of this State, an}'' prices greater than the prices allowed by congress as above recited. 650 EEVOLUTIONAEY LEGISLATION. be'empi^ed™^^ ^^- ■^'^ ^^ it further enacted by the authority aforesaid That the said agent may employ such and so many assistants, in the different parts of this State as the person administring the government of this State for the time being shall approve. That the said agent shall be re- sponsible for the conduct of his assistants as to the as"to'^?e°tu?™' expenditure of monies. That the said agent shall make s a^r y -"g en™?ai ^^^ transmit duplicate and monthly returns, the one to of army, etc. ^j^g persou administring the government of this State for the time being, and the other to the board of war of the United States, specifying the quantities issued in each preceeding month. That the said agent shall correspond with, and take directions, from the commissary general of the army of the United States in furnishing such parts of the beef cattle, to be supplied by this State, as the said commissary general shaU, from time to time, have occa- sion for, in order to supply the army with fresh beef throughout the different seasons of the year; and that the said agent be authorized to agree with the said com- missary general, or his deputies or assistants authorized to receive the same, respecting the mode of ascertaining the weight of all such cattle as shall be furnished by this State for the use aforesaid. That the said agent shall cause the said supplies to be transported to and delivered at such places, within this State, as the commander in chief of the army of the United States shall from time to time direct. That it shall and may be lawful for the person administring the government of this State, for the time being to grant warrants, upon the treasury of this State, in favor of the said agent for such sxun. and sums of money as the said person administring the gov- ernment shall judge necessary; and the treasurer is hereby authorized and required to pay the same out of such new bills, to be emitted in pursuance of the act of congress of the eighteenth day of March last, as may from time to time be in the treasury. ther'^Irsons'to VIII. Arid he it further enacted hy the authority afore- FonSse^farmy"^^*'^'^^ That it shall uot be lawful, after the first day of August next, for any person, except the agent above mentioned and his assistants, to purchase any provisions or forage within this State for the use of the army, and every person who shall so purchase shall be punished by fine or iinprisonment, in the discretion of the court before whom the conviction shall be had; and the courts of LAWS OF NEW YORK, 1780. 651 quarter and general sessions of the peace shall have cogni- zance of the said offence: Provided nevertheless that nothing herein contained, shall be construed to prohibit the said agent or his assist- ants from purchasing on the account and at the expence of the United States. And provided that nothing in this clause contained shall be construed to prohibit such person or persons, as the person administering the government of this State for the time being shall by writing under his hand, and upon such emergencies and occasions as he shall deem proper, be authorized for the purpose, from purchasing provi- sions or forage within this State for the use of the army. IX. And he it further enacted hy the authority aforesaid oomt°over' ^ That the said agent shall, once in every six months, StS-'MnSai'' ^"" accou t with the auditor general of this State for the monies he shall have received from the treasury of this State; and if the said agent shall refuse or neglect so to account, that it shall then be lawful for the said auditor general, to cause a suit in assumpsit for monies received to the use of the plaintiff, to be commenced in the supreme court of this State, in the name of the treasurer of this State, against the said agent; and it shall be lawful for the said court in every such suit to order the same to be referred, agreeable to the directions of the act "for the better determination of personal actions depending upon accounts," and the sum, to be found by the report of the referees for the plaintiff shall, upon being received by the treasurer, be credited to the account of the said agent; and if the referees shall report that there is nothing due from the defendant, the treasurer shall, in such case, out of any monies which may then be in the treasury, pay to the defendant his costs to be taxed. X. And ie it further enacted by the authority aforesaid, ^^compensation That the said agent shall be allowed and paid, quarterly, for his services, in procuring the said quota of supplies, to be procured in pursuance of this act, and all such other supplies as he may procure on the account or credit of this State, exclusive of the pay and wages of assistants, clerks and messengers and exclusive of travelling ex- penses when on public business, and paper and other incidental charges, in lieu of every other salary, com- mission or emolument whatsoever, at and after the rate of eight hundred pounds per annum, payable in the said new bills. 652 EEVOLUTIONABY LEGISLATION. bie*^to "^^Fnited ^^- ^™^ ^^ it further enacted by the authority aforesaid, states. That this State shall be responsible, to the United States, for the conduct of the said agent, when imployed to pur- chase upon the account or credit of the United States as to the expenditure of monies which he may receive from the treasury, or upon the account, of the United States, liv^red *^ ''short ^i^- -^nd he it further enacted hy the authority afore- forage. said, That the said agent shall cause the bran, of the wheat to be procoured on the account of this State and manufactured into flour, to be delivered as part of the aforesaid quota of short forage, and the same shall be charged to the United States at the rate of one quarter of a dollar, of the said new bills, per bushel. Hides of cattle XIII. And he it further enacted hy the authority afore- state. said. That it shall be lawful for the said agent, from time to time, whenever the same can conveniently be done, to reserve, for the use of this State, the hides of such cattle as he shall from time to time procure upon the account of tliis State, and cause the same to be collected, and delivered to Peter T. Curtenius Esquire, commissary to purchase clothing for this State, to be by him exchanged for, or manufactured into, leather or shoes, or otherwise disposed of, as he shall deem most advantageous for the State, and best calculated to answer the purpose of providing the troops of this State, in the service of the United States, with shoes. And whereas it is probable that certain cases may arise which cannot be foreseen, and consequently for which no particular provision can be made. Agent m spe- XIV. Be it therefore further enacted hy the authority CiSil C3S6S lO Ou6y i» 1 i» 1 - 1 orders of so^- aforcsaid, That it shall be lawful, for the said agent, in the execution of his office, m such cases where no special provision is made by this act, to obey the orders of the person administring the government of this State for the time being. Topossesssome XV. And he it further enacted hy the authority afore- to™ito?|enS said. That the said agent, and his assistants, shall be, and are hereby, vested with the like powers, for im- pressing teams, carriages, horses, and other draft cattle, as the quartermaster general of the army of the United States, or any of his deputies, or assistants, are, or were, vested with by any law of this State, which was ia force on the first day of this iastant month of June. And in order to prevent a monopoly of neat cattle or beef, within this State, and more effectually to prevent the enemy from receiving suppUes thereof: LAWS OP NEW YORK, IISO. 653 XVI. Be it further enacted hy the authority aforesaid, p^^S"^ ne^ That if any person shall, after the expiration of eight "^"'^ *° ^"^ days from the passing of this act, purchase any neat cattle of the age of two years or upwards, or beef, (except such persons as are herein after authorized to purchase) with intent to sell the same again, such person shall be deemed, and hereby is declared, to have committed an offence against the people of this State, and shall be indicted and tried for the same, at any supreme court of judicature, or court of oyer and terminer and general gaol dehvery, or court of general or quarter sessions of the peace, to be held in the county where the offence shall arise, and shall upon conviction forfeit the sum of twenty pounds for each bull, ox, cow, steer, or heifer, and five pounds for every hundred weight of beef, bought with latent to be sold again. And farther, that it shall be lawful for any person, or persons to take, seize, and convert to his, her, or their own use, any neat cattle or beef as aforesaid; and in any suit which may be brought, against such person, or persons, by reason of such seizing, taking, and converting to his, her, or their own use, it shall be lawful for the defendant, or defendants, to plead the general issue, and upon the trial to give in evidence that the neat cattle, or beef, so seized, and taken, was, by the person, to whom the same be- longed at the time of the seizing and taking thereof, bought, after eight days from the passing of this act, with intent to be sold again, and if such special matter shall be proved, to the satisfaction of the jury, they shall find a verdict for the defendant, or defendants, and who shall in such case recover costs to be taxed. Provided that nothing, in this clause contained, shall be construed to extend to, or affect, the agent to be appointed in pursuance of this act, or any of his assist- ants licenced by him, or any person or persons, authorized by the person administring the government of this State for the time, beiag by writing under his hand, to purchase provisions for public uses, or to any butcher, licensed by any three justices of the peace, within this State, by writing under their hands, or to any persons who, having sufficient pasturage, hay, or grain for improving or fattening cattle, shall have a licence under the hands of three justices of the peace of the county, where such persons shall reside, authorizing such persons respectively to purchase cattle to be improved and 654 BEVOLUTIONAEY LEGISLATION. fattened, or to such persons as may be licensed by the corporation of the city of Albany to supply their fairs and markets during the month of November. proolImaSon 'S XVII. Avd he it fuHher enacted hy the authority afore- estabiish lines, g^^g^ rj.^^^^ j^ ^j^^jj ^^ kwful, foF the persou admiuistring the government of this State for the time being, from time to time by proclamation, to assign a line, or lines, in the counties of Westchester, and Orange, to the south- ward of which no neat cattle or beef shaU be driven or removed, imless such cattle or beef are intended for the use of troops in the service of the United States or of this State, or unless such cattle, being draft cattle, shall be actually employed in public service; and if any per- son shall, after eight days from the date of such procla- mation, drive or remove, or cause or procure to be driven or removed, any such cattle or beef from any place, within this State to the northward, to any place within this State to the southward, of the line or lines to be assigned in such proclamation, unless such neat cattle or beef shall be intended for such use as aforesaid, or shall be employed as aforesaid, such person shall be deemed, and hereby is declared, to have committed an offence against the people of this State, and shall be indicted and tried for the same, and shall upon convic- tion, suffer the same penalties, and all such neat cattle and beef shall be liable to seizure, in like manner as is above prescribed in cases of purchasing neat cattle and beef with intent to be sold again; and it shall in hke manner be lawful for the defendant or defendants, in any suit which may be brought by reason of such seizing . as last aforesaid, to plead the general issue and give in evidence, that the neat cattle or beef, so seized, was after the time above hmited, driven or removed to the south- ward of such hne or Unes as aforesaid; and if such special matter shall be proved to the satisfaction of the jiuy, and if the plaintiff or plaintiffs shall not thereupon prove that the said neat cattle or beef were intended for the use of troops in the service of the United States or of this State, or that the said cattle, being draft cattle, were so employed as aforesaid, the jury shall find a verdict for the defendant or defendants, who shall also recover costs as aforesaid; And further that collusive seizures in either of the cases aforesaid shall be void, and which may also be given in evidence on the general issue. LAWS OF NEW YORK, 1180. 655 And whereas a requisition hath been made upon this jg^^?]Jf °„ '^ ^ State, by a committee of congress, for a quantity of pro-™™™"*'"'"'"'' visions to be delivered at the city of Albany, monthly, for the space of five months from the first day of July next, and, in order to procure the said provisions, assess- ments of wheat or flour and neat cattle have been made throughout the State; the flour or wheat to be delivered immediately after the twenty fifth day of this instant month of June, and one fifth part of the said cattle to be delivered on the same day, and a hke fifth part to be delivered on the twenty fifth day of every month there- after, for the space of four months. XVIII. Be it therefore further enacted hy the authority ^ ^l\\\^^l^J, aforesaid, That the said assessments shall be, and are, pfovLioSs e^'.^"' hereby confirmed and declared legal. That the said agent, or any of his assistants, shall be authorized to collect and receive the said quantities of provisions last mentioned, and deliver the same over to the person, properly authorized to receive the same on behalf of the United States, and that if any person shall refuse or neg- lect to deliver the quantity of flour or wheat so assessed upon such persons, when thereunto required, at any time after the twenty fifth day of this instant month of June, by the said agent or either of his assistants, the delivery thereof shall be compelled in like manner and under the same penalties as is herein before directed with respect to the several matters concerning the other supplies to be furnished in pursuance of this act. That if any person, assessed to furnish neat cattle, shall refuse fu^™ to^ deiivM or neglect to deliver the same, when thereunto required °*'"*- by the said agent or either of his assistants, at any time after the respective times when such neat cattle ought in pursuance of such assessments to be delivered, the delivery thereof shall be compelled, and the same shall be subject to seizure and forfeited to the people of this State, in like manner as is herein before directed with respect to flour or wheat. That the supply of provisions, last mentioned, shall be paid for in like manner, and at the same prices as is herein before directed with respect to the other supplies to be furnished in pursuance of this act. That the incidental expences of making the said assessments, and notifying the several persons of the quantity of provisions assessed upon them respectively, (except the wages of the supervisors and assessors, which shall be paid as the contingent charges of the county, in 656 REVOLUTIONAEY LEGISLATION. like manner as is herein before directed), shall be paid by the said agent or either of his assistants; which shall be allowed as contingent expences in the execution of his ofhce. That the said supply of provisions last men- tioned, shall be considered as a part of the quota of pro- visions required of this State by congress as aforesaid; and that if the said supply of flour or wheat, last men- tioned, shall be sufficient to make up the deficiencies in the assessments first herein before mentioned, it shaU not be lawful, for the said agent or either of his assistants to make any farther purchases or flour or wheat upon the account or credit of this State, requisitton ^^ te ^^ wheveas a requisition hath been made upon this draft horses. State, by the committee of congress aforesaid, for six hundred draft horses, and in consequence thereof agents have been employed in the different parts of the State to purchase horses upon the credit of this State, upon prices to be ascertained agreeable to the value of the said new bills; and the said agents have been respec- tively furnished with certificates signed by the treasurer of this State, with blanlis as to the names of the persons to whom they shall be given, and as to the sums and dates by the tenor of which certificates the said several persons to whom they shall be given or their assigns, will be intitled to receive, from the treasury of this State after the expiration of six months from the respective dates of the said certificates, with interest at the rate of six per centum per annum, the sums therein expressed, in gold or silver, or the said new biUs and, at any time until paid, to be receivable in payment for taxes, at the same rate with the said new bills, b/'^gmte^'jegai- XIX. Be it therefore enacted ly the authority aforesaid, ™^- That the purchases of horses by the said several agents upon the credit and account of this State, the signing of the said certificates by the treasurer, and the com- pleating thereof by filling up the said blanks by the said agents respectively, are hereby confirmed and declared legal. That it shall be lawful for any collector, within this State, to receive in payment for taxes any certificate, of the tenor aforesaid, signed by the treasurer, at the same rate with the said new biUs, in like manner as is herein before directed with respect to certificates from the agent, to be appointed in pursuance of this act to procure supplies. That the said several agents shall from time to time deliver, or cause to be delivered, the LAWS OF NEW YORK, 1180. 657 horses to be by them respectively purchased to the deputy quarter master general of the army of the United States, within this State, or to such person as shaU be properly authorized to receive the same in behalf of the United States. That the said several agents shall be allcwed, besides their respective actual expences, and the incidental charges of, purchasing and collecting the said horses, and keeping and subsisting them until they shall be deMvered, for their respective services, in pur- chasing the said horses, at the rate of three dollars of the said new biUs for each horse they shall respectively pur- chase. That the said several agents shall make return to the treasurer of this State, of their respective purchases, to contain the names of the several persons to whom su(;h certificates shall be given, and the sum expressed in each certificate. That the said several persons shall be in- titled to receive from the treasury, and the treasurer is hereby authorized and required to pay the same, out of any monies which may then be in the treasury, the amount of their accounts of expences and services, upon their being respectively audited by the auditor general of this State, who is hereby required to charge the same together, with the amount of the said purchases, to the account of the United States. [1780, p. 281.] CHAP. 74. AN ACT to provide pasturage for the use of the army. Passed the 30th of June, 1780. Whereas great abuses have been committed in procur- Preamble, ing pasturage for the use of the army, and in order that the same may in future be more effectually provided, and in a way least oppressive to the subjects of this State. Be it enacted hy the People of the State of New Yorlc iJ^^"^^^^^^^^ represented in Senate and Assembly and it is hereby en^^°^^^^ °^ ^^^ acted by the authority of the same, That upon apphcation of the quarter master general, or either of his deputies to any justice of the peace, or in case there shall be no justice, the supervisor, residing in any town manor district or precinct within this State for pasture for the purpose aforesaid, and at the same time acquainting him with the number of horses, or cattle for which pasture is required, the time when and how long the same will be 37639°— 18 42 658 REVOLUTIONARY LEGISLATIOlir. wanted, it shall and may be lawful for such justice, or supervisor, as the case may be, and he is hereby author- ized and required, forthwith to issue his warrant, or warrants, to any two reputable freeholders residing in such town, manor, precinct, or district, to impress within the same, as many pastures, as they may judge sufficient, of and from such of its inhabitants, who in their judgment can or may with the least damage spare the same, and at the same time appraise the value of the use of the said pastures respectively, for the time that the same shall be impressed. madebyfreSoid^ ^''^^ ^^ '^^ further enacted hy the authority aforesaid, That ers, etc. ^^xe freeholders so to be appointed are hereby authorized and required to make such impress and appraisement, and shall dehver to the owner of the said pasture or leave at his or her usual place of abode an account in writing specifying the same, and immediately thereafter return to such justice or supervisor as the case may be the number of pastures by them impressed, their situa- tion, appraisement name of the owner, and the number of horses, or cattle, which they may severally pasture, which return shall be ready to be delivered by such jus- tice, or supervisor, to the quarter master general, his deputy or assistant, when called for, and the said quarter madi™™' *° ^^ master general, or his deputy shall pay to the respective owners of such pastures the sum at which the same shall have been apppraised, and the said quarter master general or his depty shall likewise pay such damages as may be sustained by any person or persons whatsoever, upon the account of the said horses and cattle breaking out of the said pastures into their inclosures, to be appraised by two reputable freeholders for that purpose appointed by a justice of the peace or the supervisor of the place, as the case may be, and the said quarter master general or his deputy, shall pay to the persons making the impress and appraisement as above directed, and likewise to the persons making appraisement of damages, a reasonable reward for their services, and shall Allowance to]i]jewise pay to the justice or supervisor, as the case justices, etc. i r i i ■ i i • j i • may be, for each warrant to be issued by virtue of this act, and the other necessary service attending the same, the sum of six shillings in bills of the new emission, or thirty doUars in continental currency, and if any person to whom such warrant shall be directed shall neglect or refuse to execute the same, they or either of them shall for each LAWS OF NEW YOBK, 1780. 659 offence forfeit the sum of ten pounds to be recovered in a summary way before any justice of the peace of the county where the same shall happen, the one-half to the poor of the place where the same shall happen, and the other to the quarter master general, or deputy prosecuting for the same. PASSED AT FOURTH SESSION BEGINNING AUGUST 9, 1780. [1780, p. 292] CHAP. 2. AN ACT more effectually to draw forth the quota of supplies allotted to this State; to procure further supplies, and to repeal the laws pro- hibiting the exportation of flour, meal and grain out of this State, and the purchases, * * * of flour meal and wheat with intent to be sold again. Passed the 22d of September, 1780. Whereas it is necessary that means should be devised Preamble. for procuring a part of the quota of beef-cattle required of this State for the use of the army: Be it therefore enacted hy the People of the State of New be^p/ocured" by Yorlc represented in Senate and Assembly, and it is hereby assessment. enacted by the authority of the same, That there shall be procured by assessment, the following number of beef cattle within the following counties, that is to say, within the county of Albany, three hundred head; within the county of Ulster, one hundred and fifty head ; within the county of Dutchess, four hundred and seventy five head ; within the county of Orange, one hundred and fifty head; and within the county of Westchester fifty head — '^'iia,t^.^^^^^\^J^_ the quotas hereby assigned to the several counties shall '■^• be apportioned to and among the several towns, manors, districts and precincts, and the assessments made in like manner as is directed with respect to the assessments of wheat in any by the act entitled, "An act to procure sup- plies for the use of the army, and to prevent a monopoly of cattle within this State, and more effectually to prevent supplies of cattle to the enemy." That the cattle, so to be assessed, shall be of the age of three years or upwards — Ageofoattie. That the assessors shall forthwith, after they have com- pleated the assessment, cause the several persons assessed notrnXof ^esl to be notified of the number of cattle they are respec-""™'- tively to furnish — ^That the said persons shall respectively deliver to the purchasing agent for this State, or one of ^"(fJ'^JJ '^^° his assistants, the number of cattle they shall be respec- ^^^^j" '' * ^ '" s 660 EEVOLUTIONABY LEGISLATION. tively assessed to furnish, at sucli time and at such place, not exceeding five miles from their respective habita- tions, as the said agent, or either of his assistants, shall notify for the purpose, under the like penalties as is pre- scribed by the said act for a neglect or refusal to deliver wheat; and upon delivery shall be entitled to payment for the same, or such certificate as is mentioned in the said act; and also be allowed the prices specified in the persons^" to^ be ^'^^'^ ^^^ — Provided, that nothing herein contained, shall assessed. ^g construed to subject any person to be assessed, unless such person shall in the judgment of the assessors be deemed to be possessed of beef -cattle, beyond what may be necessary for the use of his or her family. And whereas it is also necessary to provide magazines of flour for public uses, tobe^focuredb^' -^^ '^^ t^^^^^f ore further enacted by the authority aforesaid, assessment. That fivc thousand eight hundred barrels of fiour (each barrel to contain at least one hundred and three quarters of flour) or twenty nine thousand bushels of wheat, shall be procured by assessment, within the counties of Albany, Dutchess, Ulster, Orange, Tryon and Charlotte, in the fol- Quotas. lowing proportions, that is to say, within the county of Albany, two thousand six hundred * * * barrels of flour, or thirteen thousand * * * * bushels of wheat; within the county of Dutchess one thousand six hundred barrels of flour, or eight thousand bushels of wheat; within the county of Ulster six hundred barrels of flour, or three thousand bushels of wheat; within the county of Orange three hundred barrels of flour, or one thousand five hundred bushels of wheat; within the county of Tryon, six hundred barrels of flour, or three thousand bushels of wheat, and within the county of Charlotte, one hundred barrels of flour or five hundred bushels of wheat — That the quotas hereby assigned to the said sev- tioned** among ^"^^^ countics shall be apportioned to and among the towns. several towns, manors, districts and precincts, and the assessments made in like manner, and the whole of the flour or wheat assessed upon each respective person, dehvered, when required by the said agent, or either of his assistants, at any time after the first day of January next, under the Uke penalties as are mentioned in the said act; and that the assessors as soon as they shall have compleated the assessment, shall cause the several inhab- itants to be notified of the quantities of flour or wheat they are respectively assessed to furnish, and that the LAWS OF NEW YOBK, 1780. 661 assessors shall have certified copies of the assessments ready to be delivered to the said agent, or one of his assistants, on or before the twenty fifth day of October next. And le it further enacted hy the authority aforesaid, That chts?°n™ccmmt it shall be lawfull for the said agent to purchase wheat or"'^'^**- flour upon the account and credit of this State, at any price not exceeding the prices mentioned in the said act, and to give to the several persons from whom the same shall be purchased, such certificates as aforesaid. And he it further enacted by the authority aforesaid, That Agent, duties the said agent, shall after the passing of this act, cause all the flour and wheat which hath been assessed in pur- suance of the act aforesaid, to be collected and to be deposited in proper magazines, and shall cause all the wheat he hath heretofore collected, or which he may hereafter collect to be manufactured into flour, as soon as conveniently may be — That where assessments of any j^^^^^^o^^^^^yf articles have been, or shall be directed by law to be made, ™press. and partial, or no assessments shall have been made, or where the flour or wheat or cattle, hath not been de- livered by the respective persons who have been assessed to furnish the same within the time hmited for that pur- pose, it shall be lawful for the person administring the government of this State for the time being, to issue a warrant of impress to the said agent, or either of his assistants, or such other persons administring the gov- ernment may deem proper to be employed for the purpose, to impress within the town, manor, district or precinct, where partial or no assessments have been made, the whole quota assigned to such town, manor, district or precinct, or where partial assessments have been made, to impress the deficiency of such town, manor, district or precinct, or to impress from the several persons who have been assessed, flour, wheat or cattle, and have not delivered the same within the Umited time, the flour, wheat, or cattle assessed upon the said persons respec- tively, as the case may be. And ie it further enacted by the authority aforesaid, That t.e'^Tven'^'^^ *" in all cases where the said agent, or either of his assistants, shall procure, by impress, any articles upon the account and credit of this State, it shall be lawful for the said agent, or his assistant, making such impress to give to the several persons from whom such articles shall be impressed, such certificates as aforesaid, for the same. 662 REVOLUTIONABY LEGISLATION. diScrs'^iu" to ^'^ ^^ ** further enacted hy the authority aforesaid, That be disposed of. g^g gQ^jj g^g ^j^g gg^j^j agent shall by assessment, impress or purchase, have procured, upon the account and credit of this State, a quantity of wheat and flour equal to the quantity of flour allotted as a quota to this State, and shall be possessed of a surplus so procured as aforesaid, he shall thereupon certify the person adrninistring the government of the State thereof, and tha^t it shall then be lawful for the said person administring the government to direct such surplus to be disposed of in such manner as he shall deem most advantageous for the State, tie^howto'be'dfr -^™^ ^^ ^* further enacted hy the authority aforesaid, termined. That the Supervisor or supervisors shall appoint three reputable inhabitants to estimate the weight of all beef- cattle which may be procured by assessment or impress within the town manor, district or precinct and the said inhabitants, or any two of them, shall be author- ized to estimate the weight of all such beef-cattle. That the said inhabitants before they proceed to estimate the weight of any cattle, shall each take the following Form of oath. Qath bcforc a justice of the peace of the coimty, viz. I, , appointed to estimate the weight of beef-cattle, do solemnly swear and declare in the presence of Almighty God, that I will execute the trust reposed in me, honestly and impartially, to the best of my skill and judgment. So help me God. That the said inhabitants shall each be allowed the Compensation, g^jji pf q^q shilling and six pence, of the new emission for each head of beef-cattle the weight whereof they shall estimate, to be paid by the pubMc officer procuring such cattle and if paid by the purchasing agent of this State, and upon the account of this State, the same shall be allowed in his account as contingent expences — That in case of the refusal or inability, to accept or serve, of the inhabitants so appointed, it shall be lawfiil for the supervisor to appoint another in his stead; and in case of the death or absence of the* supervisor, or of his default to make such appointment, it shall be lawful for a justice of the peace residing within the town, manor, district or precinct, and he is hereby required to appoint persons for the purpose aforesaid, who shall severally take the oath and be entitled to the allowance above mentioned. difp^eaor^"^ ^^ ^* ^* furi^er- enacted hy the authority aforesaid, That the bran of the wheat to be procured and manu- LAWS OF NEW YOBK, 1780. 663 factured into flour by virtue of this act shall be dis- posed of in the manner directed by the herein before mentioned act. And ie it further e.nacted iy the authority aforesaid, y^^arni^eS S That whenever the person administring the govern-'"'" ''"'°°'- ment of this State for the time being shall certify to the said agent, that congress hath consented, that this State may make a substitute of flour in lieu of any quantity of beef which may be deficient, after the quan- tity directed by this act to be furnished, is collected, the said agent shall then deliver for the use of the United States, out of any flour in his possession, such quantity of flour, as shall be equal to such deflciency of beef, at the rate of four dollars and an half for every hundred weight of flour and of five dollars and an half for every hundred weight of beef; and that the said agent shall thence forward cease purchasing any beef cattle or beef on account of this State. X. And ie it further enacted hy the authority aforesaid: be^re \aied°afte? That the act entitled, "An act to prevent the exportation ''^'^ '^^™<"i- of flour, meal and and grain out of this State," passe i the fourteenth day of March, one thousand seven hun- dred and seventy eight, and the act entitled, "An act more effectually to provide supplies of flour, meal and wheat for the army," passed the thirty first of October, one thousand seven hundred and seventy eight, shall from and after the fifteenth day of October next, be repealed. [1780, p. 298] CHAP. 6. AN ACT to continue an act, entitled "An act, authorizing the person administering the government of this State, to grant warrants of impress. " Passed the 30th of September, 17S0. Whereas an act entitled "An act authorizing the P^aiii"''- person administering the government of this State, to grant warrants of impress," passed on the twenty-third day of June last, will expire by its own limitation, upon the rising of the legislature at their present meeting. Be it therefore enacted iy the People of the State of New York, represented in Senate and Assembly, and it is^°"^^ hereby enacted by the authority of the same. That the said act shall be and is hereby continued in full force, until the rising of the legislature at their next meeting and no longer. Act named continued m 664 REVOLUTIONARY LEGISLATION. 11780, p. 304.] CHAP. 8. AN ACT to revive and further to continue and amend the several laws relative to the impresses of teams, "forage, timber and fuel, for the use of the army. Passed the 5th of October, 1780. viTCif and^ran- ^- ?^ ^* enacted hy the People of the State of New York, tinued in force, represented in Senate and Assemhly, and it is hereby enacted by the authority of the same, That the act entitled "An act to revive, continue and farther amend the several laws, relative to impressing teams, forage, timber and fuel, billeting troops, and preventing deceit in mak- ing flour casks within this State." Passed the twenty- sixth day of February last, and the act entitled "iin act to amend an act for regulating impresses of forage and carriages, and for billeting troops within this State." passed the twelfth day of March one thousand seven hun- dred and seventy nine, shall be, and hereby are revived, and shall continue in force during the present war, sub- ject to the alterations and amendments herein after mentioned, to toe pound's^ ^^- -^'"^ ^^ "^^ further enacted by the authority aforesaid, That the respective fines of twenty pounds, and ten pounds mentioned in the second section of the said act entitled "An act to revive, continue and further amend the several laws, relative to impressing teams, forage, timber and fuel, billeting troops and preventing deceit in making flour casks within this State," shall be respec- fees°°^forfeiture*^^^^y altered to three pounds — That the fee of twenty ^MUofe's°redSced'° ^o^"^" shiUings to the constable as mentioned in the third section of the said act last mentioned, shall be altered to two shillings — That the forfeiture of sixteen shillings for deceit in making flour casks, as mentioned in the eighth section of the said act last mentioned, shall be altered to five shiUings. That the allowance of twenty four shillings to a justice of the peace for a warrant, as mentioned in the ninth section of the said act last men- tioned, shall be altered to two shillings— and that the several sums herein before mentioned, shall be deemed to be in the bills emitted on the credit of this State, pursuant to the act of congress of the eighteenth of March last. LAWS OF NEW YOBK, 1780. 665 AThd he it further enacted by the authority aforesaid., That ^^^^ ?/ '^t'^^ the agent of this State, and his several assistants, so far ™'^ ^^='^*^°'s- forth as the same may be necessary to procure and trans- port the quota of supphes required of this State and the commissary general, and his deputies, shall be vested with the like powers and authorities, as in and by the said several acts above mentioned, or either of them, are granted to the quarter master general and his deputies. IV. ATid he it further enacted hy the authority aforesaid, pr^s m^* te'ex- That in all cases where warrants of impress shall be Jg^''"^^^y j'^^^^PJ'^ granted by the person administring the government f or '° ^ "" ^""°s- the time being, the person to whom the same shall be granted, may cause such warrants to be executed by any person or persons to be by him deputed for the purpose — That a copy of such warrant with a deputation thereon endorsed under the hand of the said person to whom the warrant shall be granted shall be a sufficient deputa- tion, and that in all cases of such deputations, the prmcipal shall be responsible for the deputy, and in case of misconduct by such deputy in the execution of such warrant, the principal shall be subject to a prosecution at the suit of the people of this State, and to a suit at the suit of the party agreived in like manner as if such misconduct had been committed by the principal in his own proper person. Aind he it further enacted hy the authority aforesaid, That this act shall continue in force during the present war. [1780, p. 318] CHAP. 15. AN ACT authorizing certain persons to make contracts on behalf of this State, with respect to provisions to be procured within the same, for public uses. Passed the 10th of October, 1780. Whereas great embarrassments have arisen in furnish- supplySg Frmc^ ing supplies for the army of the United States, by reason g^ng Jj^ ^^°^^' of large contracts, which the officers of the fleet and army of our great and illustrious ally, now at Rhode Island have thought necessary to enter into with many persons to obtain provisions for the said fleet and army. And whereas it is necessary that measures should be adopted for supplying the said fleet and army, consistent with the means used for procuring supplies for the army of the United States, 666 EEVOLUTIONAEY LEGISLATION. to'ente"fn?o"on'! I- Be it enacted hy the People of the State of New Yorlc, proper^ officers*^ '^^P^^s^^^^'^ i'"' Senate and Assemlly, and it is hereby en- *'"■ acted hy the authority of the same, That it shall be lawful for the honorable Philip Schuyler and John Sloss Hobart Esquires, and Egbert Benson Esquire, or any or either of them, on behalf of this State, to enter into any covenants or contracts with the proper officers of the said French fleet and army, to supply them with such specific kinds and quantities of provisions, and other necessaries, as may be necessary for the use of the said fleet and army, upon such terms, as the said Philip Schuyler, John Sloss Hobart and Egbert Benson, or any or either of them, shall deem beneficial for this State, and consistent with the means used for procuring supplies for the army of the United States. That it shall be lawful for the said Phihp Schuyler, John Sloss Hobart and Egbert Benson, or any or either of them, to meet commissioners or deputies from other States, at such time and place as shall be appointed for the purpose of proposing and agreeing on any terms which they may think proper, for furnish- ing the said supplies for the said French fieet and army appSSt^perSns ^^^ manner aforesaid — That it shall be lawful for the person toto efteet™*"'^'^ ^'ii^i'^istring the government of this State, by writing under his hand, to appoint such and so many persons, as he shall deem proper and necessary, to carry into effect any such contracts or covenants. That the said persons so to be appointed, shall in the execution of the said business, obey such orders and directions as they shall from time to time receive, from the person administring rante^nteeasuryi the government for- the time being — That it shall be ^^' lawful for the person administring the government for the time being, to draw warrants on the treasury of this State, in favor of any person or persons, and for such sum and sums as he shall deem necessary, for the purpose of carrying such contracts and covenants as aforesaid into effect — And that it shall be lawful for the person adminis- tring the government for the time being, whenever he shall deem it necessary, by his proclamation to be issued for the purpose to lay an embargo on the exportation of fiour meal and wheat out of this State, under the same pains and penalties as are mentioned in the act entitled "An act to prevent the exportation of flour meal and grain out of this State," and to continue such embargo for such time as he shall deem proper and necessary. LAWS OP 15^EW YOEKj 1781. 667 II. And he it further enacted ly the authority aforesaid ^^^l^^^^l^H That it shall be lawful for the person administring the '"^^ ''''^^*' ^*° government for the time being, to direct the agent of this State to deliver any quantity or quantities of the wheat which may be procured by assessment, or of the flour to be made of such wheat, not exceeding in the whole twenty thousand bushels of wheat, or a proportional quantity of flour, to such person or persons as the said person administring the government shall appoint, to be applied towards carrying such contracts or covenants into efl'ect, in such manner as the said person administring the government, shall direct — And that all monies which may be received in consequence of such covenants or contracts, shall be by the several persons by whom the same shall be received, paid into the treasury of this State, to be drawn from thence, and to be appropriated towards procuring a quantity of wheat or flour to replace the wheat and flour so to be delivered as aforesaid, in such manner as the said person administring the govern- ment shall direct. [1781, p. 339] CHAP. 24. AN ACT more effectually to collect the deficiencies in assesamenta of wheat and to lay an embargo on the exportation of flour meal and wheat out of this State. Passed the 10th of March, 1781. Be it enacted ly the People of the State of New YorTc rep- o^^^'J^oTtioi^il resented in Senate and Assembly, avA it is hereby enacted ^°'"'^^- by the authority of the same That an embargo shall be and is hereby laid on the exportation of flour meal and wheat out of this State to take effect on the sixth day after the passing of this act and under the same penalties and to be recovered and applied in like manner as is specified in the "Act to prohibit the exportation of flour meal and grain out of this State," passed the thirteenth day of March one thousand seven hundred and seventy eight, as the same is amended by the act, passed for that pur- pose on the twentieth day of October, one thousand seven hundred and seventy nine. And in order to render the said embargo more effectual. Be it enacted by the authority aforesaid That it shall be ^^j^oj^™^'', *^^5: lawful for the person administering the government of^™^"'^^™?^'-!!^ this State for the time being to issue a general warrant ^^^ip/^^Ot^^^^^^: of impress to the agent for this State to impress wheat p"'^'^- 668 EEVOLUTIONAEY LEGISLATION. and flour within this State. That the said agent be in- structed, in pursuance of the said warrant, to impress only such wheat or flour as shall be attempted to be ex- ported. That the said agent be farther instructed, in cases of impresses of flour meal or wheat attempted to be exported, before the said embargo shall take effect, to give to the several persons from whom the same shall be impressed, the usual certificates for the amount thereof; and in cases of impresses of flour meal or wheat seized and condemned as being attempted to be exported, with- out a licence after the sai.d embargo shall take effect, to give to the person making the seizure, the usual certifi- cates, inserting therein that the articles therein men- tioned were seized and condemned, for the amount of the moiety of the flour meal or wheat which by virtue of such seizure such person may be entitled to; and that the said agent be further instructed in his account with the State to charge himself with the amount of the other moiety which by virtue of such seizure accrued to this bai^Tto'conti™e State. That the said warrant and embargo shall not m force. continue in force longer than until there shall have been furnished by or procured within this State for the use of the army of the United States, since the first day of December, one thousand seven hundred and seventy nine, by purchase, assessment or impress to the amount of thirteen thousand nine hundred and sixty nine barrels of flour or an equivalent in wheat, computing five bushels of wheat to one barrel of flour^ and that as soon as from the returns of the said agent or otherwise it shall appear probable to the person administering the government of this State for the time being, that this State hath since the first day of December one thousand seven hundred and seventy nine, including occasional supplies to the militia and Indians, furnished the quota of flour assigned to this State by the act of congress of the twenty fifth day of February, one thousand seven hundred and eighty, forthwith to supercede the said warrant and issue his proclamation for taking off the said embargo, and the said embargo shall from and after the day for that pur- pose to be specified in such proclamation be deemed and is hereby declared to be taken off. Wheat, etc., ^^ jg {^ further enacted by the authority aforesaid from time ol mi- ' f • i <; n- pressment he That in all cascs wherc the said agent or either ot his deemed m posses- ^ i i_ i • t sion of agent. assistants or any person properly deputed by him tor the purpose shall impress any wheat either threshed or LAWS OF NEW YORK, 1781. 669 in the straw or any flour or other article, the said wheat flour or other articles shall from and immediately after and by virtue of such impress be deemed to be in the possession of the said agent and he shall upon the re- moval concealment or detention of the said wheat flour or other articles so impressed, be entitled to recover the value thereof in an action of trover and conversion in his own name with costs against the person in whose possession the same was immediately before the same was impressed and the monies to be recovered in every such suit shall when received by the said agent be credited by him to the State and shall be expended by him in the execution of his of&ce. And ie it further enacted hy tJie authority 0'^foesaid^^^''^\J^l^ That the quantity of wheat and flour furnished under^^^^^f^y^fj or by the authority of this State to Jacob Cuyler Esquire PfJ^y^^J^"^;^^' 'ate deputy commissary general of purchases his agents^'''- or assistants between the first day of December, one thousand seven hundred and seventy nine and the first day of August one thousand seven hundred and eighty, and whereof the said Jacob Cuyler is hereby required to make a return unto his excellency the governor on or before the fifteenth day of March instant shall be deemed and considered by his said excellency as a part of the said thirteen thousand nine hundred and sixty nine barrels of flour mentioned in this act. And whereas in and by the "Act to procure supplies ^^jP^°|'^ ^»^j^^ for the use of the army, and to prevent a monopoly of"'''^'^^^^^^^^*'- cattle within this State and more effectually to prevent supphes of cattle to the enemy" passed the twenty fourth June last it is declared that if any person should refuse or neglect to deliver the respective quantities of the several articles which he or she should be assessed to furnish such person should be subject to the forfeiture in the said act mentioned. And whereas in many instances persons who have been sJ^^^'^t^ ^^ assessed to furnish flour or wheat, were not at the time|||||^g^*_i"^°'''y of the assessment or at any time afterwards possessed of the quantity assessed upon them respectively, beyond what was necessary for seed and the support of their respective families, and in many instances persons have concealed the flour or wheat assessed upon them; by reason whereof the said act with respect to such persons hath proved ineffectual; and it is therefore requisite that further provision should be made for the more 670 REVOLUTIONARY LEGISLATION. effectual collection of the said assessments of the said wheat and flour under the said act. )i6u''^*"\hit B^ ^t therefore further enacted hy the authority aforesaid ferred\o" *"' ""^That in lieu of the said forfeiture if any person assessed in pursuance of the said act shall not within six days after such person shall be notified after the passing of this act by the said agent or either of his assistants or by any person employed by the said agents or either of his assistants for the purpose of the quantity of wheat or flour assessed upon such person, under the act afore- said, and of the pLi,ce where the same is to be delivered, deliver the quantity of wheat or flour assessed upon him or her, the person so offending shall forfeit double the value of the flour or wheat assessed upon such person, and which shaU not have been delivered, estimated at the several prices mentioned in the said act and to be recovered by the -said agent or either of his assistants in the name of the said agent in a summary way before any justice of the peace of the county, and the jurisdic- tion of such justice is hereby extended to such suit not- withstanding the sum in demand may exceed the sum of ten pounds and the justice shall issue execution forth- with after judgment any law to the contrary notwith- standing; and that the said monies when recovered shall be expended by the said agent in the execution of his office and in his accounts he shall credit the State with the amount thereof. deciaraMon^ m. Provided nevertheless that if any person so assessed by^'pOTsoL^not sb^ll prcvious to the commencement of such suit appear wheat,Vto.^ ** "^before the said agent or either of his assistants and de- clare upon oath and which oath the said agent and each of his assistants are hereby authorized to administer, that he or she, the said person was not at the time when he or she was so assessed or any time since, possessed of or did not own the quantity of wheat assessed upon him or her, beyond what was necessary to supply his or her family with bread until the first day of September next after the passing of this act and beyond what he or she hath sown upon his or her farm during the last seed time that in such case it shall not be lawful for the said agent or either of his assistants to commence such suit against the person taking such oath as aforesaid; and further that if upon the trial of such suit as aforesaid, the defendant shall take such oath as aforesaid before the justice before whom such trial shall be had and if the. LAWS OF NEW YOEK, 1781. 671 defendant shall thereupon pay the costs on both sides which shall then have accrued in such suit the justice shall be and is hereby prohibited from further proceeding in such suit. And he it further enacted hy the authority ajoresaid^f^^°^^^^^ That such parts of the said act passed the twenty fourth day of June last as inflict a penalty on persons neglecting or refusing to deliver quantity of articles assessed upon them respectively shall be and are hereby repealed. Provided nevertheless that nothing herein contained ^^"1™^ ""^ '•■ shall be construed to repeal a certain clause in the act entitled an "Act more effectually to draw forth the quota of supplies allotted to this State to procure further supphes and to repeal the laws prohibiting the exportation of flour meal and grain out of this State and the purchases of flour meal and wheat with intent to be sold again" passed the twenty second day of September last whereby the person administering the government is authorized to grant warrants of impress; so as in pur- suance of such warrants there shall be impressed only from the respective persons assessed in pursuance of the said act passed the twenty fourth day of June last the deficiencies of the several articles assessed upon the said persons respectively. [1781, p. 346.] CHAP. 29. AN ACT to explain the act entitled "An act more eKectually to collect the deficiencies in assessments of wheat and to lay an embargo on the exportation of flour meal and wheat ou of thi? State." Passed the 1.5th of March, 1781. Whereas doubts have arisen on the said act whether Preamble, any person is authorized to grant a licence for the exporta- tion of flom- meal or wheat on any occasion whatsoever: for the removal whereof. Be it enacted hy the People of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That it shall be lawful for the ij,,^ °s™™°^ ™^ person administring the government of this State for the *'°" °' ^°™' «*"• time being, by writing under his hand to licence the expor- tation of flour meal or wheat out of this State for such public uses and purposes as he shall deem expedient and imder such limitations, restrictions and regulations as he shall think proper, and that each and every person who shall export any flour meal or wheat under and pursuant 672 EEVOLTJTIONARY LEGISLATION. to such licence shall be and is hereby declared to be ex- empted from any pains or penalties for exporting flour meal or wheat contrary to the said embargo and all flour meal and wheat attempted to be exported under and pursuant to such licence before the said embargo is by the said act to take effect is hereby declared to be exempted from being impressedany thing in the said act to the con- trary hereof in any wise notwithstanding. [1781, p. 361.] CHAP. 42. AN ACT further to continue an act entitled an act authorizing the person administring the government of this State to grant warrants of impress. Passed the 27th of March, 1781. Be it enacted iy tJie People of the State of New- York tinued°taforce?°' represented in Senate and Asserribly and it is Thereby enacted iy the authority of the same, That the act entitled An act authorizing the person administring the government of this State to grant warrants of impress shall be and is hereby continued until the first day of January next. [1781, p. 383] CHAP. 52. AN ACT for repealing the embargo ^aws, and for remitting all penalties under them, and to repeal the law prohibiting the distilling of BpirituouB liquors from grain. Passed the 27th of June, 1781. I. Be it enacted hy the People of the State of Nno York, Laws repealed. j.gpj.ggg^^g^ ^^ Senate and Assembly, and it is hereby en- acted by the authority of the same, That all laws of this State which lay an embargo on the exportation of flour meal or grain out of this State, so far forth as the same or either of them do lay such embargo, shall be and jg^i|(Jj* "** ^ hereby are repealed — That all forfeitures and penalties under the said laws or any of them, for or by reason of an exportation, or an attempt to export any flour meal or grain out of this State contrary to the said laws, or either of them, except in cases where seizures have already been made, and except in case where suits have already been commenced, and are now depending for the recov- ery of any such forfeiture or penalty, shall be and hereby LAWS OF NEW YORK, 1781. 673 are remitted. — That in all cases where seizures have been partieTmay'com- made and no adjudication had thereon, it shall be lawful po™-^"«'^- except in cases where writs of certiorari have already been brought for the removal of such adjudications shall be and hereby are declared good and legal, notwithstanding any defects or erroneous proceedings in such adjudica- tion. II. And be it further enacted iy the authority aforesaid, Act named re- That the act entitled "An act to prohibit the distilling of spirituous liquors from grain" passed the second day of March seventeen hundred and seventy nine, shall be and hereby is repealed. [1781, p. 384.] CHAP. 54. AN ACT for obtaining a supply of flour for the army. Passed the 29th of July, 1781. Be it enacted ly the People of the State of New Yorlc, rep-^^^^^^ ll^^_ resented in Senate and Assembly, and it is hereby enacted by aite^atiSS*'^' *" the authority of the same, That the act entitled "An act 37639°— 18 43 674 REVOLUTIONARY LEGISLATION. for procuring a quantity of wheat by an equal tax in kind," passed the twenty seventh day of March last, shall forthwith be carried into execution, subject to the altera- Forieiture, etc. jj^j^g j^gpein after mentioned, that is to say: — ^That each person who shall not, within the time limited, deliver the quantity of wheat at which he or she shall be taxed, shall, instead of double the value of the wheat as speci- fied in the said act, forfeit the sum of twelve shillings in gold or sUver for each bushel not delivered, and in every case where a conviction shall be had a special clause shall be inserted by the justice of the peace in the execution requiring the said penalty to be levied in gold and silver — that in cases of abatements by the supervisor the re- spective persons shall notwithstanding be liable to pay the several quantities of wheat abated, under the penalty herein before mentioned, so as the said persons shall not be compelled to deliver the wheat so abated before Part repealed, ^he tenth day of August next. — ^That such part of the said act as authorize's persons who may be taxed not exceeding one bushel of wheat, to pay paper currence be^Se°to S)W instead of wheat shall be repealed — That in all cases it of whJat. ™^'®^*' shall be lawful, at any time before the expiration of the said time limitted to pay monies in gold or silver instead of wheat, at the rate of eight shillings in gold or silver for each bushel of wheat, and further that it shall be lawful for each person who shall be taxed exceeding five bushels of wheat, to deliver flour instead of wheat at the rate of one hundred weight of flour for every two io^?ay°not^th- ^nd an haK bushels of wheat. That the respective have" 'no°" been P^^^^ns who have furnished wheat in pursuance of the wheatVmSied ^ct entitled "An act more effectually to draw forth the under act named. q^Qj-g^ of Supplies allotted to tMs ' State, to procure further supplies, and to repeal the laws prohibiting the exportation of flour meal and grain out of this State, and the purchases of flour meal and wheat with intent to be sold again" passed the twenty second day of Sep- tember last, shall be liable to pay the several quantities of wheat at which they are respectively taxed notwith- standing the said persons may not have been paid for the flour or wheat furnished by them in consequence of the said act passed the twenty second day of September last, so as they shall not be compelled to deliver the flour or wheat at which they shaU be taxed in consequence of the said act passed the twenty seventh day of March last before the first day of September next. * * LAWS OF NEW YORK, 1782. 675 And provided further that it shall be lawful for the said ^^y S^'^certX persons to pay the certificates which they may have°^'^=- respectively received for the flour or wheat furnished by them in consequence of the said act passed twenty second day of September last, instead of the wheat which they may be respectively taxed in pursuance of the said act passed the twenty seventh day of March last, at the rate of twelve shillings of the sum specified in such certificate for each bushel of wheat at which they may be respectively taxed — ^That such part of the said g^,^^' °' *"' ™" act passed the twenty seventh day ^f March last as directs the agent to apply the monies which may come to his hands in pursuance of the said act to the payment of the said certificates last mentioned shall be repealed and that the monies, which may come to the hands of the said agent in pursuance of this act and arising from payments in specie instead of wheat, shall be applied by the said agent, in purchasing wheat or flour, and to no other purpose whatever. PASSED AT FIFTH SESSION BEGINNING AUGUST 9, 1781. [1782, p. 482] CHAP. 40. AN ACT for the further direction of the State agent, with respect to forage, and the collection of specific supplies. Passed the 13th of April, 1782. Whereas the army of the United States heretofore ^'re^mbie. have taken and been suppUed with forrage, pasture, firewood, timber and other articles belonging to this State, without any account having been taken or vouchers given for the same — And whereas it is probable that the army will operate jjj|,^^^ agent to in this State in the ensuing campaign, and it may there- P}"'P^°^|gO' sup- fore be necessary that they should be furnished with similar articles belonging to this State, or the inhabi- tants thereof, and in order to obtain payment therefor it is requisite that some person should be appointed to take account thereof, receive vouchers, and superintend the same — I. Be it therefore enacted by the People of the State of New York, represented in Senate and Assembly, and it is 676 BEVOLTJTIONAKY LEGISLATION. etZf'how to'^bi^^^^^y enacted hy the authority of the same, That it shall determined. [^^^ g^^j jg hereby made the duty of the State agent, either by himself, or such deputy or deputies as he shall appoint, to attend the army whenever the said agent shall judge it necessary for the purpose of supplying the said army, or any detachment thereof, with any forage or pasture belonging to this State, which the quarter master general or any of his deputies may apply for to the said agent or his deputy, and to receive payment or proper certificates or vouchers for the same, according to the valuation which shall be agreed on by and between the said agent or his deputy, and the quarter master general or his deputy. And in case of any such suppUes of forrage, grass, timber, wood or other articles belong- ing to this State, being furnished to, or supplied for the use of the army, if the said agent or his deputy cannot agree with the quarter master or his deputy upon the value of any such article or articles so suppUed or taken, or cannot agree on one or more persons to determine the same, to ascertain the value thereof, it shall be lawful for the said agent or his deputy to choose one person, provided the quarter master or his deputy will choose another person, which two persons so chosen, in case they cannot agree may choose a third person, and the judgment of any two of the said three persons so chosen, shall be binding in respect to the value. and quantity of such article so taken or supplied. II. And he it further enacted hy the authority aforesaid, Ibid. That it shall be, and it is hereby made the duty of the said agent or his deputy, in like manner as aforesaid to agree on the value of any forrage, pasture, timber, wood or other articles, which may be supplied to the army as aforesaid, from any farm or plantation where no person is in possession thereof, although the same may not be the property of the State, and to receive the money or take a certificate therefor; noting in a book to be kept by him for that purpose, the quantity and value of such articles and the name of the person to whom the same may be deemed to belong. III. Anxl he it further enacted hy the authority aforesaid, iwd. That whenever the army shall be furnished with any forrage, pasture, timber, wood or other articles, from the farm or plantation of any person who may be in posses- sion of the same, or which may be in possession of any other person by his order or appointment, and any diffi- LAWS or NEW YOBK, 1782. 677 culty shall arise either in ascertaining the value, or in obtaining payment or proper certificates or vouchers therefor, it shall be the duty of the State agent or his assistant, upon application in writing, of any such pereon to agree with the quartermaster or his deputy on the value of such article, or cause appraisment thereof to be made as aforesaid, and to recei've payment or proper certificates or vouchers therefor, to the use of the said person or persons, to whom he shall pay or deliver the same. VI. And it is hereby further enacted hy the authority aforesaid, That the State agent be, and is hereby directed etl,*'"eqieltered by witnesses or otherwise, to ascertain in the best nian-'°''^^^°"'*"'*'^' ner in his power, the quantity and value of the wheat, forage, pasture, firewood and timber, sequestered or for- feited to the people of this State, which has been sup- plied by this State to the United States, or which has been taken or made use of by the army of the United States in this State, for which no account has been made or rendered or voucher given, in order that the same may be charged by this State to the United States. V. And it is hereby further enacted by the authority afore- said, That after the passing of this act, no suit shall be (,o^^°n(, ""jj;^^" commenced by the State agent in pursuance of the act, entitled "An act to procure supplies for the use of the army, and to prevent a monopoly of cattle within this State, and more effectually to prevent supplies of cattle to the enemy," passed the twenty fourth of June, seven- teen hundred and eighty; and that the said State agent shall not commence any suit against any person, whose house barn or 'crop of grain has been destroyed by the enemy since the twenty seventh day of March seventeen hundred and eighty one, and whose name shall be de- livered to the assistant State agent, by the respective supervisors of the different districts, for any tax or assess- ments made in pursuance of an act entitled "An act for procuring a quantity of wheat by an equal tax in kind," passed March twenty seventh seventeen hundred and eighty one, or in pursuance of the act entitled "An act for obtaining a supply of flour for the army," passed the twenty ninth day of June last. 678 EEVOLUnONAEY LEGISLATION. LAWS OF NORTH CAROLINA. [Printed from "The State Records of North Carolina," published under the supervision of the trustees of the Public Libraries, by order of the General Assembly, collected and edited by Walter Clark, Chief Justice of the Supreme Court of North Carolina, Vol. XXIV (Laws 1777-1788), printed by Nash Bros., Book and Job Printers, Golds- boro, N. C, 1906]. SESSION BEGINNING APBIL 14, 1778. [1777, p. 113, 116]. CHAPTER 15. An act to amend an act entitled, An act to establish the militia in this state. Sec. XVIII. Be it further enacted, that no officer or soldier of the militia or regulars in the state shall press any wagon, cart or horse, arms or other things, or anything whatsoever, unless authorized thereto by warrant under the hands and seals of two justices of the peace [not being mUitia officers then in actual service] of the county where such press shall be necessary, and any officer or soldier before he shaU press anything as aforesaid, shall demand the sale peaceably from the owner or possessor thereof, and in case of refusal, shall produce his warrant aforesaid before he proceeds to press, and if the owner or possessor shall still refuse the thing demanded, it shall be lawful to press the same; and every officer or soldier who shall offend against this act, shall forfeit and pay ten pounds for every such offense to the person injured and be liable to the action or actions of the party aggrieved, to be recovered before any jurisdiction having recognizance thereof; and every- thing so pressed or obtained shall be valued by two indifferent persons, on oath, and a certificate of the valuation given by such valuers to the owner or pos- sessor from whom the same shaU be pressed or obtained, in order that if the same siiaU not be restored to the owner or possessor, he may be allowed such valuation by the public. [1778, p. 168] CHAPTER XII. An Act to prohibit the Exportation of Beef, Pork, Bacon, and Indian Corn. I. Whereas the Scarcity of Provisions in this State renders it necessary to lay an Embargo on the Expor- tation of Beef, Pork, Bacon, and Indian Com; LAWS OF NOKia CAROLINA, 1718. 679 II. Be it Enacted by tliQ General Assembly of the State of North Carolina, and it is hereby Enacted by the Authority of the same, That from and after the passing of this Act, no Beef, Pork, Bacon, or Indian Corn, shall be exported out of this State, by Land or by Water, by any Person whatever, except only such as shall be sent thereout for the support of the con- tinental Army, or of any Troops sent out of this State, by the Agents, Contractors or Commissaries, acting under Appointments from thi^ State, or the United States, or any of them, and except also such Quantity as may be necessary for the Crew of any Vessel going out upon a Voyage or Cruize, and such as may be pur- chased by the Agents of the United States, or any of them, as Sea Stores for any Vessels sailing on a Voyage or Cruize in the Service of the said United States, or any of them : And any Person who shall export, or endeavour to export, any Beef, Pork, Bacon, or Corn, contrary to this Act, by Water, shall forfeit the Provisions so endeavoured or attempted to be exported, and the Vessel wherein the same shall be foimd ; and the several Naval Officers in their respective Ports, and the Jus- tices of Peace in the Counties contiguous to Navigation, are hereby authorized and expressly required to seize the same in the Name of this State, and upon Recovery had, such Provisions and Cargo shall be sold, and the Money arising from the Sale applied, one Half to the Use of the State, the other Half to the Use of the Person suing for the same: And any Person who shall export, or attempt to export, any Beef, Pork, Bacon, or Com, by Land contrary to this Act, shall upon Conviction forfeit and pay double the Value of such Provision; to be recovered by, and to the sole Use of any Person who shall sue for the same, in any Court having Cog- nizance thereof. III. And be it further Enacted, by the Authority aforesaid, That if any Justice of Peace, from his own Knowledge, or the Information of others, shall have just Cause to suspect that any Pork, Beef, Bacon, or Com, is about to be carried out of this State contrary to this Act, he may issue his Warrant for seizing the same; and if the Owner shall not give Security within Twenty Days after such Seizure, that he will not carry or send the same out of this State, such Justice may either retain such Provisions for Pubhc Use, or cause the same 680 BEVOLUTIONAEY LEGISLATION. to be sold at Public Vendue, for the Benefit, and at the Expence of the Owner: And this Act shall be in Force until the next Session of General Assembly, and no longer. SESSION BEGINNING APRIL 17, 1780. [1780, p. 318] CHAPTER IV. An Act for the More Effectually Preventing Engrossing and Forestall- ing for the Encouragement of Commerce and the Fair Trader, and for other purposes therein mentioned. I. Whereas of late the currency of this and the United States hath been depreciated, the necessaries of life ren- dered scarce, and the prices of every thing raised to the most extravagant height; all which evils and many more have originated from the wicked arts of a set of men called speculators; who regardless of every thing but their own illicit gain spread themselves over the country forestalling and engrossing the necessary articles of Hfe and of commerce : For re medy whereof, II. Be it enacted by the general assembly of the state of North Carolina, and it is hereby enacted by the author- ity of the same, that from and after the first day of June next ensuing, it shall not be lawful for any person or persons to sell or retail for profit (except as herein after excepted) any kind of imported articles except the same shall have been imported from beyond seas on his or their own account, or shall have been consigned to him or them from beyond the seas, under the penalty of for- feiting one hundred thousand pounds for every offence. III. And be it enacted by the authority aforesaid, that it shall not be lawful for any person or persons to purchase or contract for any kind of article of the growth or production of this state except for his, her or their own family's use and consumption, and except the same shall be purchased for the express purpose of exporting the same on his or their own account within the space of eighty days thereafter; and if any person shall purchase any such articles except for his, her or their own family use and consumption, and shall not export the same within eighty days as aforesaid (unavoidable accidents only excepted) he or they so offending shall forfeit all such articles and shall also pay for every such offence the sum of one hundred thousand pounds. Provided, that LAWS OF NOETH CAROLINA, 1180. 681 nothing in this act contained shall be construed to pre- vent persons buying imported or other articles necessary for the carrying on his, her or their particular manufac- tory or occupation. IV. And in order the better to secure to the good peo- ple of this State a plentiful supply of all the necessaries of life, be it further enacted, That if any person or per- sons shall export, or attempt to export, to any of the other states, either by land or by water, any article what, ever first imported into this state, he or they so offending shall forfeit all such goods so attempted to be transported and shall further forfeit and pay the sum of one hundred thousand pounds for each and every offence. Provided, nevertheless, that nothing herein contained shall be con- strued to debar the masters or owners of vessels belong- ing to any of the other United States from leaving this state with their cargoes, provided they do not break bulk in this said state. And in order the more effectually to carry the good purposes of this act into effect, V. Be it further enacted by the authority aforesaid, that if any person whatsoever shall presume to purchase up any articles imported or of the production of this state contrary to the true intent and meaning hereof, it shall and may be lawful for any magistrate, and he is hereby required on having information thereof, to issue his warrant and summon a force sufficient for seizing and securing all such engrossed articles, and he shall make return of his proceedings to the next court of his county, who shall thereupon hear and determine in a summary way the merits of the case, and if it shall appear to the said court that such person or persons had purchased such articles in violation of the true intent and meaning of this act, the said articles shall be condemned as for- feited, and shall be sold at public auction by the sheriff of the said county, one half to the informer the other half to the use of this state. VI. And be it further enacted by the authority afore- said, that all the penalties by this act imposed shall be and enure in all cases, one half to the informer the other half to the use of this state, and it may be sued for in any court of record in the state. VII. Provided nevertheless, that nothing in this act contained shall prevent any inhabitant of this state, hav- ing obtained a license from three justices, from purchasing any kind of imported articles from the original importer 682 EEVOLUTIONAEY LEGISLATION. or consignee and selling the same for any profit not ex- ceeding twenty five per cent, on the purchase money, and an allowance of five per cent, for every hundred miles he may have transported the same, as also an allowance of fifteen per cent, to such persons transporting the arti- cles of rum, salt, brown sugar, iron, steel and molasses, as aforesaid, from the place of such purchase. VIII. Provided nevertheless, that nothing in this act contained shall bar or restrain any continental contractor or commissary or any commissary or contractor of this state from purchasing provisions for the use of this state or the United States, or the commissioners appointed for carrying on a trade for the public benefit, or any of them, or any other person or persons acting for or under them, or any of them, from purchasing any country manufac- ture or produce; or foreign goods, wares and merchan- dise, or other articles necessary for carrying on trade for the benefit of this state. IX. And be it further enacted by the authority of the state, that no person or persons within this state, except the original importer, consignee or manufacturer, and except as is herein excepted, shall from and after the first day of June next presume to sell, or expose to sale, any goods, wares or merchandise, before he or they shall obtain a permit for so doing from some three justices of the peace of the proper county where such seller resides. And to the end that the good purposes of this act may be the more eflfectuaUy answered, X. Be it enacted by the authority aforesaid. That before any person shall obtain such permit, he, she or they shall take the following oath or affirmation, which such justices are hereby required to administer before they shall grant such permit: I, A B, do swear, or solemnly and sincerely declare and affirm, that I will not directly or indirectly ask, demand, take or receive any greater or other profits on any of the goods, wares or merchandize, which I shall sell during the continuance of an act of assembly of this state entitled, "An Act for the more effectually preventing engrossing and forestalling, for the encouragement of commerce and the fair trader, and for other purposes therein mentioned," than is allowed in and by the said act; that I wiU not directly or indirectly buy, contract for or get into my possession, any such goods, wares or merchandize, otherwise than is allowed by the said act, and that I will in aU things to the utmost LAWS OF NORTH OABOLINA, 1180. 683 of my power comply with the directions of the said act. And if any person or persons, except as aforesaid, shall seU or expose for sale, any goods, wares or merchandize, before he, she or they, shall obtain such permit, and before he, she or they, shall take the oath or afhrmation aforesaid, every person so offending shall forfeit double the valtie of the goods so sold, or offered for sale, one half thereof to the informer the other half to the use of the state. SESSION BEGINNING SEPTEMBER 5, 1870. [1780, p. 344.] CHAPTER I. An Act for levying a specific Provision Tax on all the inhabitants of this State, for the support of the Army and Navy of this and the United States in the Southern Department. I. Whereas from the operations of war in this and the neighboring States, it becomes difficult by purchase alone, to supply the army and navy with a sufficient quantity of provisions and other necessaries: II. Be it therefore enacted by the General Assembly of the State of North Carohna, and it is hereby enacted by the authority of the same, that a specific provision tax be levied on all the inhabitants of this State, in addi- tion to the pecuniary tax for the current year, in the following manner, viz., that each and every inhabitant of this State shall for every hundred pounds value of his or her taxable property, contribute and pay to the com- missioner of his respective county, one peck of Indian corn, or half peck of wheat, or five pounds of good flour, or one and one fourth pecks of clean oats, or three- fourths of a peck of rye, or one peck of rough rice, or one third do. clean rice, merchantable, or three pounds of good pork, or two pounds of fatted do., or four and a half pounds of good beef, and shall be bound and obliged severally to convey and deliver at such places, warehouses or magazines, not exceeding three within the county (the county of Kowan excepted, and in that not exceeding four) as may be ordered and directed by the commissioner of each respective county, and that any person who shall delay or refuse, after tenth day of January next, to advance and deUver his or her proportion of the specific tax in some of the before enumerated articles, agreeable to the true intent and 684 BEVOLUnONAEY LEGISLATION. meaning of this law, the collector of the district shall and may, by warrant from the commissioner, make dis- tress, seizure and sale, of the goods and chattels, lands and tenements, of aU persons so refusing or neglecting sufl&cient to purchase double the quantity of such specific supplies at the highest prices then in the district. Pro- vided nevertheless, that the inhabitants of Carteret county may deliver one gallon of salt in Ueu of any one of the enumerated articles by this Act directed to be paid. Provided also, that no collector shaU be obliged to lay out the sums he may so receive for enumerated articles aforesaid, but shall settle and account with the said commissioner for the same, and that the said collector shall be entitled to take and receive for every seizure or distress the sum of twenty five dollars. III. And be it further enacted, by the authority afore- said, that all Quakers, Moravians, Menonists, Dunkards, taxable polls and non-jurors, shall be taxed, and shall pay and deliver in the specific enumerated articles as aforesaid in the same proportion as by the pecuniary tax law for the present year they are bound and obliged to do. Provided, no person shall be considered a non- juror, except such who, having been lawfully called on, have refused to take the oath of allegiance to this State. IV. And be it further enacted, by the authority afore- said, that immediately after the passing of this Act, the sheriff of each county in this State, shall summons the justices within his county to meet at the court house on some certain day, within five days next after such notice, who having met, or any five of them, shall and are hereby required to nominate and appoint a proper person to be commissioner of each county for carrying the purposes of this Act into effect, and from time to time fill up any such vacancies as may happen: the said commissioner before entreing upon the duties of his office, shall give bond, with two or more sufficient securities, payable to the Governor or commander in chief for the time being, and his successors, in the sum of ten thousand Spanish milled dollars, with the following condition: The condition of the above obligation is such, that whereas the above bounden is nominated and appointed commissioner for the county of for collecting provision taxes, and purchasing and procuring supplies of provisions, pursuant to an Act of the General Assembly in titled, "An Act for levying a specific provision tax on LAWS OF NOKTH CAROLINA, 1780. 685 all the inhabitants of this State for the support of the army and navy of this ard the United States in the southern department." Now if the said shall well and faithfully perform all the several duties enjoined on him by the said Act in the manner therein prescribed, then the above obhgation to be void, otherwise to remain in fuU force and effect. And shall also take the following oath before some justice of the county, and obtain a certificate thereof, to-wit, I, A. B. do swear, that as a commissioner for receivirg and procuring specific provision supplies for the county of ; I wiU, well, truly, and faithfully execute the trust reposed in me to the best of my skill and abihty, according to law; and that I will not, directly or ir di- rectly, purchase or procure for my own use, or for the use of any other person or persons (articles for my own family use and consumption excepted) any of the above enumer- ated articles, during my continuance in said office, other- wise than is by this act directed. So help me God. V. And be it further enacted, by the authority afore- said, that the conomissioner for each county respectively shall have power and authority to rent, hire or seize, for the use of the pubhc, warehouses, stores and other enclosures for the purpose of storing and keeping safe the said enumerated articles, and shall give receipts for aU such specific provision supphes as may be received in taxes aforesaid, and shall keep particular and exact accounts of the same. VI. And be it further enacted, by the authority afore- said, that the commissioners in each county are hereby authorized and required, as soon as may be, to purchase on account of this State, all such quantities of beef, pork, flour, Indian com and oats, as any of the inhabitants may be willing to supply at the prices ascertained by resolve of the continental congress, bearing date the 25th of February 1780, viz., beef five and half doUars per hundred, fresh pork weU fatted seven doUars per nett hmidred weight, fatted pork per barreU twenty dollars, fatted beef seventeen and a half doUars per barreU, flour four and a half doUars per each 11 2. lbs., good wheat one dollar and a half per bushel, Indian corn three fourths of a dollar per bushel, oats half a doUar per bushel, giving the owner indented certificate for such purchased supplies in the form of the foUowing, to-wit, State of North Caro- 686 REVOLUHONAKY LEGISLATION. lina, county. This may certify, that as com- missioner for the county aforesaid I have purchased from at the prices ascertained in Spanish milled dollars by a resolve of Congress, dated the 25 of February, 1780, amounting in the whole to Spanish milled dollars, which sum is to bear interest at five per cent, until paid, agreeable to an act of the General Assembly in such case made." Which certificates shall bear the said interest of six per cent., be free and exempt from a public tax, and shall be paid and redeemed by the General Assembly of this State on or before the first day of Septem- ber, 1782, in Spanish milled dollars, or in Continental or State currency, equal in value to such Spanish milled dollars as aforesaid. VII. Ard be it further enacted, by the authority aforesaid, in case any person shall be possessed of more of any of the said articles than will be sufficient for his or her, or their family use, or for the discharge of his or her specific tax, and shall refuse to sell the one half of the residue, then, and in such case, the said commis- sioners are hereby required to call on the nearest justice and two free holders who shall determine what quantity may be sufficient for the use and consumption of the family of such person or persons; which said justice and freeholders shall give and dehver to the commissioner a certificate or memorandum of the remaining quantity of such article or articles in the hands or possession of the person or persons so refusing to sell as aforesaid, which said commissioner is hereby directed and required first to demand admittance into, and in case of refusal, to break open in the day time, if necessary, all houses and enclosures, and seize and impress the one half of the afore- said certified articles, whereupon he shall give a certificate to the owner, in order that satisfaction may be made for the same, agreeable to the directions to this act, and also hire or impress horses, wagons, carts, and boats, belonging to his coimty sufficient for transporting to the coimty warehouses, aU such articles as he may have so purchased or impressed; and the comnoissioners are hereby respectively required to make application to the board of war for such quantities of pubHc salt as may be necessary for salting up the fresh provisions they may receive, also to purchase barrels, and finally to do every- thing necessary for the safe keeping all such provisions as may be collected or received in virtue of this act. LAWS OF NOETH CAROLINA, 1780. 687 IX. Ar d be it further enacted, by the authority afore- said, that the treasurer of each district shall furnish the commissioners of every county in the same, with a sum not exceeding five thousand pounds, to enable him to perform the several services required of him by this act for which said sums, together with the amount of the provisions, which may be purchased, impressed or received, by virtue of this act, the said commissioners respectively shall account with the General Assembly of this State; ar.d each commissioner as aforesaid shall make quarterly returns, or oftener if required, to the board of war, or in case a board of war should not be established in this State to the Governor for the time being, for aU supplies by him received, either by pro- vision taxes or purchases or impressment, as aforesaid. X. Ar d be it further enacted, by the authority afore- said, that each commissioner hereby appointed shaU be allowed five per cent, on the value of aU such articles as he shall or may have received as provision taxes, and also five per cent, on the articles purchased or impressed by virtue of this act exclusive of his necessary public expenses, which allowances are hereby declared to be in Spanish milled dollars, and each respective commis- sioner having settled his accounts with the board of war, or the General Assembly, shall be intitled to receive certificates on the same security, and of the like tenor, as hereinbefore directed. [1780, p. 351] CHAPTER V. An Act to prevent the Impressment ol Boats, Waggons, Carts and other Carriages, employed in carrying Salt, and for other purposes therein mentioned. I. Whereas the distress of the inhabitants of this State, arising from the scarcity of salt, are greatly increased by the impressment of boats, carriages and horses em- ployed for the purpose of procuring salt: For remedy whereof, II. Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, that no boat, waggon or cart, or other carriage, or any horse or horses employed in draw- ing any carriage, going to, or returning from any place 688 EEVOLUTIONAEY LEGISLATION. where salt is usually procured, and observing the direc- tions hereinafter prescribed, shall be liable to be impressed by any person or persons whatsoever except in the cases hereinafter mentioned. III. And in order that such boats, waggons, and other carriages intending to transport salt from the places where the same may be procured into the interior parts of the country, may be known: Be it enacted by the authority aforesaid, that the person or persons, going with, or sending, such boats, waggons, or other carriages, shall make affidavit before any justice of the peace of the county from whence such boats, waggons or other carriages shall go, that his or their principal intention is to procure salt as aforesaid, which affidavit produced, to the first convenient acting quarter master on their intended route, or at the place of the destination of such boat, waggon, carriage, shall intitle the bearer to a pro- tection from impressment; and every quarter master is hereby required to grant such protection, and until a protection can be procured, the affidavit shall be deemed sufiicient to answer the purposes of a protection. IV. Provided always, and be it enacted, by the au- thority aforesaid, that in cases of necessity, when the public safety is in danger, or extraordinary exertions are requisite to annoy the enemy, the board of war may order impressments to be made of all boats, waggons, and other carriages, horses and other things, without exception; anything in this act to the contrary, not- withstanding.' V. And be it further enacted, by the authority afore- said, that if any m.agistrate or quarter master shall refuse to perform the requisites by this act directed, such magistrates or quarter master shall forfeit and pay to the person aggrieved the sum of one thousand pounds; to be recovered by action of debt, before any jurisidction having cognizance thereof: And if any person or persons shall make any seizure or impressment contrary to the true intent and meaning of this act, such person or per- sons shall for every such impressment forfeit and pay the sum of one thousand pounds to the party grieved, to be recovered as aforesaid and shall be further liable to the action of the party. VI. And be it enacted, by the authority aforesaid, that in case any person shall produce or offer as a protec- tion for any boat, waggon, carriage or team any forged, LAWS OF NORTH CAROLINA, 1180. 689 false or altered affidavit or protection every such person, being thereof lawfully convicted, shall forfeit all such boat, waggon, carriage or team, as he iKiay then be possessed of, and for which he claimed protection, or the full value thereof; to be recovered by action of the debt, in any court having cognizance thereof, and applied one half to the use of the informer, and the other half to the use of the county where the trial may happen. VII. And be it enacted, by the authority aforesaid, that this act shall continue and be in force for and during the space of six months, and from thence to the end of the entire session of the General Assembly. [1780, p. 354] CHAPTER IX. An Act to repeal an Act, intitled, An Act for the more effectually pre. venting Engrossing and forestalling, for the encouragement of Com- merce and the fair Trader, and for other purposes therein mentioned- I. Whereas, by experience, it is found that the above recited act hath not produced the good effects intended, being fraught with many inconveniences, prejudicial to commerce, and the good people of this State; II. Be it therefore enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, that the before mentioned act, and every part thereof, be henceforth repealed and made void. III. Provided nevertheless, that it shall not be lawful for any person or persons, other than the commissioners of the counties or persons purchasing for the use of the army, to engross or purchase any provisions, except for his family use and consumption, until after the first day of November next, anything in this act to the contrary notwithstanding; and if any person or persons shall offend against this act, he or they shall forfeit the value of such purchase; to be recovered by action of the debt, in the name of the Governor, one moiety to the informer, and the other moiety to the State. 37639°— 18 44 690 EEVOLUHONAKY LEGISLATION. SESSION BEGINNING JANUARY 18, 1781. [1781, p. 380] CHAPTER VII. An Act for encouraging the importation of Arms, Ammunition and other warlike stores, and other purposes. I. Whereas it is absolutely necessary that this State should be constantly and effectually supplied with arms, ammunition, and other warlike stores; II. Be it therefore enacted, by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, that from and after the first day of April next, all vessels belonging to this or the United States, coming from foreign ports unto any ports in this State with an intention to trade, shall be sub- ject to a duty, payable to the commissioner of the port to which they arrive, of five shillings in specie, or the value thereof in circulating currency, for every ton of their burthen, the tonnage of aU vessels to be computed according to their real dimensions, for the ascertaining whereof the master of each vessel shall dehver to the commissioner on oath the length of keel, breadth of beam, and depth of hole of his vessel. Provided nevertheless, that vessels bringing arms, ammunition and other war- like stores for the use of the State, into any of the ports thereof and shall deliver them as hereafter directed to the commissioners appointed to receive them, shall for every three Spanish milled dollars value in the articles aforesaid, original cost ia the port from whence they arrive, be exempted from the duty upon one ton of their burthen to-wit, five shillings specie as aforesaid, and so in proportion for the whole of the articles aforesaid which they may bring; and should the arms, ammunition, and other warlike stores, which such vessels may bring, amount to more than will intitle them to an exemption from the duty of tonnage, in that case the importer shall be allowed and intitled to receive a bounty of five shillings specie, or the value thereof in circulating currency, for every Spanish miUed dollar's value at the original cost which the surplus may amount to, payable out of the fund arising from the duty aforesaid. III. And be it fm-ther enacted, by the authority afore- said, that the masters of all vessels coming into any of the ports of this State with an intention of trading, shall LAWS OF NORTH CAROLINA, 1181. 691 previous to their breaking bulk, and before their entry at the naval office of the port, make report to the com- missioner of what arms, ammunition, or other warlike stores, they have brought for the use of the State, and produce an original invoice thereof upon oath; and if the goods were bought in any of the ports of the West Indies, the commissioner is hereby directed and impowered to aJlow one himdred and fifty per cent, advance upon such invoice; but if the goods were bought in any of the ports of Europe, the said commissioners is hereby impowered and directed to allow three hundred per cent, advance upon the invoice so produced; and after receiving the articles agreeable to invoice, to give a certificate or draft for the amount, payable in specie or the value thereof in currency to be ascertained by two indifferent persons residing at the place of importation, mutually chosen by the parties, upon the treasurer of the district, to whom such certificate shall be a voucher in passing his accoimts, and shall be allowed accordingly; but if the treasurer has it not in his power immediately to pay and discharge the certificate so drawn, then the proprietor of such arms, ammtmition, &c., shall be at liberty to dispose of them as he thinks proper, and shall moreover be exempted from the duty, or intitled to the bounty, in proportion to the quantity, as the case may be; and the conmiission- ers upon receiving the duties, arms, or ammunition and other warlike stores, as by this Act directed, are to certify the same to. the naval officer of the port in writing, with- out which certificate being produced to him, he shall suffer none of the vessels herein described to enter at his office. rV. And be it further enacted, by the authority afore- said, that Charles Johnston is appointed for the port of Eoanoke; William Ferrebee, Jun., for the port of Curri- tuck; William Brown, for the port of Bath; James Coor, for the port of Beaufort; for the port of Brimswick William HUl, with full powers to administer the oaths by this Act required; and they shall each respectively make monthly returns to his excellency the Governor, or such other person or persons as may be hereafter ap- pomted to receive the same, and shall also keep a regular account of all their transactions, ready to be laid before the General T^sembly when called for; and for the per- forming their duty herein, they shall be intitled to draw and receive a commission of five per cent, on all duties received, and all certificates or drafts upon the treasurer. G92 EEVOLtmONAEY LEGISLATION. [1781, p. 381] CHAPTER VIII. An Act to enlarge the powers of the Quarter Master General. I. Whereas it is necessary that the powers of the Quarter Master General and of his deputy, should be competent to the purpose of their appointments; II. Be it enacted by the General Assembly and by the authority of the same, That the quartermaster-general, or his deputy, within this State shall have full power and authority to draw out of the hands of any person or persons, holding public monies, a sum of money not ex- ceeding five hundred thousand pounds, to be applied to the purchasing necessaries for the army. III. And be it further enacted by the authority afore- said, that in case such sum of money cannot be obtained, or persons possessed of the articles which in the quarter master's department the army may require shall refuse to seU them for the currency of the State, that then, and in that case, the quarter master or his deputy, as afore- said, be, and is hereby impowered, to grant certificates to those of whom such purchase shall be made to the amount of the sums due; which certificates shall be paya- ble in twelve months and shall bear interest at six per cent, and shall be received, with an allowance of depre- ciation from the time of the contracts until they are fully paid and satisfied. IV. And be it further enacted, by the authority afore- said, that in case any person possessed of the articles which the quarl^r master department shall require for the use of the army, should refuse either for the current money of the State or for certificates, to sell the same, that then, and in that case, the quarter master general, or his deputy, within this State, shall be impowered to impress the same, in the same manner as impressments are directed by the militia law, and to have them valued by two indifferent free holders; and shall, if the party requires it, grant certificates to the amount of such valu- ation, to bear interest, and be intitled to depreciation as aforesaid. LAWS OF NOETH CABOLINA, 1781. 693 [1781, p. 383] CHAPTER XI. An Act to amend an Act, intitled. An Act to prevent the Impressment of Boats, Waggons, Carts, and other Carriages, employed in carrying salt and for other purposes therein mentioned. I. Wliereas, through some omission in the above men- tioned Act, the load of provisions carried in said wag- gons, carts or other carriages, was not included in said exemption from impressment, and whereas it is necessary that all kinds of produce or provisions carried for the purpose of purchasing salt only should be exempt as well as the carriages; II. Be it therefore enacted by the General Assembly of the State of North Carolina, and by the authority of the same, that from and after the passing of this Act, every kind of produce or provisions carried for the pur- chase of salt only, as well as the salt, be exempt from impressment, in the same manner, and under the same regulations as the carriages. SESSION BEGINNING JUNE , 1781. [1781, p. 401] CHAPTER VIII. An Act directing the duty of the Naval Officers, and for prohibiting the Exportation of Provisions for a limited time, and for other purposes. I. Whereas the honourable the continental Congress hath recommended that the said United States make laws for the more effectually presenting the abuses and deceitful practices of the British, in making use of papers which they take in American vessels, and for preventing the exportation of provisions; II. Be it therefore enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, that the naval officers in the different ports of this State respectively shall, and they are hereby required, to cause the master and chief mate of every armed or unarmed vessel going from any of the ports in this State, to undersign the clearance or other papers of the said vessel, and to indorse under his the said naval officer's hand and seal on such clearance or other papers, a minute description of the age, stature and complexion, of the said master and mate; and the naval officer shall and may refuse to grant clearances and 694 KEVOLTTTION-AEY LEGISLATION. other papers to all such vessels, in case the master or mate shall refuse to sign such clearance or other papers, and give such descriptions as are in this Act required: And the master and owner of every vessel coming into any of the ports in this State, shall forfeit and pay the sum of fifty thousand pounds currency, to be recovered in any court of record of this State by the naval officer, who is hereby required to sue for the same (and the for- feiture so recovered by order of the court be applied one fourth part to the use of said naval officer, and the other three fourths to the public treasury of this State) for every refusal or neglect to enter his vessel with the naval officer in due time, agreeable to the directions of an Act of the General Assembly, intitled, "An Act for appoint- ing naval officers at the different ports in this State, and directing their duty in oflice, and for other purposes. III. And be it enacted, by the authority, aforesaid, that the naval officers of the ports of Roanoke, Bath, Currituck and Beaufort, take and receive from every ves- sel coming in over Occacock bar between twenty and fifty tons burthen and upwards the sum of ten shillings in specie, and from every vessel of fifty tons and upward the sum of sixteen shillings specie, or the value in the cur- rency of this State, for the use of the pilots, to enable them to keep up stakes and marks in the swash and channels leading from Occacock bar to Newbern, Bath and Edenton; for which sums the naval officers shall be accountable to the commissioners of investigation in their respective ports, agreeable to law, for the purposes afore- said. IV. And be it enacted, by the authority aforesaid, that from and after passing this Act, the naval officers in the respective ports in this State shall and may, in lieu of all the allowances heretofore made by law, take and receive the following fees: For entering and clearing each vessel of twenty tons burthen and upwards, for taking bonds and descriptions as by this Act directed, and for all other necessary services included, the sum of ten shillings specie, for each permit, five shillings, and for each register, ten shillings; all of which sums shall be paid in specie, or the true value of such specie in the currency of the State, at the time such fees shall become due. V. And be it further enacted, by the authority afore- said, that it shall not be lawful to export, or in anywise remove out of this State, by land or water, any kind of LAWS OP NORTH CAROLINA, 1181. 695 provisions, until the end of the next session of the General Assembly, excepting only such quantities as shall be necessary for victualling the crew of any vessel going on a voyage or cruize, unless permitted by his excellency the Governor, by and with the advice of the council of the State; and in case any person shall remove or attempt to remove out of the State, any corn, wheat, flour, pork, beef, or bacon, other than is hereby allowed and admitted, it shall be lawful for the naval of&cer, or the sheriff of any county, to seize all such provisions, together with the vessel and other conveyance in which such provisions, are exported, or attempted to be exported; all of which provisions, vessels and other conveyances are hereby declared absolutely forfeited to this State; and the owner of such vessel or provisions shall accordingly forfeit the same, or the value thereof, as the court may decree; to be tried, condemned and recovered, in any court of admiralty of this State, and applied one fourth part to the seizing officer, and the other three fourths to the pubUc treasury of the State. VI. And be it further enacted, by the authority afore- said, that the one half of all salt imported into this State from and after passing this Act shall be secured to the importer, and shall be free and exempt from all manner of impressment on account of the public; and in case any salt shall be hereafter impressed for the use of this State, it shall be lawful for the naval officer of the port where such impressment is made to suffer and permit the importer of such salt to ship and export so much provi- sions of any kind as such naval officer shall deem equal in value to the amount of the salt so impressed as afore- said, anything in any law to the contrary notwithstanding. [1781, p. 407.] CHAPTER XIII. An Act to enable the Governor, with the advice of the Council of the State, to procure Tobacco for the purpose of obtaining Arms and for other purposes. I. Whereas an immediate supply of arms, and military stores are essentially necessary for the preservation of this State, and as they can only be procured with tobacco, or other exportable articles. II. Be it therefore enacted, by the General Assembly of the State of North Carolina, and it is hereby enacted 696 EEVOLXJTIONAEY LEGISLATION. by the authority of the same, that his excellency the Governor with the advice of the council, is hereby im- powered to purchase or to cause to be purchased, for the use of this State, if possible, two thousand stand of arms, five thousand pounds of powder, seven and a half tons of lead, three thousand blankets, on the best terms they can be procured, and to have the two thousand stand of arms procured at Philadelphia repaired, and brought into this State as soon as possible; for which purpose it shall be lawful for his excellency, the Governor, by and with the advice of the council of State, to purchase, borrow, or if absolutely necessary, to impress so much tobacco, or other exportable produce, as will answer and be sufficient to defray the expence of repairing and bring- ing into this State the said two thousand stand of arms, and for the payment of aU such other arms, ammunition and blankets, as aforesaid, which may be so purchased, and actually delivered in this State on or before the second day of April next. III. And be it enacted, by the authority aforesaid, that his excellency the Governor, or the person who may be by him appointed for the purpose aforesaid, shall grant certificates for all such quantities of tobacco, or other exportable articles aforesaid, as may be so pur- chased, borrowed or impressed, such articles being first valued in specie, agreeable to law; all which certificates which shaU bear an interest of six per cent, and be free from taxation, and shall be redeemed on or before the first day of December, one thousand seven hundred and eighty-three, in specie, or the value thereof in the currency of this State. Provided, that should it be more agreeable to the owner to lend the tobacco, the Governor with the advice of the council, or any person appointed by him, is hereby impowered to borrow the same, and pledge the faith of this State, for its being faithfully repaid at a future day. IV. And be it further enacted, by the authority afore- said, that where any uninspected tobacco, or other exportable article, shall be either bought, borrowed or impressed, it shall be lawful for the persons buying, bor- rowing or impressing the same, to hire or impress horses, carriages and teams, or boats or vessels, to convey such tobacco to a convenient warehouse or place of exporta- tion within this State, and have the same inspected; to grant certificates in the same manner, as is before directed, LAWS OF NORTH CAROLINA, 1782. 697 and also to grant certificates for the hire of horses, or carriages and teams, or boats and vessels, employed in transporting the tobacco aforesaid, and to the inspectors for their inspection fees. V. And be it further enacted, that the appointments, powers and authorities, of the commercial agent, and of the commissioners of trade, heretofore appointed for the State, be, and they are hereby suspended, until the next session of the General Assembly; and the said commercial agent and commissioners of trade shall settle with the State auditors, or the General Assembly, or commis- sioners for that purpose appointed by the General Assembly, for all their commercial transactions in vehalf and on account of the State. SESSION BEGINNING APRIL 13, 1782. [1782, p. 417] CHAPTER II. An Act to compel all persons who have acted as Commissaries or Quar- termasters, in the Militia line of this State, to account for public stores, and for retraining impressments, and for other purposes. I. Whereas there are in this State sundry persons who have lately stiled themselves State Commissaries, Quar- ter-masters, Superintendents, &c. and it is found by experience that those persons have committed great abuses and waste, by making unlawful impressments and misapplication of public stores; II. Be it therefore enacted by the General Assembly of the State of North Carolina, and it is. hereby enacted by the authority of the same, That from and after the passing of this Act, the quarter-master and commissariel departments within this State, is, and are hereby abol- ished, any law to the contrary notwithstanding. III. And be it enacted by the authority aforesaid, That the heads of the departments aforesaid, shall within three months after the passing of this Act, return into the comptroler's office a true and perfect state of their several and respective accounts with the vouchers, dis- tinguishing their several receipts, either by impressment or otherwise from their several deliveries, under the penalty of five hundred pounds specie each, to be recov- ered by action of debt, in the name of the Governor for the time being, for the use of the State. 698 REVOLUTIONARY LEGISLATION. IV. And be it enacted by the authority aforesaid, That all deputy quarter-masters, commissaries, and others, employed or acting in either of the departments aforesaid shall forthwith render to the heads of their departments respectively, on oath, a true aftid perfect state of their several accounts with the vouchers, on or before the fifteenth day of July next, under the penalty of one hundred pounds specie each, to be recovered as herein before mentioned. V. And be it enacted by the authority aforesaid. That the quarter master and commissary, with their several and respective assistants or deputies, and aU other per- sons in any manner employed in either of the depart- ments aforesaid, having under their charge, or in their possession, any kind of provisions, stores, waggons, horses, cattle, or other articles of public property, shall respectively deliver the same to the nearest County Commissioner, taking his receipt therefor, under the penalty of on hundred pounds specie each to be recov- ered as herein before mentioned. VI. And be it enacted by the authority aforesaid. That the several County Commissioners shall be, and they are hereby appointed, issuers of the specific taxes of their counties respectively, when issuing the same may be necessary, and his or their accounts shall be stated so as to debit him or them with the specifics received on one side, and the state of the issues shall stand as a credit for the same on the other, distinguishing the issues made on account of the United States. VII. And whereas the public posts on the roads where the troops usually march cannot be supplied by the specific taxes of the counties through which they pass; * Be it therefore enacted by the authority aforesaid. That the commissioner attending such post, on appUcation to the commanding officer of the district shall obtain a warrant to draw the specific taxes from the commis- sioners of the neighbouring counties where there may not be a post, who shall give his receipt therefor, which shall serve as a voucher for the commissioner delivering such specifics. VIII. And be it enacted by the authority aforesaid. That the commissioners shall give due attendance by themselves, or cler c, at their posts respectively. IX,. And be it enacted by the authority aforesaid. That if any ofl&cer, soldier or other person, shall presume LAWS OF NORTH CAROLINA, 1782. 699 to take from any citizen or citizens of this State, any part of their property by impressment, unless it be by a warrant from at least two justices of the peace, which warrant shall not be general, but shall express the par- ticular purposes for which they are granted, or by sheriffs or other officers taking criminals to some gaol, it shall be lawful for any justice of the pece in the county where the offence is committed, upon information on oath, to issue his warrant for the immediate taking and safe keep- ing of such offender or offenders, until they are dehvered by due course of law ; and all military officers are hereby enjoined to support the civil power in the securing, and bringing such offenders to justice. X. And be it further enacted by the authority afore- said. That when any warrant shah be granted in the case aforesaid, the person executing the same shall immediately return the warrant to one of the sub- scribing justices, endorsed with the kind and quantity of articles so impressed, and the name of the person or persons from whom it was so impressed, under the penalty of fifty pounds specie for every neglect, to be recovered by action of debt, in the name of the Governor for the time being, for the use of any person suing for the same, and be further liable to the party aggrieved for all damages he or she may have sustained. XI. And whereas many County Commissioners in this State have large quantities of five stock on hand, that may not be called for, for immediate consumption; Be it therefore further enacted. That any County Com- missioner who shall have any beef cattle on hand, be- longing to the public, that shall not be immediately called for, be, and they are hereby required to provide sufficient pasturage for the same. XII. And whereas it is represented that there are large stocks of live cattle and other stores, in different parts of this State, which are much wanted in the South- ern army and have been procured for that use, and as it is necessary that effectual means be adopted to pre- vent the said army from suffering by the scarcity of provisions; Be it enacted, That his excellency the Gover- nor, by and with the advice of the council, shall appoint a superintendent in each district, whose duty it shall be to receive from the County Commissioners any stores they may have on hand, from time to time, proper for the army, and the same the superintendant or super- 700 REVOLUTIONABY LEGISLATION. indendants shall convey, or cause to be conveyed, to the Southern army, or such other posts as the Governor may direct. XIII. And be it enacted by the authority aforesaid. That his excellency the Governor, with the advice of the Council of State, is hereby authorized and empowered to appoint one or more proper persons to superintend the driving cattle, and transporting stores or supphes to the Southern army, and the supreme executive shall make such arrangements as to draw the specific taxes to such posts and places as may be necessary for sup- plying the marching continental troops, and troops of this State. XIV. And be it enacted by the authority aforesaid. That the several penalties by this act incurred, shall be applied to the use and benefit of the pubhc, and shall, by the clerks of the several courts in which the same may be recovered, be paid to the treasurer of the district, who shall be accountable for, and return an exact account of, all monies to the General Assembly. [1782, p. 434.] CHAPTER VIII. An Act for levying a Specific Provision Tax, for defraying contingen- cies, and supporting the Armies of the United States, for the year One Thousand Seven Hundred and Eighty Two. I. Whereas it is absolutely necessary that provisions be collected for defraying contingencies, and supporting the armies which are, or may be employed in defending the United States; II. Be it therefore enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That for the present year a specific provision tax be levied on all the taxable property of the inhabitants of this State, as follows: Each and every inhabitant of this State shall, for every one himdred povmds value in specie of their taxable property, coatribute and pay to the commissioner of his respective coimty, one bushel of corn, or three pecks of wheat, or one bushel rough rice, or one and an half pecks of clean ditto, or five pecks of oats, or three pecks of rye, or ten pounds of good fresh pork, or six pounds of salted ditto, or twelve and an half pounds of fresh beef, or LAWS OF NORTH CAROLINA, 1782. 70l twelve pounds of dry salt, or fifteen pounds of floiir; Provided, That the article of Indian corn shall not be received to be stored at any time but between the first day of January and the first day of February next; but the same may be received in such quantities as may be immediately wanting for the supply of the army at any time when demanded. Provided also, That every in- habitant shaU be allowed, on account of the provision tax he may be liable to pay, for all such provisions and forage as he may supply on account of the public after the passing of this Act until the first day of February next, in case they produce a certificate of such supply from under the hand of any Continental or militia com- manding officer, or quarter master, having a special warrant, from one justice of the peace of the county to grant the same, making a proper description, whether the same be for the use of the Continental or mihtia de- partment, duly sworn to, to the county commissioners, and the county commissioners respectively shall be allowed for all such certificates in the settlement of their public accounts. And in case any certificate shall exceed the amount of the provision tax, the commissioner shall give such person a certificate for the balance, which balance he shall be bound to repay out of the specific tax if enabled by the collection so to do, otherwise the same to be allowed in the next years tax, and the articles of forage shall, in the settlement of this tax, be allowed for at the following rates, that is to say, seventy five poimda of hay, or fifty six pounds of blades, or fifty six pounds of sheaf oats, as equal to a bushel of Indian corn; and every inhabitant shall be obhged severally to convey and deliver his specific tax at such place or places within the county as may be ordered and directed by the com- missioner, (not exceeding three in any county) he having respect to the ease of the inhabitants in fixing the same as convenient as possible; and that any person who shall refuse or delay to pay his or her proportion of this specific tax agreeable to the true intent and meaning of this Act between the first day of September and the first day of February next, the collector of the district, or the sheriff of the county, shall and may, by warrant from the com- missioner, make distress, seizure and sale, of the goods and chattels, or for the want thereof, lands and tenements, of the person so refusing or neglecting, sufficient to pur- chase double the quantity of such specific supplies at '702 EEVOLTJUONABY LEGISLATION. the highest price then current in the county, and the collector or sheriff shall pay the same into the hands of the county commissioner, who shall be answerable for the same in the settlement of his accounts, and the col- lector or sheriff shall be entitled to receive for every dis- tress so made, the sum of four shillings specie and no more. III. And be it further enacted by the authority afore- said. That all Quakers, Moravians, Menonists and Dunkards, between the ages of sixteen and fifty, shall be taxed, and shall deliver in the specific eniunerated articles aforesaid, or some one of them, as an equivalent for exemption from miUtia duty, three times the quantity which the inhabitants liable to militia duty in this State would for the same amount of taxable property be hable to pay, and all single men not possessed of one hundred pounds specie in taxable property (such as are in the regular service excepted) shall pay a specific tax on the said sum, any law or custom to the contrary notwith- standing. IV. And be it further enacted by the authority afore- said. That immediately after the passing of this Acfr, the sheriff of each county in this State shall summons the justices thereof to meet at the court house, or some other convenient place, within six days after such notice, any five of whom having met, they, or a majority of them, shall and are hereby required to nominate and appoint a proper person to be commissioner of such county, for carrying the purposes of this Act into effect, and from time to time to fill up vacancies, and that the said commissioner, before entering upon his office, do give bond with security approved of by the justices appointing him, in the sum of two thousand pounds specie, payable to the Governor and commander in chief for the time being, and his successors, with the following condition: The condition of the above obUgation is such, that whereas the above bounden is ap- pointed commissioner for the county of Now if the said shall weU and truly execute the office of a commissioner for receiving and issuing the specific provision tax for the year one thousand seven hundred and eighty two, according to law, then the above obhga- tion to be void, otherwise to remain in full force: Which bond shall be deUvered and lodged in the office of the clerk of each coimty respectively, there to be safely kept; LAWS OF NORTH CAROLINA, 1782. 703 and the commissioner, before entering upon the duty of his office, shall also take the following oath before the county court, or any three justices of the peace of the county, to wit: I A. B. do swear that as commissioner for the county of I will well and truly execute the trust reposed in me agreeable to law. So help me God. And the commissioner for each county respectively shall have full power to rent, hire or seize, for pubHc use, stores, warehouses and other inclosures, for keeping the before enumerated articles, as also to receive, purchase or barter, for salt, barrels, and every other article neces- sary for curing and safe keeping the provisions he may receive by virtue of this Act, and each commissioner who may be appointed in consequence of this Act, shall have and receive five per cent, commissions on all provisions by him received, and also two and an half per cent, on aU issues; and every person who acted as a county commissioner for the last year, and who still resides in such county, on giving bond and quaUfying agreeable to this Act, shall be impowered, and is hereby required, to hold and exercise the duty of commissioner in such county for the present year, in case a new com- missioner shoiild not be appointed under the direction of this Act on or before the first day of September next. V. And be it further enacted. That in each county the clerk of the county court shall, in distinct lists signed by him of each captain's district in the county, furnish the commissioner with the true amount of the tax of each inhabitant, and the county courts are hereby impowered and required to grant certificates to the commissioners for aU such amount of taxes as they deem insolvent and could not be collected, for which said commissioners shall be allowed in settling their public accounts. VI. And be it further enacted. That in case any justice of the peace, collector, sheriff or any other officer, shall neglect, refuse or delay, to do or perform any of the duties required of them by virtue of this Act, they shall severally forfeit and pay the sum of fifty poim.ds specie for every neglect or refusal, to be recovered in the coimty court where the forfeiture shall happen, and be applied to the use of the poor in such county; and every coimty commissioner shall, previous to the collection of the tax in his county, transmit to each captain in the county a list of the taxes due from his district for the information of the people, and shall, for the fair keeping and easy 704 REVOLUTIONARY LEGISLATION. settlement of his accounts, enter all the different articles he may receive and issue in a book expressly kept for that purpose in different columns for each article, and shall give receipts for all articles by him received in the pay- ment of his tax, and shall give due attendance by himself or his deputy for the transacting the business hereby required of him, and shall in due time salt and preserve any pork or beef for the well keeping thereof and shall prevent as far as possible the spoiUng or wasting of article, and shall account for all his transactions, and the monies he may receive by virtue of this Act, with the General Assembly, or such other authority as may be appointed by law. VII. And be it further enacted. That the several county commissioners shall once every six months render an account to the Governor of the State for the time being, of the different specifics on hand, or oftener if the Governor should call for them, and send expresses for that purpose, under the penalty of fifty pounds specie for every offence, and the Governor, with the advice of the coxmcil, may cause the same to be delivered to the order of the commander in chief in the Southern depart- ment, or he may cause them to be sold for cash when they are not otherwise needed, or he may cause them to be exchanged for such articles as are necesssary for the army. VIII. Provided, That no person shall be appointed as commissioner for any covmty within this State xmless such person has fully settled for all specific supplies which he may or ought to have received for the preceeding year. IX. Be it further enacted, That aU such persons as choose to pay specie in lieu of specific articles herein before recited, shall be, and are hereby allowed to pay the sum of two shillings and six pence specie for every hundred pounds value of their taxable property respec- tively, and each person subject to a poll tax may pay the like sum in lieu of his specific tax, any thing herein before contained to the contrary notwithstanding. [1782, p. 437] CHAPTER IX. An Act to amend an Act passed the last Session of the General Assem- bly, intituled, An Act for levying a Specific and Pecimiary Tax. I. Whereas by the before recited Act one fourth part of the pecuniary tax was directed to be paid in Conti- LAWS OV PENNSYLVANIA, VJ16. 705 nental currency, wMch in many parts of this State can- not be procured by the inhabitants thereof; II. Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the author- ity of the same, That it shall and may be lawful for such persons who are still in arrears for the said tax, either to pay the said Continental currency, or the same sum in State currency or certificates upon the pubUc, any law to the contrary notwithstanding: And the collectors of taxes shall account upon oath, and pay into the hands of the sheriffs or county treasurers, all specie certificates they may have on hand, or may hereafter receive, in pay- ment of such taxes, at the same rate they may receive them, and the treasurers shall account in the same manner at the same rate. STATUTES AT LARGE OF PENNSYLVANIA. (I'rinted Irom "The Statutes at Large of Pennsylyania from 1682 •to 1801," Vols. IX (1776 to 1779) and X (1779 to 1781)^onipiled under the authority of the act of May 19, 1887, by James T. Mitchell and Henry Flanders, Commissioners, and printed by Wm. Stanley Ray, State Printer of Pennsylvania, 1903.] [9 Stats. 11.] CHAPTER DCCXXIX. AN ORDINANCE KESPBCTING THE ARMS OF N0N-ASS0CIAT0R8. Whereas the non-associators in this state have either refused or neglected to dehver up their arms according to the resolves of the honorable Continental Congress and the assembly of Pennsylvania, and effectual measures have not been taken to carry the said resolves into execution: [Section I.] Be it therefore ordained by the authority of this Convention, That the colonel or next officer in command of every battalion of mihtia in this state is hereby authorized, empowered and required to collect, receive and take aU the arms in his district or township nearest to such officer which are in the hands of non- associators in the most expeditious and effectual manner in his power, and shall give to the owners receipts for such arms, specifying the amount of the appraisement; and such as can be repaired shall with all possible dis- patch be rendered fit for service, and the value according to the appraisement of all such arms, together with the repairs and transportation, shall be paid to the officers 37639°— 18 45 706 KEVOLUTIONABY LEGISLATION. by the treasurer on the order of the council of safety for the use of the owners and defraying the charges. [Section II.] And be it further ordained, That the same arms shall be appraised by any three reputable freeholders appointed by the commanding officer; but if the owner of any arms shall neglect or refuse to apply for such money within six months the same shall be applied towards the repairs of the arms; and the colonels are hereby authorized to draw for the necessary sums of money for the purposes aforesaid on the council of safety. [Section III.] And it is further ordained, That the colonels aforesaid shall arm the associators with the said arms and keep an account to whom they are delivered and return the same to the council of safety; and every associator shaU be answerable for such arms or the value unless lost or destroyed by some unavoidable accident or in actual service. [Section ly.] And be it further ordained. That in case any arms so collected shall not be worth repairing, the same shall belaid by untilsuch time as may be thought proper by the committee of the county to return them to the owners. Passed July 19, 1776. See Appendix XXXV, and the Act of Assem- bly passed March 31, 1779, Chapter 836. [9 Stats. 136.] CHAPTER DCCLXI. AN ACT TO PROHIBIT THE SALE OF GOODS, WARES AND MERCHANDISES BY PUBLIC VENDUE AND TO HBGULATE PEDDLERS AND HAWKERS IN THIS STATE. (Section I, P. L.) Whereas the practice of selling goods, wares and merchandises by public vendue, as tending to raise the price of almost every necessary article, and to depreciate the current money of the continent and of this commonwealth within the same is found a great grievance to the good people thereof: [Section I.] Be it therefore enacted, and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in General Assembly met, and by the authority of the same. That from and after the publication of this act no public vendue or auction of goods, wares and merchandises shall be held LAWS OF PENNSYLVANIA, 11*11. 707 anywhere within this commonwealth by any person or persons whosoever. [Section II] (Section II, P. L.) And he it further enacted, That if any .person or persons shall, contrary to the directions of this act, expose to sale and sell, or cause others to expose and sell by public vendue or outcry any goods, wares and merchandises (except as hereinafter ex- cepted) , he, she or they so offending shall forfeit and pay for every such offense a sum of money equal to the value of the goods sold or exposed to sale, to be recovered by action of debt, bill, plaint or information by any person who will sue for the same, one-half thereof for the use of the person so suing and the other half thereof to be paid to the state treasurer for the use of this state. [Section III] (Section III, P. L.) Provided always, and it is hereby further enacted, That nothing herein con- tained shall extend or be construed to extend to hinder any sheriff, constable or other officer to sell and dispose of by way of vendue any goods, wares or merchandises taken in execution and liable to be sold by order of law or to hinder any person or persons from selling or exposing to sale by public vendue or otherwise any goods or chattels whatsoever taken and distrained for rent being in'arrear, or to prohibit any lawful executor or executors, administrator or administrators, to expose to sale by public vendue or otherwise any goods or chattels which were of their respective testators or intestates, or persons about to remove from selling lands, tenements, live stock, farming utensils and household furniture, but all and every such person or persons may do herein as they might have done before the passing of this act. [Section IV] (Section IV, P. L.) And be it further enacted by the authority aforesaid, That from and after the publication of this act no male white person capable of bearing arms shall for and notwithstanding any pass, license or protection by him obtained under any pre- tense whatsoever, be suffered to go about as a peddler or hawker in this commonwealth, and that any such person offending against the directions of this act shall upon due conviction thereof forfeit and pay the sum of fifty pounds for every offense to be recovered and applied in the same manner and to the same uses as fines incurred for selling by vendue are to be recovered and applied by virtue of this act. 708 EEVOLUTTONAEY LEGISLATION. [Section V] (Section V, P. L.) And be it further enacted by the authority aforesaid, That so much of an act of general assembly of this state passed the fourteenth of February, one thousand seven hundred and twenty-nine (thirty), entitled, "An act for regulating peddlers, vendues," etc.,' as relates to the regulating of peddlers and hawkers and is not altered or amended hereby shall remain in full force, and all and every part in the same act that relates to the regulating of vendues is hereby repealed. [9 Stats. 177.] CHAPTER DOOLXXIX. AN ACT TO PREVENT FORESTALLING AND REGRATING AND TO ENCOURAGE FAIR DEALING. (Section I, P. L.) Whereas during the present interrup- tion of commerce and the great demand for many neces- sary articles occasioned by the war the prices of goods and merchandise are greatly enhanced by the practices and combinations of evil and designing men to the great oppression of the poor and injiuy of the commonwealth: For remedy whereof: [Section I.] (Section II, P. L.) Be it enacted, and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in General As- sembly met, [and] by the authority of the same, That from and after the publication of this act no person or persons within this commonwealth shall purchase (except in small quantities for their own use and the consumption of their families or tradesmen and artificers for carrying on the business of their trades) any of the following articles, to-wit: wine, rum, whiskey, molasses, sugar, tea, coffee, salt, leather, deer-skins, furs, wool, flax [cotton] cotton and wool cards, butter, cheese, iron-castings, wire, nail rods, bar iron, steel, hemp, linen, tow or woolen clothes, ready-made clothes, stockings, shoes, wheat, rye, Indian corn, barley, oats, spelts, beans, peas, meal or flour of any kind, beef, pork, mutton, cider, beer, tobacco, neat cattle, sheep, hogs or other live stock, except to keep or fatten on their own farms, or any other goods, wares or merchandise brought or to be brought into this state until such person or persons shall first obtain a permit so to do 1 Passed June 19, 1777. See the note to the Act of Assembly passed rebruary 14. 1729-30, Chapter 308. The act in the text was repealed by the Act of Assembly passed November 26, 1779, Chapter 870. LaW§ 6# MiSrsrS^LtAifiA, i1^^. '709 signed by one of the persons hereinafter appointed re- spectively, who are hereby enjoined not to grant such permit to any person or persons but such as are known to be of good character for probity and public spirit and known friends to the freedom and independence of the American states, and who shall have taken the oath or affirmation of abjuration and allegiance to this state prescribed by law; and if any person or persons so per- mitted shall misbehave in the said business by selling any articles at an imreasonable profit or refusing to seU them at a reasonable profit for bUls of credit of this state or biQs of the United States, the commissioners for said counties respectively or a majority of them who have so as afore- said granted such permit shall and may by writing under their hands revoke the permits so granted, and every person so misbehaving in purchasing or refusing to sell as aforesaid shall upon being legally convicted thereof before any court of quarter sessions in this state forfeit all the goods, wares or merchandise so bought and refused for sale or the value thereof one moity to the use of the informer and the other moity for the use of the state, to be pro- secuted and recovered with costs of suit by the commis- sioners or any one of them appointed to grant such permit in the coimty where the offense is committed. [Section II.] (Section III, P. L.) And be it further enacted by the authority aforesaid, That no person or persons shall sell within this commonwealth any of the articles aforesaid which he hath engrossed or hath now in his possession or which he may hereafter purchase and bring in from any of the neighboring states without first obtaining a permit so to do from the said commissioners or one of them hereinafter mentioned on penalty of for- feiting double the value of every article so sold or of suffer- ing imprisonment for any time not exceeding three months, accordiag as the prosecution shall be first begun for the said penalty or by indictment for the offense and to prevent any fra,ud in the sale of the said articles which shall be sold by any such purchaser or engrosser who has any of the said articles in his [or her] possession, he or she shall before any [such] permit be given to him or her, make out a true list or inventory of all such articles which he or she has in possession and deliver the same on oath or affirmation to some one of the commissioners hereby authorized to grant such permit. 110 EEVOLtrmoifABY LEGISLATION. Proyided nevertheless, That any person who has on hand or may hereafter get into his or her possession any of the goods, wares or merchandise above enumerated and shall neglect or refuse to deliver an inventory as afore- said to some one commissioner of the coimty and apply for a permit to sell them, agreeable to the intention of this act, he, she or they so offending shall forfeit all such goods, wares or merchandise or the value thereof, to be prose- cuted, recovered and applied as aforesaid forfeiture is directed to be prosecuted, recovered and applied. (Section IV, P. L.) And whereas many persons under pretense of being employed to purchase for the army have heretofore purchased many of the articles enumer- ated in this act in order to engross and sell them again at exorbitant prices: [Section III.] Be it further enacted by the authority aforesaid, That no commissary or assistant commissary or other person or persons whatsoever authorized to purchase supplies for the army or navy of the United States shall purchase any of the aforesaid articles in this state untU he hath produced his appointment to and obtained a certificate from one of the said commission- ers in this state and any person or persons who shall purchase any of the articles aforesaid under pretense that they are for the use of the army or navy who is not properly authorized as aforesaid shall forfeit treble the value of the article so purchased and be liable to impris- onment at the discretion of the court before whom the conviction shall be, not exceeding three months. [Section IV.] (Section V, P. L.) And be it further enacted by the authority aforesaid. That the following persons be and they are hereby appointed commission- ers for the purposes aforesaid, to-wit: John Moore, Wil- ham Antis and Andrew Knox, Esquires, for the county of Philadelphia; Gerardus W3aikoop, Thomas Dyer and George Wykart, Esquires, for the county of Bucks; George Irwin, Thomas Cheney and Philip Scott, Esquires, for the county of Chester; Morris Erwin, Christopher Marshall and Timothy Green, Esquires, for the county of Lancas- ter; Archibald McLean, David Watson and Benjamin Leden, Esquires, for the county of York; John Creigh, John Agnew and George Matthews, Esquires, for the county of Cumberland; Peter Spiker, Jacob Shoemaker and Paul Groflcoop, Esquires, for the county of Berks; Robert Levers, Samuel Ray and William McNair, LAWS &¥ PENNSYLVANIA, 1778. 711 Esquires, for the couiity of Northampton ; WilUam Packer, Thomas Paxton and Cornelius McCauley, Esquires, for [the county of] Bedford; Samuel Allen, John Ouran and Mordecai McKinney, Esquires, for the County of North- umberland, and Edward Cook, Charles Foreman and John Moore, Esquires, for the county of Westmoreland; and the said commissioners respectively or any pf them are hereby authorized and empowered to grant such per- mit agreeable to the tenor of this act, which permit shall be and continue in force, (unless sooner revoked) for the space of one year next following and no longer for which permit the person applying shall pay the sum of ten shillings to the commissioners for their trouble. [Section Y] (Section VI, P. L.) And be it further enacted by the authority aforesaid. That if any person or persons shall think him or themselves aggrieved by the judgment of said commissioners or any of them in any matter or thing done or to be done by virtue of this act, that it shall and may be lawful for such person or persons to appeal to the supreme executive council of this state or to the justices of the peace for the said county at their court of quarter sessions, whose judg- ment thereon shall be final and decisive. [Section VI] (Section VII, P. L.) And be it further enacted by the authority aforesaid, That no person or persons within this state shall be permitted to purchase any whiskey or species of clothing manufactured or unmanufactured necessary for the use of the army until he gives the commissioners or some one of them of the county where he, she or they reside such security or assurance as they may judge necessary that he, she or they will not remove or cause to be removed the articles aforesaid, out of this state. Passed January 2, 1778. See the two Acts of Assembly passed April 1, 1778, Chapters 795, 797; May 25, 1778, Chapter 799; September 9, 1778, Chapter 812; September 10, 1778, Chapter 816; November 27, 1778, Chapter 819; March 16, 1779, Chapter 827; April 3, 1779, Chapter 841; April 5, 1779, Chapter 845; October 6, 1779, Chapter 856; October 8, 1779, Chapter 859; February 28, 1780, Chapter 876; (repealed by the Act of Assembly passed) March 22, 1780, Chapter 904. 712 KEVOLUTIONABY LEGISLATION". [9 Stats. 181] CHAPTER DCCLXXX. AN ACT FOR THE KBGULATION OF WAGONS, CARRIAGES AND PACK HORSES FOR THE PUBLIC SERVICE. (Section I, P. L.) Whereas the mode which the deputies of the quarter-master general have pursued in procuring of wagons for the use of the army has been attended with great inconveniences and has thrown the burden of supplying them very unequally on the people and if continued may not only be oppressive to individuals but injurious to the common cause by rendering it difficult if not impracticable to procure them: [Section I.] (Section II, P. L.) Be it therefore enacted, and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in General Assembly met, and by the authority of the same. That the president or vice-president and council shall appoint and commission one wagonmaster-general for this state and one deputy wagonmaster-general for each county respectively and the said county wagon- master shall and may appoint as many assistants in their counties as they may find necessary not exceeding one in each battalion district and it shall be the duty of the said county wagonmasters with the assistance of their deputies immediately to make out hsts of all the wagons and teams and the names of the owners thereof in their respective counties, and register the same in a book and transmit a true copy thereof to the wagon- master-general, who shall transmit a true and exact copy of the returns to him made as aforesaid to the president and council as soon as conveniently may be. And the said county wagonmaster shall keep an exact account of the service which from time to time shall be performed by the said wagons and teams, specifying the time they were so in service and transmitting copies there- of to the said wagonmaster-general once in every four months at least. [Section II] (Section III, P. L.) And be it further enacted by the authority aforesaid. That if any county wagonmaster shall refuse or neglect to obey the orders of the wagonmaster-general or any other lawful order which he may receive in pursuance of this act, the said wagonmaster-general may suspend such county wagon- master, and appoint another in his stead until a hearing can be had before the supreme executive council and LAWS OF PENNSYLVANIA, 1178. 713 in case any assistant wagon-master shall refuse or neglect to obey the orders of the county wagon-masters or any other lawful orders which he may receive in pursuance of this act, the said county wagonmaster may suspend such assistant wagonmaster and appoint another in his stead. [Section III] (Section IV, P. L.). And be it further enacted by the authority aforesaid. That upon apphca- tion to the wagonmaster-general of the state by the quartermaster-general he shall issue his orders to the county wagonmasters to furnish the number of wagons and teams that they may be wanted, taking care that as far as circumstances will admit they perform the same service in rotation, paying due regard to those whose ■ wagons and horses have already been in the service. And that in sudden emergencies the wagon- master of the state and the wagonmasters of the respective counties do pay immediate attention to the demands of the honorable Congress, of the supreme executive council, of the oflBicers who may have the charge of public records or papers, of the quartermaster-general and of the lieutenant or sub-lieutenant of the county. [Section IV.] (Section V, P. L.) And be it further enacted by the authority aforesaid. That whensoever and as often as the aforesaid wagonmasters or their assistants or either of them shall have occasion to call out any of the wagons or teams within their respective counties or districts in pursuance of the regulations con- tained in this act and the owner thereof shall refuse to perform the duty when called upon, the said wagonmaster shall make appUcation to any justice of the peace of the county who shall issue his warrant to any constable of the county in which the owner or owners of the same wagons shall reside, requiring him to impress the said wagons with four or more sufficient horses to each and the necessary gears and tacMings thereto belonging, and to procure one able driver or carter to each and every wagon or team, which constable is hereby required to obey the said warrant and to call to his assistance the militia where it may be needed, and the form of the said warrant may be as foUows, to-wit: county, ss : To the constable of "Whereas application has been made by A. B., wagon- master, to me the subscriber one of the justices of the Vl'i BEVOLUTIONABY LEGISLATiOif. peace in and for the county aforesaid setting forth that it is necessary to impress carriages and horses for the public service and that the wagons and horses annexed to the names hereunder written are required and allotted by him to be employed in the pubhc service. These are therefore to authorize and require you with proper assist- ance to impress the said wagons and horses with the gears and tackhngs thereto belonging suitable for the public service and dehver them to the said at such time and place as he shall direct, and also that you do your best endeavors to procure and hire an able driver to each wagon on as reasonable terms as may be. Hereof fail not, as you shall answer the con- trary at your peril. Given under my hand and seal at , in the said county, the day of , Anno Domini 177 — ." The list referred to in the above warrant may be as follows : C. D., of township, __ wagon and horses with gears and tackling. E. F., of .- township, wagon and horses with gears and tackling. G. H., of township, horses with gears and tackling. And the said justice shall have for each of the said warrants the sum of eighteen pence and the said con- stable the sum of twenty shillings for each day he shall be employed in executing the said warrants, to be paid by the wagonmaster out of the hire of the said wagons. [Section V.] (Section VI, P. L.) And be it further en- acted by the authority aforesaid, That if any person or persons from and after the twentieth day of February next, under pretense of being quartermasters or other- wise, shall seize or impress any wagon or wagons, team or teams, otherwise than according to the directions contained in this act, excepting only in case of sudden or unexpected emergencies, by express warrant from the commander in chief of the continental army or of the forces in this state, he or they so offending shall for each of the said offenses forfeit and pay the sum of fifty pounds, to be recovered by the party grieved with costs in an action of debt. [Section VI.] (Section VII, P. L.) And be it further enacted by the authority aforesaid. That in such part or parts of this state in which from time to time pack LAWS OF PENNSYLVANIA, HIS. 715 horses may be required in lieu of wagons for the public service the several officers aforesaid shall as far as may be proceed in all things according to the directions of this act; and that the wagonmaster of the state shall be allowed and paid for the services enjoined by this act the pay and rations of a lieutenant colonel and each of the county wagonmasters the pay and rations of a major, and each of their assistants the pay and rations of captain while in actual service. And the pay of each wagon with four horses and driver shall be thirty shillings per day when they receive forage and rations and forty-five shillings per day when they find their own forage. [Section VII.] (Section VIII, P. L.) And be it further enacted by the authority aforesaid, That before the said wagons, horses, harness, gears and other furniture be sent out of the district, the same shall be duly appraised by two reputable freeholders of the neighborhood, one of them to be chosen by the said wagonmaster, the other by the owner of the wagon; and if the said owner shall neglect or refuse to choose one of the said freeholders, then the other freeholder is to choose two others and those three are duly and conscionably to appraise and value the said wagon and horses, harness and other furniture, one copy whereof, signed by them, shall be given to the said owner and another copy to the said wagonmaster who shall enter the same in a book to be kept for that purpose. [Section VIII] (Section IX, P. L.) And be it further enacted by the authority aforesaid, That the several wagonmasters who [sic] which shall be appointed in pur- suance of this act and also the drivers of the said wagons shall and they are hereby exempted from all militia duties during the time and as [long as] they shall be in actual service. [Section IX.] (Section X, P. L.) And be it further enacted by the authority aforesaid. That this act shall continue and be in force until the end of the first sitting of the next general assembly and no longer. Passed January 2, 1778. See the note to the Act of Assembly passed March 17, 1757, Chapter 421; and the Acts of Assembly passed March 12, 1778, Chapter 787; September 10, 1778, Chapter 814; November 30, 1778, Chapter 821; April 5, 1779, Chapter 844. '716 EEVOLUflOilAfe^ LEGISLAiabN". [9 Stats. 189.] CHAPTER DCCLXXXII. AN ACT FOB THE BETTER SUPPLY OF THE ARMIES OP THE UNITED STATES OP AMERICA. (Section I, P. L.) Whereas notwithstanding the large quantities of clothing which have been seasonably ordered from Europe for the armies of the United States of Amer- ica, adequate supplies have not yet been imported: And whereas a regular and fixed mode of collecting and providing such supplies as can be furnished in this state will enable the legislature thereof to administer on any emergency more expeditiously aad effectually to the necessities not only of their quota of troops, but also of the rest of the army: [Section I.] (Section II, P. L.) Be it enacted, and it is hereby enacted by the Eepresentatives of the Freemen of the Commonwealth of Pennsylvania in General Assembly met, and by the authority of the same, that Michael Shu- bart and John Wentz, of the county of Philadelphia; Colonel Lacy and Kobert Stewart, of the county of Bucks; Matthew Boyd and Samuel Cunningham, of the county of Chester; James Lang and Robert Craig, of the county of Lancaster; Robert Lattimore and George Groff, of the county of Northampton; Colonel David Kennedy and Colonel William Morrison, the elder of the county of York; Colonel James Johnson and Colonel William Chambers, of the county of Cumberland; and Henry Haller and Daniel Messersmith, of the county of Berks; be and they are hereby appoiated and constituted commissioners iu their respective counties to collect, seize and take for the use of the army of the United States aU woolen cloths, linens, blankets, dressed and tanned leather, shoes, stockings, coats, waistcoats, breeches, shirts and hats, with such other articles of clothing suitable for the soldiery which may be found in the possession of any person or persons inhabiting or residing within their respective counties for the purpose of sale and not for their own use or family consumption; and the said commissioners are hereby directed and required to give certificates or receipts for the same, expressing therein the quantity, value and quality of the goods, except in case they are forfeited by any provision in this act. Provided always, That no goods, wares or merchandise which have been or shall hereafter be bona fide imported into this state on account of any person not subjects or LAWS OF PENNSYLVANIA, 1118. 717 citizens of any of the United States, so long as the same shall continue their property but no longer, may or shall be seized or taken by the said commissioners or any of them. And if any person who may on good grounds be suspected by the said commissioners or any of them of having concealed any of the said goods, wares, merchandise or other articles of clothing in any storehouse or other place shall refuse to permit such commissioner to have free access thereto, the said commissioner shall apply to some justice of the peace of the county who is hereby directed to issue his warrant upon oath or affirmation being first made before the said justice that there is suspicion of concealment, commanding any constable, and where there is no constable or the constable shall refuse to act any other fit person, at the proper expense and charge of the owner, if any such secreted goods shall be found, if not, at the charge of the state, to take with him such assist- ance as may be necessary and attend the said commis- sioner in discovering and assist him in seizing and taking any such secreted goods. [Section II.] (Section III, P. L.) And be it further enacted by the authority aforesaid. That the owner or owners of the goods, wares and merchandise before enumerated and other articles of clothing shall exhibit and deUver to the commissioner seizing such goods, wares, merchandise and clothing a true account on oath or afiirmation of the original prices which they cost him and of the incidental charges thereupon. And the com- missioner aforesaid shall appoint four honest, judicious and reputable housekeepers of the neighborhood, who may add thereto any sum they make think reasonable for the advancing the money for and the care and trouble of such owner about such goods, so as the same do not exceed twenty per cent, thereupon, for which value so to be ascertained the said commissioner shall give a certificate to every such owner except in case of for- feiture, who, upon application to the receiver general hereinafter named or to the receiver-general for the time being, shall receive a draft from him, which he is hereby authorized and required to give, upon the clothier gen- eral of the United States of America for payment upon sight of such draft or order. But if any owner or owners shall neglect or refuse to deliver in such account as aforesaid to the said commissioner within ten days after the seizure thereof, then the goods aforesaid shall be 718 BEVOLTJTIONAKY LEGISLATION. forfeited to the use of the state and the owner or owners shall be barred from receiving any compensation therefor. [Section III.] (Section IV, P. L.) And be it further en- acted by the authority aforesaid, That the said commis- sioners or such as may hereafter be appointed by virtue of this act be and they hereby are empowered and directed to contract with proper and fit persons in their respective counties or elsewhere to make up said cloths and manu- facture the said materials for use, and to transmit the clothing so procured from time to time to the person hereinafter appointed receiver-general of the same, whose receipts certifying the number and kind of the various articles, shall be carefully preserved by them and laid before the Legislature. (Section V, P. L.) And that the said commissioners may be enabled to answer the end of their appointment more effectually: [Section IV.] Be it further enacted. That they be and hereby are exempt from actual service in the militia during their continuance in that office, and that all such tailors and shoemakers whom the said commissioners or any of them shall find it necessary to employ for the pur- poses aforesaid shall during such their employment be exempted from actual service in the militia, and the [certificate] of the said commissioner or any one of them shall be sufficient voucher to any such tradesman of his being so exempted, provided he show the same to his captain or the officer notifying him to serve in the militia at the time of such notification or within two days thereafter, and provided that during such exemption the said tradesman be bona fida employed in the said business only, and that he receive no other wages except a reasonable allowance for board in lieu of rations than the pay he would have been entitled to receive for actual service in the militia. (Section VI, P. L.) And in order that the commis- sioners may be enabled to pay the said tradesmen: [Section V.] Be it enacted by the authority aforesaid. That it shall and may be lawful for the said commis- sioners respectively to draw on the treasurer of this state for any sum of money not exceeding one hundred pounds, and the receipts of the said commissioners repsectively shall be available to the said treasurer in accounting for so much of the pubhc money. And in case the said sum be laid out and expended by the commissioners of LAWS OF PENNSYLVANIA, 1'7'78. 719 any county in the service for which it was drawn, it shall and may be lawful for the said commissioners respectively, with the approbation of two members of assembly for the same county for which the commissioners are ap- pointed, to draw for such further sum upon the treasury from time to time as may be expedient until the next meeting of the legislature; and the said commissioners shall be severally accountable to the legislature of this state for all sums of money by them received in pur- suance of this act. [Section VI.] (Section VII, P. L.) And be it further enacted by the authority aforesaid, That the said com- missioners and their successors in office and the person hereinafter appointed to receive the clothing by them collected and procured shall from time to time be di- rected by and obey the order and instructions of the legislature, and during their recess of the supreme executive council of this state. [Section VII.] (Section VIII, P. L.) And be it enacted by the authority aforesaid, That Colonel Fi;ancis John- ston be and is hereby appointed receiver-general of the said clothing and materials and empowered to receive from the said commissioners and each and every of them all clothing and materials by them seized, taken, collected or prepared, and the same safely to store and keep, to be disposed of as he may be ordered and in- structed as aforesaid, and to transport the same or any part thereof to such place or places and deliver the same to such person or persons as he may be so ordered or directed, taking proper receipts, certifying the number and kind of the article delivered, to be by him produced to the legislature at the settlement of his accounts, and to draw upon the treasury of the state for any sum not exceeding one hundred pounds in the manner that the commissioners are above empowered to draw, and his receipt shall discharge the treasurer for the sum or sums therein specified to be drawn and the said receiver- general shall be accountable to the legislature of this state for all such clothing and materials to him delivered and for all the moneys by him received in pursuance of this act. [Section VIII.] (Section IX, P. L.) And be it further enacted by the authority aforesaid, That the said receiver- general for receiving and faithfully keeping the clothing committed to his care shall be allowed and paid the 720 KEVOLUTIONAEy LEGISLATION. sum of thirty-five shillings per day, together with aU reasonable expenses of storage and transportation. And each of the said commissioners shall be allowed and paid thirty shillings per day for every whole day he shall be actually employed in discharging the duties of his trust, together with all reasonable expenses of sending the clothing to the receiver-general. [Section IX.] (Section X, P. L.) And be it further enacted by the authority aforesaid. That if the receiver- general or any of the commissioners above named or hereafter to be appointed as this act directs, after having entered on the duties of his appointment shall be guilty of wilful neglect, fraud or peculation and shall be thereof legally convicted in any court of quarter sessions of this state, he shall be fined at the discretion of the said court, according to the nature and heinousness of the offense for the use of the state, together with costs of suit. [Section X.] (Section XI, P. L.) And be it further enacted by the authority aforesaid. That the said receiver- general and commissioners respectively before they enter on the duties of their employment shall take the oath or affirmation of allegiance directed by an act of general assembly enacted the thirteenth day of June last before some justice of the peace (provided they have not taken the same before) and also an oath of oflice for the faithful discharge of their respective trusts under this act. [Section XI] (Section XII, P. L.) And be it further enacted by the authority aforesaid, That if the said receiver-general or any of the said commissioners shall by death, removal out of the county where they reside or any other disability be rendered incapable of discharg- ing the duties of this act or should refuse the same, the supreme executive council for the time being may and shall during the recess of the house only supply the vacancy so happening; and the person or persons so appointed shall be invested with the same powers, receive the like rewards, be subject to the same penalties and take the same oaths or afiirmations as those ap- pointed in this act. (Section XIII, P. L.) And in order that all may have an opportunity of contributing as far as in their power to relieve the wants of their brave countrymen and fellow citizens now fighting in a most righteous and LAWS OF PENNSYLVANIA, 1778. 721 glorious cause, and on the other hand that none may have reason to complain that they are repeatedly called upon while others are passed by and excused: [Section XII.] Be it enacted, That each of the com- missioners in collecting the said clothing and materials shall apply to every family in rotation in this county in which he believes or apprehends there are any of those articles to spare, and shall keep a book in which he shall make fair and regular entries of the clothing or material for prepariug it or blankets procured in each, which shall be appraised and paid foi in mannei before directed. (Section XIV, P. L.) And whereas there are many subjects of this state who have hitherto neglected to give evidence of their attachment to the United States of America and of their renouncing all allegiance and obedience to the Bang of Great Britain by taking the oath of afiirmation prescribed by law, some of whom are notoriously inimical: (Section XIII.) Be it therefore enacted. That if any person shall refuse or neglect to produce to any of the said commissioners in their respective counties upon demand a legal certificate of his having taken the oath or affirmation of allegiance directed by act of general assembly passed the thirteenth day of June last, and such person shall have any blankets, clothing or articles be- fore enumerated to sell, or such a quantity of any of them as to enable him, in the opinion of such commissioners, to spare a part without distressing his family, and shall deny the sale of the same upon the terms hereinbefore mentioned, then and in such case the said commissioner may and he is hereby directed to seize and take the same and give a receipt or certificate to the owner, expressing therein the species, quantity and quality thereof, but if the owner shall refuse to accept and shall not within ten days thereafter demand such receipt or certificate, the said owner shall be forever barred from recovering or receiving anything in consideration of the goods or articles so taken, and the same shall be deemed forfeited to the state. (Section XV, P. L.) And whereas it is essentially necessary that magazines of provisions should be sea- sonably provided for the army and many inhabitants of this state through motives of avarice or disaffection 37639°— 18 46 722 BEVOLXmONAKY LEGISLATIOlSr. refuse to sell their produce or what they have purchased for the purpose of sale unless at most exorbitant prices: [Section XIV.] Be it therefore further enacted by the authority aforesaid, That Peter Evans and Colonel John Moore, Esquires, of the county of Philadelphia; Andrew Kichlin and Joseph Greer, of the county of Bucks; Thomas Heslip and Samuel Culbertson, of the county of Chester; Thomas Edwards and David Watson, of the county of Lancaster; Major James Dill and Major William Scott, of the county of York; William Blair and John Andrews, of the county of Cumberland; John Orndt and David Deshler, of the county of Northampton; Robert Culbertson and Moses Reed, of the county of Bedford; William Gray and John Little, Esquires, of the county of Northumberland; and Joseph Thorn and John Brannon, of the county of Westmoreland, be and they are hereby appointed and constituted commis- sioners in their respective counties. And they are hereby authorized and empowered within their respec- tive counties to seize and take for the purpose of forming of magazines for the army of the United States of America all flour, wheat, rye, Indian corn, oats, spelts, hay an^ whiskey, and all beef and pork which may be found in the possession of any person or persons for the purpose of sale and not for their own use or family consumption and also all the said enumerated articles together with cattle and swine which shall be found in the possession of any person who shall refuse or neglect to produce to them or any of them upon demand a legal certificate of his having taken the oath or afiBrmation of allegiance aforesaid, and has the same articles or any of them for sale, or have such a quantity thereof as to enable him in the opinion of such commissioner to spare a part without distressing his family, and shall deny the sale of the same at the rates and prices hereinafter mentioned; and the said commissioner is hereby re- quired to tender to such persons respectively such prices, and if the owner or owners shall refuse to accept or shall not within ten days thereafter demand the same, such owner or owners shall be forever barred from recovering the sum so tendered or any other sum in consideration thereof, and the same shall be deemed forfeited to the state. And the said commissioners or any of them are hereby further empowered and directed to purchase from any other persons who are willing to sell the same at LAWS OF PENNSYLVANIA, 1118. 723 the prices aforesaid any of the said enumerated articles or provisions or forage above-mentioned and to pay them therefor. Provided always, That the said commissioners and every of them do observe such instructions and orders as they shall from time to time receive from Congress re- lating to the quantity of the articles of provision and for- age by them to be purchased or seized and taken in manner aforesaid and the places where the same shall be deposited or carried to and the manner in which they shall be secured and managed, and are furnished by them with money fromi time to time for the purposes afore- said. And the said commissioners shall severally settle with the Congress or such person or persons as they shall appoint to liquidate and adjust their .accounts for all moneys to them so advanced and paid under the penal- ties of double the sums of money to them severally advanced to be recovered for the use of the Congress upon legal conviction in any court of quarter sessions of the county where such commissioner shall be an inhab- itant or in the supreme court. [Section XV.] (Section XVI, P. L.) And be it enacted by the authority aforesaid, That the rates and prices of the several articles of provisions and forage aforesaid shall be as follows, to-wit: for every hundred weight of flour, thirty- three shillings; every bushel of wheat, twelve shillings; every bushel of rye, nine shillings; every bushel of Indian corn, seven shillings and six pence; every bushgj of oats or spelts, five shillings; every gallon of whiskey, eight shillings and six pence; every pound of fresh beef, from eight pence to twelve pence according to the good- ness thereof; every pound of fresh pork, from nine pence to twelve pence, according to the goodness thereof; and for neat cattle and swine at the same rates per pound as for beef and pork respectively as near as can be estimated, allowing the owner for the fifth quarter on the said neat cattle. And in case the commissioner and owner cannot agree about the estimated weight of any neat cattle or swine, then the commissioner shall appoint three judi- cious and impartial inhabitants of the neighborhood to determine the same, the opinion of whom or of any two of them on oath or affirmation (which such commissioner is hereby empowered to administer) shall be conclusive and final. 724 KEVOLUTIONAKY LEGISLATION. Provided always, That the persons so to be appointed shall have taken the oath of allegiance aforesaid. [Section XVI.] (Section XVII, P. L.) And be it en- acted by the authority aforesaid. That if from prox- imity of the enemy or other causes the commissioner or commissioners may think it unsafe to attend his or their duty or expect to meet with resistance in the premises, it shall and may be lawful for such conmiissioner or com- missioners to apply to the lieutenant or a subheutenant or to any commissioned officer of the mihtia of the county for such a guard as he may think absolutely necessary for his security and the due performance of the service hereby required of him; and the said officer is hereby enjoined and required to attend him with such guard accordingly, who shall be paid as when in actual service; and if any person shall be sued for doing any- thing in execution of this act, the defendant may plead the general issue and give this act in evidence and if the plaintiff shall discontinue his action, become iionsuit or a judgment pass against him upon a verdict or demurrer, the defendant shall recover double costs; and in all such suits the onus probandi shall be upon the plaintiff. [Section XVII.] (Section XVIII, P. L.) And be it fur- ther enacted by the authority aforesaid. That an ordi- nance of the councU of safety dated at Lancaster, the eighth day of November last, for collecting arms, blan- kets, etc., and one .other ordinance of the said council dated at Lancaster, the seventh day of November last, respecting the price of whiskey shall cease and be of no force or effect from and after the tenth day of January [instant]. [Section XVIIL] (Section XIX, P. L.) Provided al- waiys and be it enacted by the authority aforesaid, That this act shall continue and be in force for one year and from thence to the end of the first sitting of general assembly and no longer. Passed January 2, 1778. See the Acts of Assembly passed February 27, 1778, Chapter 783; April 1, 1778, Chapter 797; September 9, 1778, Chapter 812; April 3, 1779, Chapter 841; October 9, 1779, Chapter 864; March 23, 1780, Chapter 905; June 1, 1780, Chapter 913. LAWS OF PENNSYLVANIA, 1118. 725 [9 Stats. 199.] CHAPTER DCCLXXXIII. A SUPPLEMENT TO THE ACT, ENTITLED "AN ACT FOR THE BETTER SUPPLY OP THE ARMIES OP THE UNITED STATES." ' (Section I, P. L.) Whereas no commissioners are by the said act appointed to purchase, collect, seize and take within the county of Berks, for the purpose of form- ing magazines for the army of the United States of America, flour, wheat, rye, Indian corn, oats, spelts, hay, whiskey, beef, pork, cattle and swine, and to dis- pose of the same according to the direction of the said act: Therefore to remedy the said defect: [Section I.] (Section II, P. L.) Be it enacted, and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in General Assem- bly met, and by the authority of the same, That John Lesher, Valentine Eckart, Michael Grause and Christian Lauer, Junior, of the county of Berks, be and they are hereby nominated, constituted and appointed com- missioners in and for the said county. And they are hereby enjoined, authorized and empowered within the said county of Berks to do and perform the like services as by the said act to which this act is a supplement are required to be done and performed by the commis- sioners thereby appointed for the other counties of this commonwealth for procuring the articles hereinbefore enumerated for the purpose of forming magazines thereof for the army of the United States, who shaQ, before they enter upon the duties of their said office take the oaths or affirmations by the act hereinbefore recited, prescribed and required to be taken by the commissioners therein named. (Section III, P. L.) And whereas the necessity of immediately procuring and forwarding provisions and forage of every kind 'to the army of the United States is so great that the commissioners already appointed by law for those purposes may not be able without assistance to execute with due dispatch the trust in them reposed: [Section II.] (Section IV, P. L.) Be it further enacted by the authority aforesaid, That the commissioners in > Passed January 2, 1778, Chapter 782. 726 KEVOLTJTIONARY LEGISLATION. the said act to which this is a supplement and in this act named be empowered and directed and they are hereby empowered and directed to appoint so many fit persons within their respective counties to assist them in collecting and forwarding provisions and forage for the army, agreeable to the intention of the act to which this act is a supplement, as they shaU find absolutely neces- sary for those purposes; and the said assistants shall have equal pay with the said commissioners. (Section V, P. L.) And whereas also there is no direc- tion in and by the act to which this act is a supplement that the commissioners for collecting provision [s] and forage, in case of concealment or suspicion of conceal- ment, should apply to a justice of the peace of the county wherein such concealment may happen for his warrant to any constable or other fit person to discover and take any such secreted articles: [Section III] (Section VI, P. L.) Be it therefore further enacted by the authority aforesaid. That upon oath or afiirmation made of the concealment or suspicion of concealment of any of the articles hereinbefore enu- merated the commissioners of the county where such concealment or suspicion thereof may happen and so often as the same may happen or any of them or their assistants or any of them, shall apply to some justice of the peace of the same county, who is hereby directed and required upon such oath or affirmation made to issue his warrant commanding any constable, and where there is no constable or the constable shall refuse to act, any other fit person at the proper expense and charge of the owner if [any] such secreted goods shall be found, if not at the charge of the state, to take with him such assistance as may be necessary and attend the said commissioners or assistants or any of them in discovering and assist in seizing and taking any such secreted goods. Passed February 27, 1778. See the note' to the Act of Assembly passed January 2, 1778, Chapter 782. LAWS Ot PENNSYLVANIA, IIIS. 727 [9 Stats. 218.] CHAPTER DCCLXXXVIl. A SUPPLEMENT TO THE ACT, ENTITLED "AN ACT FOR THE HEGULATINfl OP WAGONS, CARRIAGES AND PACK-HORSES FOR THE PUBLIC SERVICE." ' (Section I, P. L.) Whereas by an act of general assem- bly of the commonwealth of Pennsylvania, entitled "An act for the regulating wagons, carriages, and pack-horses, for the public service,'" it is directed that the wagon service be performed in rotation: And whereas the time of the tour of duty to be per- formed by the wagons or teams respectively called into the service by virtue of the act, to which this act is a supplement is not limited, by reason whereof discontent and desertion may ensue : For remedy whereof: [Section I.] (Section II, P. L.) Be it enacted, and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in General Assem- bly met, and by the authority of the same, That all and every the wagons and teams, which now are, or hereafter shall be called into the service of this or the United States of America, in pursuance of the act, to which this act is a supplement, shall continue and remain in such service, for and during the full term of thirty days if not sooner discharged. But if it should happen, that the said term or tour of duty, should expire when such wagons or teams shall be on the way to the place where the loading is to be left, then it shall and may be lawful to keep such team or teams in the service until they return to camp or other place of destination; provided that such detention do not exceed -four days over and above the time limited by this act. [Section II.] (Section III, P. L.) And be it further enacted by the authority aforesaid. That if any wagon, driver or carter driving his own wagon or team shall desert from said service before the expiration of the time by this act limited, then it shall and may be lawful for the county wagon-master or his assistant, and he is hereby enjoined and required to procure and hire an able bodied driver in the room and place of such deserter, and cause the said team to be brought to the camp, or other place, where necessary, there to complete its tour of duty, 1 Passed January 2, 1778, Chapter 780. 728 REVOLUTIONARY LEGISLATION. exclusive of the time so lost by such desertion, deducting out the hire or wages of said team, the driver's wages and reasonable cost for hiring and procuring such driver, together with the sum of twenty pounds, as a fine on such deserter, to be paid to the state treasurer for the use of the state. [Section III.] (Section IV, P. L.) And be it further enacted by the authority aforesaid. That if any hired man or servant, driving a team or wagon, shall desert with the team or wagon under his care, such team or wagon shall be sent back by such wagon-master to com- plete its full tour of duty, exclusive of the time lost by such desertion: And such wagon-master is hereby em- powered and required at all times when necessary to hire wagon drivers to fill all vacancies occasioned by desertion or otherways and to deduct the wages for such wagon drivers, with reasonable cost for procuring the same, out of the pay or wagon hire due to the owner or owners of such team, and the said hired wagoner or servant desert- ing either with or without his cart or wagon shall be subject to such punishment and penalties as a mUitiamen deserting in the time of actual service, would suffer by the laws of this state. (Section V, P. L.) And whereas some of the battaUon districts may be too large for one assistant wagon-master at all times to do the duties of him required by law: Therefore : [Section IV.] Be it enacted by the authority aforesaid. That it shall and may be lawful for the several county wagon-masters of this state, at such times and places, when and where it may be necessary, to depute as many assistant wagon-masters, to serve pro tempore, as the exigency of affairs may require and that such wagon- masters shall receive the same pay and rations as the assistant wagon-masters are entitled to receive by the act to which this act is a supplement, during the time and as long as they shall remain in actual service and not longer. [Section v.] (Section VI, P. L.) And be it further enacted by the authority aforesaid. That the time, or tour of duty shall commence on the day and time when the brigade is formed, and that no number of wagons less than twelve shall be called a brigade, and be entitled LAWS OF PENNSYLVANIA, 1718. 729 to a wagon-master, which said wagon-master shall be allowed forage for one horse while in actual service. Passed March 12, 1778. See the note to the Act of Assembly passed January 2, 1778, Chapter 780; and the Acts of Assembly passed Novem- ber 30, 1778, Chapter 821; April 5, 1779, Chapter 844. [9 Stats. 236.] CHAPTER DCCXOV. AN ACT FOR REGULATING THE PRICES OF THE SEVERAL ARTICLES HEREIN MENTIONED FOE A LIMITED TIME. (Section I, P. L.) Whereas certain persons in this state, instigated by the lust of avarice and devoid of every principle of public virtue and humanity are assiduously endeavoring, by every means of oppression, sharping and extortion, to accumulate enormous gain to themselves, to the great distress of private famiUes in general and especially of the poorer and more dependent part of the community as well as to the great injury of the public service : (Section II, P. L.) For the suppression of such nefarious practices : [Section I.] Be it enacted and it is hereby enacted by the Representatives of the Freemen of the Common- wealth of Pennsylvania in General Assembly met, and by the authority of the same, That no person or persons whatsoever within this commonwealth from and after the first day of June next, shall ask, demand, receive, or take any greater or higher prices for any or either of the articles herein enumerated and mentioned than the several prices herein set down and Umited, to-wit : For wheat by the bushel twelve shillings. Merchant- able flour by the hundred thirty-three shilUngs. Rye by the bushel ten shilUngs. Indian corn by the bushel seven shillings and six pence. Barley by the bushel ten shillings. Oats and spelts by the bushel six shiUings. Buckwheat by the bushel five shillings. Whiskey, full prove, by the gallon nine shillings. Good cider by the barrel thirty shillings. Good strong beer by the barrel forty-five shillings. Good pork by the pound, from nine pence to a shilling according to its quality. Beef by the poimd, from eight pence to one shilling according to its quality. Firkin butter, tallow, and cheese by the pound, one shilling and three pence. Fresh butter by the pound two shiUings. Wool of a good quality by the poimd four 730 EEVOLtTTlONARY LEaiSLATlOSf. shillings. Flax from the swingle by the poirnd two shillings. Hemp of good quality by the pound one shilling and three pence. Bar iron by the ton eighty pounds. Nail rod iron by the hundred six pounds. Green hides by the pound eight pence. Sole leather by the pound four shillings. Upper leather well finished off by the pound six shillings. Other leather and skins in proportion. Deer skins in the hair of the best quality by the poimd five shilUngs, and others in proportion. [Section II.] (Section III, P. L.) And be it enacted by the authority aforesaid, That cloths of all kinds manu- factured in this state and all laborers and hirelings' wages both men and women by the day, month or year, together with all tradesmen and manufacturers of all kinds their rates and prices shall be double of what was usual in the year of our Lord one thousand seven hundred and seventy-four and shall be ascertained in case of any controversy by the two nearest justices of the peace whose determination in the premises shall be final be- tween the parties. Hay by the ton, and wood by the cord in the aforesaid proportions, to-wit, hay where sold for forty shillings shall hereafter be sold for four pounds ; and wood where sold for fourteen shillings shall hereafter be sold for twenty-eight shillings and so in proportion for any larger or lesser quantity. All goods, wares and merchandises of any kind what- soever now on hand, twenty-five per centum on the price given by the present owner including the carriage, which cost and carriage shaU be made appear on oath or affirma- tion before the next justice of the peace where such goods and merchandise are opened for sale and an invoice of the same shall be left with the said justice for the perusal of the public. [Section III.] And be it further enacted by the author- ity aforesaid. That all goods, wares and merchandise brought into this state from any of the United States of North America, shaU not be sold at a higher price than twenty-five per centum advance on the first cost, or purchase paid by the importer into this state to which it may be lawful for the importer to add a reasonable charge of carriage by him paid, which said prime cost and carriage are to be made appear as in the foregoing clause. LAWS OP PENNSYLVANIA, 1178. 731 [Section IV.] (Section V, P. L.) And be it further enacted by the authority aforesaid, That any person or persons whatsoever within this commonwealth who snail ask, demand, receive or take any greater or higher price or prices for any or either of the said several articles herein mentioned and recited shall for every such offense forfeit the goods or other articles so sold or offered for sale as aforesaid or the value thereof, to be recovered with costs of suit before any justice of the peace if five pounds OT under, and if more in any court of common pleas within this commonwealth to and for the use of any person who shall sue for the same. [Section V.] (Section VI, P. L.) And be it further enacted by the authority aforesaid, That the justices of the peace at their court of general quarter sessions of the peace for the several counties of this state shall have full power to set such reasonable prices on all provisions and victuals sold in the public houses in the said respective counties as they shall see fit which prices shall be pub- lished by the crier at the conclusion of their said respec- tive sessions and fixed upon the court-house door for pubHc view. Passed April 1, 1778. See the Act of AsBembly passed May 25, 1778, Chapter 799. The act in the text was repealed by the Act of Assembly passed September 9, 1778, Chapter 812. [9 Stats. 245.] CHAPTER DCCXCVII. ff A SUPPLEMENT TO THE ACT, ENTITLED "AN ACT TO PREVENT FORE- STALLING AND REGRATING AND TO ENCOURAGE FAIR DEALING."' (Section I, P. L.) Whereas there are no persons appointed in the act to which this is a supplement whose duty it is more particularly to make inquiry after offenders against the same and the commissioners named therein have not in some instances sufficient power and authority to carry the same into execution: For remedy whereof: [Section I.] (Section II, P. L.) Be it enacted, and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in General Assembly met, and by the authority of the same. That the commissioners of clothing appointed by an act > Passed January 2, 1778, Chapter 779. 732 EEVOLUTIONARY LEGISLATION. entitled "An act for the better supply of the armies of the United States of America,"' and each of them for the respective county in which they reside be appointed and they are hereby authorized, enjoined and required to make diligent search and inquiry after offenders against the same; and by all lawful ways and means to search for, and seize all such goods enumerated by the said act to which this is a supplement, and by the said act liable and ordered to be seized; and having dis- covered and seized the same to make a true return thereof to the commissioners mentioned in the said act or to some one or more of them, who are hereby author- ized and required to receive and take care of the same until they shall be disposed of as the said law directs. Provided, That no doors or locks shall be broken in order for such search or seizure unless an oath or affirmation be first made and a warrant granted in consequence thereof by some justice of the county. [Section II.] (Section III, P. L.) And be it enacted by the authority aforesaid, That the commissioners afore- said, before they enter farther upon. the duty required of them by this act and the act to which this is a supple- ment shall respectively take and subscribe before some justice of the county, the following oath or affirmation, viz: I do swear or affirm (as the case may be), that I wiU well and truly execute the trust reposed in me, and per- form the duty reqiiired of me by this act and by the act to which this act is a supplement according to the best of my skill and ability. And having taken and subscribed the oath aforesaid they and each of them shall be and they are hereby empowered to administer an oath or affirmation to such person or persons as shall apply to them for permits or license aforesaid, or in any other matter or thing which may relate to the truth of returns of the said enumerated articles required to be returned to the said commissioners or that may relate to the truth of the reputation and qualification of the person so applying for such permit or license, and also administer the oath or affirmation following to each of the persons hereinbefore named to search for and seize such goods aforesaid, Adz: "I, , do swear or affirm that I will well and truly execute the trust reposed in- me, and 'Passed January 2, 1778, Chapter 782. LAWS OF PENNSYLVANIA, 1178. 733 perform the duties required of me by this act according to the best of my skill and ability." [Section III.] (Section IV, P. L.) And be it further enacted by the authority aforesaid, That aU and every of such commissioners are enjoined and required to have a due regard to an act, entitled, "An act to prohibit the sale of goods, wares and merchandise by public vendue and to regulate peddlers and hawkers in this state," '■ that they grant no such permit to any person or persons as are in the said act debarred from the privilege of going about as a peddler or hawker in this commonwealth. Passed April 1, 1778. See the note to the Act of Assembly passed January 2, 1778, Chapter 779. The Act in the text was repealed by the Act of Assembly passed March 22, 1780, Chapter 904. [9 Stats. 249.] CHAPTER DCCXCIX. AN ACT FOR SUSPENDING FOR A LIMITED TIME THE ACT, ENTITLED "AN ACT FOR REGULATING THE PRICES OF THE SEVERAL ARTICLES HEREIN AFTER MENTIONED FOR A LIMITED TIME."^ (Section I, P. L.) Whereas the honorable the conti- nental Congress taking into their most serious considera- tion the exorbitant prices of every kind of merchandise and necessaries of life, have, by a resolve earnestly recommended it to each of the United States to enact laws for the purpose of regulating the prices of all goods, wares and merchandise and also manufacturers' and laborers' wages, and hkewise recommended conventions of delegates from each of the said United States to meet at certain times and places mentioned in the said resolve for the purpose of agreeing mutually upon certain principles as the basis of the aforesaid laws: And whereas this house ever willing to do all that in« them lies for the public utility consistent with the good of their constituents deeply impressed with the necessity and expediency of such general regulations and at the same time hoping for the concurrence of their sister states have enacted a law on the first day of April last, entitled "An act to regulate the prices of the several articles herein mentioned for a limited time," 'as nearly upon the principles of equity and justice as possible, 1 Passed June 19, 1777, Chapter 761. 'Passed April 1, 1778, Chapter 795. 734 EEVOLUnONAEY LEGISLATION. and at the same time suspended the operation of the said law until the first day of June next, in order to know what our neighboring states had done or would do in the aforesaid regulation: And whereas it appears that similar laws are enacted by few of the other states and that some of those are about to repeal or suspend theirs for a certain time, and it would be greatly injurious to the good people of this state to reduce the prices of the several articles men- tioned in the said act, when at the same time our neighbors are selling them at a much higher rate: And whereas it appears that by the blessing of God the time is not far distant when the manufacturers of Europe will flow in upon us and then trade will regulate itself with a more equal hand than it is possible for any human law to do. The good effects of which begin already to appear by the daily f alhng of the price of goods : Therefore: [Section I.] (Section II, P. L.) Be it enacted, and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in General Assembly met, That the act, entitled "An act for regu- lating the prices of the several articles herein mentioned for a limited time,'" and every clause, matter and thing therein contained shall be and are hereby suspended from the first day of June next until the eighth day of September next, and from thence to the end of the next sitting of the general assembly; anything contained in the said act to the contrary notwithstanding. Passed May 25, 1778. See the note to the Act of Assembly passed April 1, 1778, Chapter 795. [9 Stats. 272.] CHAPTER DCCCIX. AN ACT TO PROHIBIT THE EXPORTATION OF PROVISIONS FROM THE STATE OP PENNSYLVANIA FOR A LIMITED TIME. (Section I, P. L.) Whereas it is highly expedient to preserve within this state such articles of the produce thereof as may be necessary for the support of the in- habitants of the same or for the use of the United States of America: (Section II, P. L.) And whereas the restraining of the exportation of provisions may have a tendency to dis- LAWS OF PENNSYLVANIA, 1'7'78. 735 tress our enemies, and greatly weaken their operations against us by withholding from them the supplies they frequently obtain by capturing our vessels trading from this state: Therefore: [Section I.] (Section III, P. L.) Be it enacted, and it is hereby enacted by the Representative of the Freemen of the Conunonwealth of Pennsylvania in General As- sembly met, and by the authority of the same. That an embargo be and it hereby is laid to prohibit the exporta- tion of wheat, flour, rye, Indian corn, rice, bread, beef, pork, bacon, live stock, and other provisions from this state, from and after the publication of this act, until the fifteenth day of November next. (Section IV, P. L.) Provided always, That nothing in this act shall be construed to prevent the taking on board such provisions as shall be necessary for the stores, only, of any ships or vessels of war or others trading to and from this state. [Section II.] (Section V, P. L.) And be it further en- acted by the authority aforesaid. That if any wheat, flour, rye, Indian corn, rice, bread, beef, pork, bacon, live stock, or other provisions whatsoever, except as before excepted, shall at any time hereafter be laden or found on board any ship or vessel in any port of this state outward bound for sea, contrary to the true intent and meaning of this act, it shall and may be lawful for the naval officer or officers of such port or their deputies or any other person or persons whatsoever, to seize such wheat, flom-, rye, Indian corn, rice, bread, beef, pork, bacon, live stock, or other provisions, together with the ship or vessel in which the same shall be so laden and foimd and such vessel, together with the aforesaid arti- cles as shall be so laden or fcfund on board her at the time of such seizure, are hereby declared to be forfeited, one-third part thereof to the use of the state, one-third part to the use of the naval or other officer making such seizure, and the remaining third part to the use of the informer or informers on whose information the same shall be so seized and prosecuted to condemnation. (Section VI, P. L.) And whereas it may happen that the situation of the war and of public affairs, may be so altered before the said fifteenth day of November, as to permit the exportation of provisions without danger; 736 EEVOLUTIONAEY LEGISLATION. [Section III.] (Section VII, P. L.) Be it therefore en- acted by the authority aforesaid, That the supreme ex- ecutive council may at any time before the said fifteenth day of November by proclamation under their seal revoke the said embargo and prohibition, anything in this act to the contrary notwithstanding. Pafised September 7, 1778. See the Acts of Assembly passed No- vember 17, 1778, Chapter 817; April 3, 1779, Chapter 841; February 28, 1780, Chapter 876; September 22, 1780, Chapter 917; December 22, 1780, Chapter 922; February 27, 1781, Chapter 928; June 7, 1781, Chapter 943. [9 Stats. 288.] CHAPTEK DCCCXII. AN ACT TO REPEAL THE ACT, ENTITLED "aN ACT FOE REGULATING THE SEVERAL ARTICLES HEREIN MENTIONED FOR A LIMITED TIME,'" AND ALSO SO MUCH OP THE ACT, ENTITLED "aN ACT FOR THE BETTER SUPPLY OF THE ARMY OF THE UNITED STATES OF AMERICA," AND THE SUPPLEMENT THERETO AS IS HEREINAFTER MENTIONED."^ (Section I, P. L.) Whereas the honorable continental Congress recommended to the several states to enact laws for regulating the prices of goods, wares and mer- chandise and in consequence thereof the assembly of this state enacted a law for that purpose, entitled "An act for regxilating the prices of the several articles herein mentioned for a limited time," but as the neighboring states have not all complied with the aforesaid recom- mendation it is now judged expedient to repeal the same: (Section II, P. L.) And whereas it was represented to this house by Congress that the armies of the United States were at one time reduced to a difficulty in ob- taining provisions for their support, to remedy which a law was enacted, entitled "An act for the better supply of the army of the United States of America," and a supplement thereto, entitled "A supplement to the act, entitled 'An act for the better supply of the armies of the United States:' "' (Section III, P. L.) And whereas the necessity of the said act and supplement is in a great measure removed: (Section IV, P. L.) Therefore: ' Passed April 1,1778, Chapter 795. 'Passed January 2, 1778, Chapter 782. • Passed February 27, 1778, Chapter 783. LAWS OF PENNSYLVANIA, 1'7'78. 737 [Section I.] Be it enacted and it is hereby enacted by the Representatives of the Freemen of the Common- wealth of Pennsylvania in General Assembly met and by the authority of the same, That the said act, entitled "An act for regulating the prices of the several articles herein mentioned," and so much of an act, entitled "An act for the better supply of the armies of the United States of America," and the supplement entitled 'A supplement to the act entitled 'An act for the better supply of the armies of the United States,' " as relates to the prices of the articles therein mentioned, and for the taking and seizing of any of the things described in the said acts and supplement, are hereby declared to be repealed and made null and void to intents and purposes. Passed September 9, 1778. [9 Stats. 287.] CHAPTER DCCCXIV. A FURTHER SUPPLEMENT TO THE ACT, ENTITLED "AN ACT FOR THE REGULATION OF WAGONS, CARRIAGES AND PACKHORSES FOE PUBLIC SERVICE.' (Section I, P. L.) Whereas from the great rise of the price of all things necessary to equip a wagon and team of horses siuce the enacting of the act, entitled "An act for the regulation of wagons, carriages and pack horses for the pubhc service," it is become necessary to raise the pay of the said wagons, teams and horses: Therefore: [Section I.] (Section II, P. L.) Be it enacted, and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Peimsylvania in General Assem- bly met, and by the authority of the same. That from and after the pubhcation of this act, the pay of a wagon with four horses and a driver shall be the sum of three pounds fifteen shillings per day, if the owner find forage for the samC) and if forage is found by the pubhc the pay shall be two pounds fifteen shillings per day. (Section III, P. L.) And whereas ia the said act, entitled "An act for the regulation of wagons, carriages and pack horses for the pubUc service," the commander in chief of the continental army or of the forces in this state, were > Passed Januar; 2, 1778, Chapter 780. *"■ ^ 37e3&''— 18 IT 738 BEVOLTJTIONAEY LEGISLATION. empowered to impress wagons, horses, etc., in case of sudden and unexpected emergencies, the exercise of which power has from experience proved inconvenient and prejudicial to the good people of this commonwealth: Therefore: [Section II.] (Section IV, P. L.) Be it enacted by the authority aforesaid, That if any person or persons, imder any pretence whatsoever, shall impress any wagons, teams or horses within this commonwealth, except by virtue of express warrant for that purpose from the exec- utive council of this state, signed by the president or vice-president in council, every person so offending, shall for every such offense forfeit and pay the sum of fifty pounds, to be recovered as fines and forfeitures are in and by the said recited act directed to be recovered. [Section III.] (Section V, P. L.) And be it further enacted by the authority aforesaid. That so much of the said act as empowers the commander in chief of the con- tinental army, or of the forces in this state to impress wagons, teams or horses in cases of sudden emergencies and so much of said act as limits the wages of wagons and teams, are hereby repealed and made void. Passed September 10, 1778. See the note to the Act of Assembly passed January 2, 1778, Chapter 780. [9 Stats. 293.] CHAPTER DCCCXVI. A FUETHEE SUPPLEMENT TO THE ACT, ENTITLED "AN ACT TO PREVENT FORESTALLING AND BEORATINQ, AND TO ENCOURAGE FAIR DEAL- ING." ' (Section I, P. L.) Whereas by an act, entitled "An act to prevent forestalling and regrating and to encourage fair dealing," ' commissioners were appointed in each county to grant permits agreeable to said act. But as the city of Philadelphia was then in the possession of the enemy, commissioners were not appointed for the said city which renders the obtaining such permits inconvenient to the inhabitants thereof, (Section II, P. L.) For remedy thereof: [Section I.] Be it enacted and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania, in General Assembly met, and by the authority of the same. That William Henry and Ephraim ■ ' ■ ' " ■' ■ ii. i L I ■ um i^ iu-nDJ III i n - ) Massed f auusry 2, 1778, Ctiapter 778, LAWS OF PENNSYLVANIA, 1118. 739 Bonham of the city of Philadelphia, Esquires, be, and they are hereby appointed commissioners for the city of Phila- delphia, fully authorized and empowered to grant such permit or permits agreeable to the true intent and mean- ing of the aforesaid act; and to do and perform every matter and thing required of them as amply and fully as if they -had been nominated and appointed in the said act. Passed^ September 10, 1778. See the note to the Act of Assembly passed January 2, 1778, Chapter 779. The act in the text was repealed by the' Act of Assembly passed March 22, 1780, Chapter 904. [9 Stats. 294.] CHAPTER DCCCXVII. AN ACT TO PEOEOBIT THE EXPORTATION OP PROVISIONS PROU THE STATE OP PENNSYLVANIA FOR A LIMITED TIME. (Section I, P. L.) Whereas it is highly expedient to pre- serve within this state, such articles of the produce thereof as may be necessary for the support of the inhabitants of the same or for the use of the United States of America: (Section II, P. L.) And whereas the law made by the late assembly of this commonwealth for that purpose, en- titled "An act to prohibit the exportation of provisions from the state of Pennsylvania for a Hmited time," ' is now expired by its own limitation. [Section I.] (Section III, P. L.) Be it therefore enacted, and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennylvania in General Assembly met, and by the authority of the same. That an embargo be, and it hereby is laid to prohibit the exporta- tion of wheat, flour, rye, Indian com, rice, bread, beef, pork, bacon, live stock and other provisions whatsoever from this state from and after the pubHcation of this act until the first day of September next. (Section IV, P. L.) Provided always, That nothing in this act shall be construed to prevent the taking on board such provisions as shall be necessary for the stores only of any ships or vessels of war, or others trading to and from this state. [Section II.] (Section V, P. L.) And be it further enacted by the authority aforesaid, That if any wheat, flour, rye, Indian com, rice, bread, beef, pork, bacon, live stock or other provisions whatsoever, except as > Passed Septamlier 7, 1778, Ckaptet 809. 740 EEVOLUTIONAKY LEGISLATION. before excepted, shall at any time hereafter be laden or found on board any ship or vessel in any port of this state outward boiind for sea contrary to the intent and meaning of this act, it shall and may be lawful for the naval officer or officers of such port or their deputies or any other person or persons whatever to seize such wheat, flour, rye, Indian com, rice, bread, beef, pork, bacon, hvestock or other provisions together with the ship or vessel in which the same shall be so laden and found and such vessel together with the aforesaid arti- cles as shall be so laden or found on board her at the time of such seizure are hereby declared to be forfeited, one-third part thereof to the use of the state, one-third part to the use of the naval or other officer or person making such seizure and the remaining third part to the use of the informer or informers on whose information the same shall be so seized and prosecuted to con- denanation. [Section III.] (Section VI, P. L.) And be it further enacted by the authority aforesaid. That the supreme executive council of this state shall and may at any time during the continuance of this act by proclamation under their seal, either totally revoke the said embargo and prohibition or suspend the operation thereof so far as to admit the exportation of any of the articles within the description of this act for the use of the fleet of His Most Christian Majesty, and of the armies of the United States under the hmitations and restrictions contained in the resolutions of Congress already made or which may hereafter be made. Passed November 17, 1778. See the note to the Act of Asaembly passed September 7, 1778, Chapter 809; and the Acts of Assembly passed April 3, 1779, Chapter 841; February 28, 1780, Chapter 876. [9 Stats. 297.] CHAPTER DCCCIX. AN ACT TO PROHIBIT, FOB A LIMITED TIME THE MAKING OF WHISKEY AND OTHER SPIRITS FROM WHEAT, RYE, OB ANY OTHER SORT OP GRAIN OR FROM ANY MEAL OR FLOUR. (Section I, P. L.) Whereas the enormous quantity of grain which is distilled throughout this state, tends to increase the price thereof, to [the] great oppression of jiie.poor and occasions a difficulty in procuring the necessary supphes for the armies of the United Stetes: LAWS or PENNSYLVANIA, VTJS. 7.41 For remedy whereof: [Section I.] (Section II, P. L.) Be it enacted, and it is hereby enacted by the Representatives of the Free- men of the Commonwealth of Pennsylvania in General Assembly met, and by the authority of the same. That from and after the tenth day of December next no whiskey or other spirit whatsoever shall be made, ex- tracted or distilled within the city and county of Phila- delphia and the counties of Chester, Bucks, Lancaster, York, Cumberland, Berks and Northampton from any wheat, rye, barley, malt or other grain, or from any meal or flour before the first day of September next. [Section II.] (Section III, P. L.) And be it further enacted by the authority aforesaid. That from and after the twenty-fifth day of December next, no whiskey or other spirit whatsoever, shall be made, extracted or distilled within the counties of Bedford, Westmoreland, or Northumberland from any wheat, rye, barley, malt or other grain or from any meal or flour before the first day of September next. [Section III.] (Section IV, P. L.).And be it further enacted by the authority aforesaid. That if during the times respectively before limited, any distUler or maker of whiskey or other spirits or any other person or per- sons whatsoever, shall make, extract or distill or cause or procure to be made, extracted or distilled any whiskey or other spirits from any malt, wheat, rye, barley or other grain, or from any meal or flour, or shall use or mix or cause or procure to be used or mixed any malt, wheat, rye, barley, or other grain, or any meal or flour in any worts or wash in order for the making, extracting or distilling whiskey or other spirits, or shall put or lay, or cause or procure to be put or laid in any tun, wash- batch, cask, copper-still or other vessel or utensil any malt, wheat, rye, barley, or other grain, or any meal or flour for the purpose of extracting or distilling whiskey or other spirits, that then, and in each and every of the said cases, upon conviction thereof in the court of general quarter sessions of the peace for the city or county where such offense is committed, such distiller or maker of whiskey or other spirits or other person or persons act- ing contrary to the direction of this act, or the person or persons in whose custody or possession any such tun, wash-batch, cask, copper-still or other vessel or utensil made use of contrary to the intention of this act, be 742 BEVOLUTIONAEY LEGISLATION. found, shall respectively, for every such offense forfeit and pay the sum of five hundred pounds and incur also a forfeiture of the value of all such malt, wheat, rye, barley or other grain and all such flour and meal, whis- key and spirits and of all such stills, vessels or other utensils to be ascertained and assessed by the jury by whom the cause shall be tried. [Section IV.] (Section V, P. L.) And be it further enacted by the authority aforesaid. That each of the constables of the respective townships or districts in this state, shall and he is hereby enjoined and required under the penalty of one hundred pounds (to be prose- cuted for and recovered in the same manner as is here- inafter directed for the prosecution and recovery of the other fines herein mentioned) carefully and diligently to inquire into offenses committed against this act; and having any knowledge of any such offense he shall forth- with give information thereof to the next justice of the peace, who upon such information or other complaint on oath shall immediately issue his warrant directed to the sheriff and other peace officers of the city or county where such offender dwells, requiring such sheriff or other peace officer forthwith to apprehend the said offender and bring him or her before said justice or some other justice of the peace who shall cause the said offender to enter into recognizance, with sufficient surety, to be and flppear at the next court of general quarter sessions to be held for the said city or county, to answer the promises and abide the judgment of the court; and for want of such security the said justice shall, and he is hereby enjoined to commit the said offender to the gaol of the said city or county there to remain until he or she be legally discharged; which said recognizance, with such as shall be taken for the appearance of the witnesses shall be duly certified by the said justice to the next court of general quarter sessions of the peace where such offender shall be proceeded against by indictment as is usual in like cases. [Section V.] (Section VI, P. L.) And be it further en- acted by the authority aforesaid, That all and every the constables of the respective townships or districts in this state shall, and are hereby enjoined and required to return on oath or affirmation unto the court of quarter ses- sions of their respective city or counties, the names and places 0/ abode of all persons in their several townships LAWS OF PENNSYLVANIA, VllS. 743 or districts offending against this act; which said oath or affirmation the justices in their respective sessions are hereby enjoined to administer. [Section VI.] (Section VII, P. L.) And be it further enacted by the authority aforesaid, That all forfeitures which may arise in pursuance of this act shall be collected by the respective sheriffs of the city or county where such forfeitures arise; and the said sheriff shall transmit one moiety thereof to the treasurer of the state to be disposed of by the general assembly; and shall pay the other moiety to the constable or other person or persons in- forming against the offender. Passed November 27, 1778. See the note to the Act of Assembly passed January 2, 1778, Chapter 779; and the Acts of Assembly passed March 16, 1779, Chapter 827; October 6, 1779, Chapter 856; March 22, 1780, Chapter 904. [9 Stats. 302.] CHAPTER DCCCXXI. AN ACT TO CONTINDE, AS WELL AN ACT OF GENERAL ASSEMBLY OF THIS STATE, ENTITLED "aN ACT FOR THE RBQXJLATION OF WAGONS, CARRIAGES AND PACKHORSES FOR THE PUBLIC SERVICE" ' AS THE SUPPLEMENT, AND THE FURTHER SUPPLEMENT TO THE SAID ACT. (Section I, P. L.) Whereas the act of general assembly enacted at Lancaster the second day of January last, entitled "An act for the regulation of wagons, carriages and pack-horses for the pubUc service,'" wiU expire by its own limitation, at the end of the present sitting of assembly: (Section II, P. L.) And whereas the public service requires that the said act should be continued for a longer time: [Section I.] (Section III, P. L.) Be it therefore enacted, and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in General Assembly met, and by the authority of the same. That the said act, and the supplement thereunto, passed at Lancaster, the twelfth day of March last, and also the further supplement to the said act passed at Philadelphia the tenth day of September last, and every article, clause, matter or thing in the said act and supple- ment and further supplement contained (except the 1 Passed January 2, 1778, Chapter 780. 744 EEVOLUTIONAKY LEGISLATrON. clause limiting the continuance of the said act and except also such parts of the said act as are repealed by the said further supplement) be, and the same are hereby declared to be and continue in full force until the end of the first sitting of the next general assembly, anything in the said act to the contrary notwithstanding. Passed November 30, 1778. See the note to the Act of Assembly January 2, 1778, Chapter 780. [9 Stats. 317.] CHAPTEE DCCCXXVII. A SUPPLEMENT TO AN ACT, ENTITLED "AN ACT TO PROHIBIT FOB A LIMITED TIME THE MAKING OF WHISKEY AND OTHER SPIRITS PROM WHEAT, RYE OR ANY OTHRB SORT OP GRAIN OR PROM ANY MEAL OR PLOUR." ' (Section I, P. L.) Whereas nothing but necessity and a conviction that the welfare and safety of the public can- not otherwise be secured and promoted will justify the legislature of a state in making laws to empower the executive officers of the state to break open the doors of the house or out-houses of any of the citizens thereof in any case whatsoever: (Section II, P. L.) And whereas a sacred regard to the liberties of the good people of this state and a belief that public virtue alone would be a sufficiently strong motive to induce them to submit to the said law which necessity and the public good made absolutely necessary pre- vented the legislature of this state at the passing thereof from enacting a clause in the same to empower the con- stables of the respective townships or districts in this state to break open the still-houses of such as should offend against the said act of assembly: (Section III, P. L.) And whereas many persons mind- ing only their own private gain, lucre and profits and regardless of the sufferings of their fellow citizens have in defiance and contempt of the said act continued to make, extract and distil whiskey and other spirits contrary to the true intent and meaning of the same, and by keeping their still-house door shut have screened themselves from the penalties infficted by the said act on such as are guilty of such unlawful practices: 1 Passed November 27, 1778, Chapter 819. LAWS OF PENNSYLVANIA, 1179, 745 For remedy whereof: [Section I.] (Section IV, P. L.) Be it enacted, and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in General Assembly met, and by the authority of the same, That from and after the publication of this act, if it shall appear to any justice of the peace of this state on the oath or affirmation of any constable or other credible person (which the said justice is hereby empowered and required to administer) that there is cause to suspect that any distiller or other person or persons is or are distilling or causing to be dis- tilled, whiskey or other spirits from any wheat, rye or any other sort of grain or from any malt, meal or flotu" contrary to the true intent and meaning of the said act, it shall and may be lawful for, and the said justice is hereby empowered and required to issue his warrant authorizing the constable of the township or district where the offender dwells calling to his assistance such and so many persons as he may think necessary to enter in the day time and if necessity requires to break open the door of any still-house or other place where such unlawful practices are suspected to be carried on as aforesaid to discover and enable the said constable or other person to bring to due punishment such offender. (Section V, P. L.) And whereas no provisions are made in the said act to prevent grain from being carried out of this state and as laws prohibitiag distilling have not been passed in the adjoining states the good people of this state suffer all the inconveniences without reaping the full advantages of the said act: [Section II.] (Section VI, P. L.) Be it therefore enacted by the authority aforesaid. That if any person or persons whatsoever shall from and after the publication of this act export or carry or cause to be exported or carried out of this state any wheat, rye, barley or any other sort of grain or any meal, flour or malt, or shall knowingly buy or sell or cause to be bought or sold any wheat, rye, barley or any other sort of grain or any meal, flour or malt for the purpose and intent of being exported or carried out of this state, which grain, meal flour or malt shall be accordingly exported or carried out of the same (except for the use of the United States) every such person or persons so offending upon conviction thereof in the court of general quarter sessions of the peace for the city or county where such offense is com- 746 EEVOLtmoNABY LEGISLATION. mitted shall for every such offense forfeit and pay the sum of five hundred pounds and also incur a forfeiture of all such wheat, rye, barley or other grain or meal, flour or malt so exported or carried out of this state or bought or sold with that intent as aforesaid to be ascer- tained and assessed by the jury by whom the cause shall be tried, which said forfeiture shall be collected by the respective sheriffs of the city or coimty where such for- feiture arises and the said sheriff shall transmit one moiety thereof to the treasurer of this state to be disposed of by the general assembly and shall pay the other moiety to the constable or other person or persons informing against the offender. (Section VII, P. L.) And whereas it is set forth in the petition of several of the inhabitants of Cumberland county that by reason of the short time between the enacting the said law and its taking effect many persons especially in the more remote parts of the state, not having had notice of the same, had mashed several quantities of grain before the respective days on which the said law took effect, by which it was rendered unfit for any other use, and therefore they had distilled it afterwards, but have since paid a due obedience to the said law and praying the aid of the legislature for their relief: [Section III.] (Section VIII, P. L.) Be it therefore enacted by the authority aforesaid. That no person or persons whatsoever within this state shall incur, forfeit or pay any fine or penalty for, or by reason of distilling or extracting any whiskey or other spirits from any grain, meal or malt which was bona fide mashed before the respective days on which the said act became in force and took effect; anything in the said act to the contrary thereof in anywise notwithstanding. (Section IX, P. L.) Provided always nevertheless. That where any whiskey has been distilled after the expiration of eight days after the said respective days on which the said act took effect, the proof that the grain, meal, flour or malt from which such whiskey was distilled, was mashed as aforesaid before the said days shall lie on the party distilling the same. [Section IV.] (Section X, P. L.) And be it further enacted by the authority aforesaid. That if any person or persons has or have been or shall be indicted or pre- sented for distilling whiskey from grain, meal or malt LAWS OF PENNSYLVANIA, 1119. 747 SO mashed, on proof thereof as aforesaid it shall and may be lawful for the attorney general, and he is hereby empowered and required to enter a noli prosequi on every such indictment or presentment on the defendant's paying the fees thereon. Passed March 16, 1779. See the note to the Act of Assembly passed November 27, 1778, Chapter 819. 19 Stats. 373.] CHAPTER DCCCXLI. AN ACT FOR SUPPLYING THE ARMY OF THE UNITED STATES, AND FOR OTHER PURPOSES THEREIN MENTIONED. (Section I, P. L.) Whereas many of the good citizens of this commonwealth by being often of late called out as militia for the defense of their rights and liberties, or having been obliged by the enemy to abandon their habitations have thereby been deprived of the oppor- tunity of putting in their crops, and taking due care of their harvest, and if some remedy be not applied, many of these brave men and their families must before har- vest, suffer through want of bread, not by reason of any real scarcity of that article, but chiefly because many of those persons who remained at home, and minded their farms, refusing to turn out in defense of their country, have by that means raised large quantities of grain, and being prompted by avarice, minding only their own pri- vate gain and regardless of the public weal or the suffer- ings of their fellow citizens, have hoarded up or monop- olized the same and itefuse to sell any part thereof either for the relief of private individuals in want or for the use of the United States : [Section I.] (Section II, P. L.) Be it therefore enacted, and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in Gen- eral Assembly met, and by the authority of the same, That when, and as often as sufficient information shall be given to any justice of the peace within this common- wealth, either by any private person, or by any quarter master general, commissary-general, -his or their deputy or assistant, that any person or persons residing within twenty miles of such justice or within the township, ward or district wherein such justice dwells, is or are possessed of any larger quantity of wheat, rye, barley, Indian com, 748 EEVOLUnONABY LEGISLATION. oats, spelts or buckwheat or crop or crops now in hand, or any other sort of gram, or any flour, than is sufficient for the support of the family, and necessary for the feed and stock of such person or persons until the first day of August next, it shall and may be lawful for such justice, and he is hereby required and enjoined immediately by his warrant under his hand, to appoint at least three discreet and prudent inhabitants of the township, ward or district, where information shall be given as aforesaid, that such grain or flour is contained, and thereby author- ize and direct them to go to the place where the said wheat, rye, barley, oats, Indian com, spelts, [buckwheat] or flour is suggested to be kept, and if the same is sup- posed to be contained in any house, barn, out house, mill, warehouse or store, and the owner or possessor thereof shall neglect or refuse on demand to open the said house, barn, outhouse, mill, warehouse or store, it shall and may be lawful to and for the said inhabitants so appointed, and they are hereby empowered and required in the day time to break open and enter the same by force, if neces- sary; and the said inhabitants so appointed shall care- fully examiue what quantity of the said grain or flour such person or persons is, or are possessed of, and how much thereof can be spared over and above what may be necessary for the support of the owner or possessor, his or their families, and the stock, bona fide kept by him or them, which overplus they shall appraise at the current price for which the hke respective articles shall, at the time of such appraisement, sell in the neighbor- hood; and shall make a retmn to the justice who ap- pointed them, of the quantity which each person can spare as aforesaid, and the price at which they shall appraise the same; after which return and appraisement if the owner or possessor of such grain shall refuse to sell the same at the appraised price, it shall and may be lawful for the said justice, and he is hereby required and enjoined, on the application of any of the citizens of this commonwealth, and satisfactory proof given that the person or persons applying is, or are in want of such grain or flour for the use of his, her or their families or stock, and is or are ready to pay the appraised value thereof, to issue his warrant under his hand and seal directed to, and empowering the constable of the town- ship, ward or district wherein such grain or flom- shall be appraised, to take such and so many persons as he may LAWS OP PEiprSYLVANIA, 1'7'79. 749 think necessary, and to seize all, or so much of the said grain or flour as the said justice shall think absolutely necessary for the support of the family and stock of such person or persons until the first day of August next which quantity and the appraised value thereof shall be inserted in the said warrant, and shall deUver the said grain or flour to the person or persons obtaining such warrant on his, her or their paying the money at which the same shall be appraised, or tendering the same to the owner or possessor of such grain or flour. [Section II.] (Section III, P. L.) And be it further enacted by the authority aforesaid. That if no applica- tion shall be made by any citizen of this commonwealth for the said grain or flour as aforesaid, for the use of his, her or their families within forty days after the same shall be appraised as aforesaid, that then and in such case after the expiration of the said forty days and not before the said justice shall and he is hereby empowered and required to issue a like warrant on the application of any quarter master or commissary general his, or their deputies or assistant deputies, and payment or tender of the value of the grain or flour mentioned in such warrant; and the same proceedings shall be had therein as are herein directed to be had on the application of private citizens. (Section IV, P. L.) Provided always nevertheless. That no justice shall issue his warrant to seize such grain or flour so appraised on the appHcation of any quarter mas- ter or commissary general, his or their deputies or assist- ants unless the said appraiser shall certify that there is a sufficient quantity of such grain or flour over and above the quantity applied for by such commissary or quarter master, to support the inhabitants within the township, ward or district where such grain or flour shaU be ap- praised as aforesaid, until the first day of August next. [Section III.] (Section V, P. L.) And be it further enacted by the authority aforesaid, Ttat if the owner or possessor of such grain or flour which shall be appraised, seized and delivered as aforesaid, shall refuse to receive the money at which the same shall be appraised as afore- said, then the person or persons shall before he shall take away the said grain or flour, deposit the said money in the hands of the said justice for the use of the owner, takiag the receipt of the said justice for the same which shall be a sufficient discharge to the person depositing 750 EEVOLUUONAEY LEGISLATIOIT. the same, and shall exonerate him from any future de- mands of the owner of the said grain or flour, which said money the said justice is required to pay to the person or persons entitled to receive the same, if he or tiiey shall apply for the same within two days after the said grain or flour shall be seized as aforesaid, or if no such appli- cation shall be made within the time aforesaid, that then and in such case the said justice shall, and he is hereby enjoined within two months after the expiration of the said two days to pay the said money to the treasurer of the city or county in which the said justice resides to be paid by the said treasurer into the treasury of this state for the use of the same. [Section IV.] (Section VI, P, L.) And be it further enacted by the authority aforesaid, That if the owner d such grain and flour which shall be so appraised, or any person or persons for or on his, her or their behalf shall, before the expiration of sixty days after such appraise- ment shall be made, take away or conceal the same or any part thereof, or shall refuse to dehver the same to such person or persons as shall obtain such warrant from the said justice, on being paid for or tendered payment for the same as aforesaid, unless the said owner shall have bona fide sold the same accordiug to the true intent and meaning of this act, and the proof that such sale was so made shall he on the said owner, then, and in such case the said owner of the said grain or flour, or the person in whose custody the same shall be appraised, shall forfeit and pay a sum equal to double the appraised value ai the grain or flour which shall be removed or concealed as aforesaid, one moiety of which fine and forfeiture shall be paid to the coimty treasurer for the use of the state, and the other moiety thereof to the person or persons to whom the said grain or floiir ought to have been dehv- ered by virtue of the warrant aforesaid. [Section V.] (Section VII, P. L.) And be it further enacted by the authority aforesaid, That if any of the said grain which shall be appraised as aforesaid, shall at the time of such appraisement be unthreshed and if the owner thereof shall refuse to thresh the same within ten days after the said appraisement, it shall and may be lawful for the person or persons obtaining such warrant as before last mentioned to thresh the same in the bam of the said owner, without the least molestation or hindrance of the said owner^ and if the said owner of the LAWS OF PENNSYLVANIA, l'J'r9, 751 said grain or any other person or persons on his, her or their behalf shall refuse to permit the said grain to be threshed as aforesaid, every such person or persons so refusing shall forfeit and pay double the appraised value of the said grain, to be paid and applied in the same manner as the fine and forfeiture last mentioned, which said fines and forfeitures may be sued for and recovered by biU, plaint, or information. [Section VI.] (Section VIII, P. L.) And be it further enacted by the authority aforesaid, That each of the said appraisers and the constable respectively, shall have and receive thirty shillings per diem for each and every day which he or they shall be bona fide employed on the duties required to be performed by them by this act to be ascertained by the justice who granted the warrant for the seizure of the same. And as it is but just and reasonable that the person who may hoard up or engross any grain or flour and shall refuse to sell it at the current price, should pay all the charges attending the seizure of the same: [Section VII.] (Section IX, P. L.) Be it therefore enacted, That in such case as well the wages of the said appraisers and constable as the charges of the said warrant shall be deducted and paid out of the appraised price of the same. (Section X, P. L.) Provided always. That if the price tendered and refused as aforesaid do not amount to so much as the said grain or flour shall be appraised, or if the party against whom the said first mentioned warrant shall be granted, shall [not] be adjudged to have more grain or flour than is necessary for his, her or their own use as aforesaid in such case all the said charges shall be paid by the person applying for such warrant. [Section VIII.] (Section XI, P. L.) Be it further enacted by the authority aforesaid, That the president and supreme executive council [of this state] be, and they are hereby empowered to permit the exportation of any quantity of wheat, barley, flour, rye^ Indian corn or any other sort of grain to any one of the United States applying for the same under such regulations and re- strictions as they in their discretion may judge most expedient. (Section XII, P. L.) Provided, That it shall appear to them the said council that such quantity so to be exported can be spared after reserving a sufficient 752 EEVOLUTIONABY LEGISLATION. quantity for the necessary consumption of the army and the inhabitants of this state. (Section XIII, P. L.) And provided also, That it shall appear, bona fide, that the said wheat, barley, flour, Indian com, rye or any other sort of grain is absolutely necessary for the home consumption of the state apply- ing for the same; anything in an act, entitled, "An act to prohibit the exportation of provisions from the state of Pennsylvania for a limited time," ' to the contrary notwithstanding . On the original roll of this act the dates of passage and record are not given. [9 Stats. 384.] CHAPTER DCCCXLIV. AN ACT TO AMEND AN ACT OP GENERAL ASSEMBLY OP THIS STATE, ENTITLED AN ACT FOE THE REGULATION OF WAGONS, AND THE SUP- PLEMENT AND PURTHEK SUPPLEMENT TO THE SAID ACT. (Section I, P. L.) Whereas, in and by the act of general assembly, entitled 'An act for the regulation of wagons, carriages and pack horses, for the public service," 'passed at Lancaster, on the second day of January, one thousand seven hundred and seventy-eight, it is enacted that "upon apphcation to the wagon master general of this state by the quarter master general, he shall issue his order to the county wagon master to furnish the number of wagons and teams that may be wanted; taking care, that, as far as circumstances will admit, they perform the said service in rotation, paying due regard to whose wagons have already been in the service." (Section II, P. L.) And whereas the liberal construction that has been given to the authority vested in the quarter master general of the federal army has been such as to enable his deputies to call forth the wagons of this state in such numbers and for such lengthy and distant services, as to greatly overbxirden and oppress the husbandmen thereof, and to hinder the tillage of the country, and the supply of bread, as well for the use of the federal army as the sustentation of the inhabitants: For remedy whereof: [Section I.] (Section III, P. L.) Be it enacted, and it is hereby enacted by the Representatives of the Freemen 1 Passed November 17, 1778, Chapter 817. See the notes to the Act of Assembly paffied January 2; 1778, Chapter 782; NoTember 17, 1778, Chapter.gl7.' > " ! Passed January 2, 1778, Chapter 780^ LAWS OF PENNSYLVANIA, 1'7'79. 753 of the Commonwealth of Pennsylvania in General Assem- bly met, and by the authority of the same, That from and after the publication of this act, no wagon or wagons, team or teams, be furnished by the wagon master of the state or any of his deputies to the quarter master general or any other officer for the public service, Tonless with the approbation and warrant of the supreme executive council of this state, who are hereby authorized to judge of the number of such wagons and teams, length of service not exceeding thirty days, and distance which such wagon or wagons, team or teams, may be employed for and sent. (Section IV, P. L.) Provided always, That nothing herein contained, shall extend to repeal the authority in the said recited act given to officers, who have in charge the pubhc records or papers and to lieutenants and sub- heutenants of the several counties to demand wagons and teams for the pubhc service as heretofore. [Section II.] (Section V, P. L.) And be it further enacted by the authority aforesaid. That if any person from and after the publication of this act, shall on any pretence whatsoever, other than to supply the demands of the officers, having in charge the pubhc records and the heutenants and sub-heutenants aforesaid, seize, take and impress any wagon or wagons, cart or carts, team or teams, horse or horses, or any of the gears, harness, or any parts, furniture or accoutrements of any wagon or cart, with- out having first obtained an express warrant from the supreme executive coimcU for that purpose signed by the president or vice-president in council; every person so offending shall upon prosecution by indictment in any court of quarter sessions, being thereof convicted; forfeit and pay to the use of this state the sum of five himdred pounds, and the party grieved shall also recover of such persons so offending in an action of trespass, treble damages, together with treble costs of suit. (Section VI, P. L.) And whereas the wagons and teams of this state, drawn out for the pubhc service, have been through the peculation and fraud of dishonest men, mis- apphed and perverted to the purposes of conveying and transporting private property, to the manifest oppression of the good people of this state, by increasing the burden of this fatiguiug service, and the waste of the pubhc treasure, and the great disgust and disquiet of the good people of this state: 37639°— 18 i8 754 BEVOLUTIONABY LEGISLATION. Wherefore for effectual remedy thereof: [Section III.] (Section VII, P. L.) Be it enacted by the authority aforesaid, That from and after the pubh- cation of this act, if any ofl&cer in the service of this state, or of the United [States] of America, or any other person shall transport on any wagon, cart or horse drawn out for public use, by virtue of the laws of this -estate, or carry or cause to be transported or carried any goods and merchandise or other private property not belonging to the United States, or one of them or to this state, other than the baggage and other accommo- dations allowed by Congress, or by the commander in chief of the federal army or the supreme executive council of this state to the officers and soldiers and other persons employed in the public service; such persons so offending shall if convicted thereof upon prosecution by indictment for the same in any court of quarter ses- sions forfeit the sum of five hundred pounds to the use of this state; and every justice of the peace, constable, and every other person is hereby enabled to seize for his own use and benefit aU such private property, except as is before excepted, so carried or carrying, transported or transporting, within this state, and to prosecute the same to condemnation, in any court of common pleas in this state, by information in rem; and that no claim for the same shall be admitted by the court till sufficient security be given by the person claiming, to answer all costs to the seizor, in case the said claimant shall fail; or if the said private property, so carried and transported as aforesaid be removed, the value of the same shall be recovered to the use of any person who shall sue for the same, by action of debt in any court of common pleas in this state; in which information in rem, or action of debt, the onus probandi shall he up [on] the claimant or defendant. And for the more thorough correction of this pubhc abuse, the owner and owners of such wagon, team, cart or horse, upon the conviction of any person or persons as aforesaid, of any such perversion or mis- application of any wagon or wagons, team or teams, cart or carts, horse or horses, in transporting or carry- ing of private property, as aforesaid, shall recover treble the pay or hire of the same as allowed by this act together with costs; if not exceeding ten pounds, in the manner in which small debts is [sic] [are] recoverable; if exceed- ing ten pounds by an action of trespass. LAWS OF PENNSYLVANIA, l?^. 755 [Section IV.] (Section VIII, P. L.) And be it further enacted by the authority aforesaid, That from and after the pubhcation of this act the pay of a wagon and four horses with a driver, called into public service by virtue of this act, shall be four pounds ten shillings per day; [and that the pay of a wagon and two horses and driver shall be three pounds per day], and that the hire of a pack horse with proper furniture shall be ten shillings per day. The horses being by the public found with forage and the drivers with rations. [Section v.] (Section IX, P. L.) And be it further enacted by the authority aforesaid. That if any person 'shall be sued or prosecuted for any thing done in pur- suance of this act, he may plead the general issue, and give this act and the special matter in evidence, and if the plaintiff discontinue, be non-suited or fail the de- fendant shall recover treble costs. Passed April 5, 1779. See the note to the Act of Assembly passed Januaiy 2, 1778, Chapter 780. [9 Stats. 411.] CHAPTER DCCCLV. A SUPPLEMENT TO THE ACT, ENTITLED "AN ACT TO PREVENT THE EXPORTATION OF BREAD AND FLOUR NOT MERCHANTABLE"' AND TO THE ACT WHICH IS AN AMENDMENT THEREOF.^ (Section I, P. L.) Whereas often in the shipping of flour for exportation a number of persons others than the owners of ships in which it was exported have put each his own private venture in one and the same vessel, and the ofl&cers appointed for the execution of the said acts, having charged the owners of such ships or vessels and with the fees due to him for the trying of the whole cargo of flour, has lost the greater part of his said fees, when after the departure of the vessel it remained unknown who were the right owners of the flour laden therein: (Section II, P. L.) And whereas by reason of the in- definite size of flour casks and the discretionary methods of packing the same, as hitherto used by millers and bolters, our flour trade has been greatly perplexed, which in the general opinion of the merchants, miUers and other persons using that trade might otherwise be carried on 1 Passed January 19, 1733-4, Chapter 332. ' Passed February 21, 1767, Chapter 548. 756 REVOLUHONABY LEGISLATION. with greater ease and less subject to frauds and abuses if as well the dimensions of the cask as the quantity or weight of the flour to be packed therein, according to its different sizes was by law reduced to a certain standard. For remedying of which said inconveniences to the officer and difficulties of the trade: [Section I.] (Section III, P. L.) Be it enacted, and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in General Assembly met, and by the authority of the same, That aU flour casks used in the trade of exportation shall after the pubhca- tion of this act, be made of sound and thoroughly seasoned staves of the length of twenty-seven inches, well tightened with ten hoops, sufficiently nailed and with respect to the width or circumference to be designated by the denomi- nations of number one, two and three; That is to say, the cask of number one shall have heads of a diameter of eighteen inches; casks of number two, heads of a diameter of sixteen inches and a half; and the casks of number three, heads of a diameter of fifteen inches and a half. And that the millers or bolters when they brand their cask with their usual brand mark, as is directed by law to which this is a supplement, shall Ukewise brand the same cask with the character or mark of its size, to- wit, the cask measuring a diameter of eighteen inches, on its head they shall brand number one, those of sixteen inches and a half number two, and those of fifteen inches and a half number three. And the said millers and bolt- ers shaU put in the cask of number one and well pack the full quantity or weight of two himdred and twenty-four pounds of flour; in the cask of number two the full quan- tity or weight of one hundred and ninety-six pounds; and in the cask number three the fuU quantity or weight of one hundered and sixty-eight pounds of flour. [Section II.] (Section IV, P. L.) And be it further enacted by the authority aforesaid. That if any miller or bolter shaU use or pack with flour for exportation any other cask than of the three several sizes and dimensions aforesaid, branded or not branded with a number, and shall sell, or offer to sell the same as merchantable, he shall forfeit the value or charge in his account of such cask to the purchaser of the flour. And if the miller or bolter shall pack any sort or size of cask as aforesaid short of the quantity or weight of flour, which by the directions of this act he should have put in the same such LAWS OF PENNSYLVANIA, Ilia. 757 miller or bolter shall forfeit such defective barrel or barrels and the flour therein contained to the overseers of the poor of the place where the forfeitures shall happen. (Section V, P. L.) Provided always, That the millers and bolters shall be allowed during the space of six months from the publications of this act to sell and dis- pose for exportation their flour in barrels of any other dimensions which are already made, and on their ha,nds, or the stuff to make the same fitted before the passing of this act. [Section III.] (Section VI, P. L.) And be it further enacted by the authority aforesaid. That the masters of ships and other vessels lading flour for exportation from this state, shall, after the pubUcation of this act, in their manifests (which in piirsuance of an act of general assembly, entitled "An act for regulating navigation and trade in this state, "^ they are obUged to exhibit and deliver to the naval officer thereof) expressly and dis- tinctly declare how many barrels of flour are shipped on board their respective vessels, and by whom each parcel thereof is shipped; to which manifest or declara- tion the officer for trying flour shaU have free access and liberty to take notes and abstracts thereof. And if any master of a vessel shall refuse or neglect to make such return to the naval officer as aforesaid, he shall besides the penalty in the said act for regulating navi- gation and trade set on masters of vessels neglecting to deliver such manifests forfeit to the officer of the flour act the amount of his fees for trying the whole cargo of flour shipped on board of his vessel. [Section IV.] (Section VII, P. L.) And be it further enacted by the authority aforesaid. That the fines and forfeitures set and imposed by this act shall or may be recovered in the same manner as the fines and for- feitures set and imposed by the act to which this is a supplement. [Section V.] (Section VIII, P. L.) And be it further enacted by the authority aforesaid. That the fees of the officer for putting in execution the several laws of this state, made for regulating the exportation of bread and flour, shall, from and after the publication of this act [be] fifteen pence for each barrel. 1 Passed Ssptembei 10, 1778, Chapter 815. 758 EEVOLUTIONABY LEGISLATIOK. [Section VI.] (Section IX, P. L.) And be it further enacted by the authority aforesaid, That so much of the said act to prevent the exportation of bread and flour not merchantable, and of the act to amend the said act, as is hereby altered or supplied shall be, and is hereby repealed and declared null and void. Passed October 9, 1779. See the note to the Act of Assembly passed January 19, 1733-34, Chapter 332. The act in the text was repealed by the Act of Assembly passed April 5, 1781, Chapter 936. [9 Stats. 414.] CHAPTER DCCCLVI. AN ACT TO PERMIT THE MAKING OF WHISKEY AND OTHER SPIRITS FROM RTB, BARLET, OR THE MALT THEREOF, UNDER CERTAIN RESTRIC- TIONS THEREIN MENTIONED; AND TO PROHIBIT THE DISTILLING ANY WHISKEY OB OTHER SPIRITS FROM ANY OTHER GRAIN, MEAL, MALT OR FLOUR. (Section I, P. L.) Whereas the great nimiber of stills within this state, that are employed in making whiskey from grain, consume such large quantities that if suf- fered without restriction, would be highly injurious to the good people of this state, and would occasion a dif- ficulty in procuring the necessary suppUes for the army and fleet of the United States and the fleet and trading Vessels of our faithful allies, who may come to this state: (Section II, P. L.) And whereas it is necessary to per- mit the citizens of this commonwealth especially such as are at a distance from any sea ports, to distil such a part of the grain, raised by their own industry as is absolutely necessary for the consumption of their own families, and to prevent abuses that may arise from such permission: [Section I.] (Section III, P. L.) Be it therefore enacted,, and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in Gen- eral Assembly met, and by the authority of the same. That from and after the twentieth day of October instant, no whiskey or other spirits whatsoever shall be made, extracted or distiQed within this commonwealth from any wheat, malt or other grain or from any meal or flour, except from rye or barley, and the malt made thereof. [Section II.] (Section IV, P. L.) And be it further en- acted by the authority aforesaid. That from and after the said twentieth day of October instant, no distiller or other person shall extract or distil any whiskey or other LAWS OF PENNSYLVANIA, 1'7'79. 759 spirits from any rye or barley or the malt made thereof except in manner hereinafter directed; That is to say, that before such distiller or other person shall presume to distil any such whiskey or other spirits, he shall go before some justice of the peace of the proper county, and take the following oath or affirmation which the said justice is hereby empowered and required to admin- ister: to-wit, I, A. B., do swear (or solemnly, sincerely and truly declare and affirm) that I will not directly or indirectly distil, make or extract, or cause or suffer the same [so] to be done in my still or stills, any whiskey or other spirits from any wheat, malt or other grain, or from any meal or flour except from rye or barley and the malt made thereof; and that I wiU not make, extract or distil or suffer so to be done, in my stills any whiskey or other spirits, from rye, barley or of the flour or malt made thereof, in any other manner or in any greater quantity than is allowed in and by an act, entitled "An act to permit the making of whiskey and other spirits from rye, barley or the malt made thereof under certain restrictions therein mentioned; and to prohibit the dis- tilling any whiskey or other spirits from any other grain, meal, malt or flour," during the continuance thereof. [Section III.] (Section V, P. L.) And be it further enacted by the authority aforesaid. That no distiller or other person shaU [distil], make or extract any whiskey or spirits from more than eight bushels of rye and barley to or for the use of any housekeeper, except for a hcensed tavern-keeper, nor from more than fifteen bushels of rye and barley, to or for the use of any such tavern-keeper, and not from more than eight bushels for the use of himself. [Section IV.] (Section VI, P. L.) And be it further enacted by the authority [aforesaid], That no distiller shall make, extract or distil any whiskey or other spirits to or for the use of such housekeeper or hcensed tavern- keeper, without a permit under the hand and seal of a justice of the peace of the proper township where such distiller resides, or from the next justice, if no justice resides in such township, and the said justice is hereby required on apphcation made to him by any such tavern- keeper producing his hcense, or housekeeper, to grant a permit to such applying, empowering any distiller to distil such quantities of rye and barley as is herein respectively allowed, and no more. And the said justice shall keep 760 BEVOLtrnONABY LEGISLATION. a list of the persons' names and their places oi abode, and wliicli of them are tavern-keepers to whom he shall have granted such permit and shall deliver the same to the clerk of the peace of the proper county who shall file the same in his office; and the said clerk is hereby enjoined to examine carefully the said list of names, and if it shall appear upon comparing the lists of different justices or otherwise, that any person has obtained more than one permit as aforesaid the said clerk is hereby enjoined and required to issue the proper process against the offender and to prosecute such offender to conviction. [Section V.] (Section VII, P. L.) And be it further enacted by the authority aforesaid. That if any justice shall grant a permit or permits to any person or persons for any larger or other quantity of rye or barley than is hereby allowed, or to a tavern-keeper imtil such tavern- keeper shall produce his Ucense, such justice shall forfeit and pay five hundred poimds, one-half thereof to the informer, and the other half thereof for the use of this commonwealth, and if any person or persons shall obtain any more than one permit from one justice, or shall obtain such permit from any more than one justice or for any greater quantity than is herein mentioned, such person or persons shall forfeit and pay the sum of five hundred pounds for the uses aforesaid; and if any distiller or other person shall after the said twentieth day of October instant make, extract or distil any whiskey or other spirits from any wheat, malt or other grain or from any meal or flour, except from rye or barley or the malt made thereof as aforesaid, or shall make, extract or distil any whiskey or other spirits from any greater or other quan- tity of rye or barley or the malt made thereof in any other manner than as is herein directed and allowed, every person so offending shall on conviction thereof in any court of quarter sessions of the peace of the city or county where such offense is committed forfeit and pay the sum of one thousand pounds for every such offense; one-half to the informer or person who will sue for the isame, and the other half to the use of the proper county. And if any person shall be prosecuted for distilling with- out such permit the onus probandi so far as regards the said permit shall he on the defendant. [Section VI.] (Section Villi, P. L.) And be it further enacted by the authority aforesaid. That this act shall LAWS OP PEliriirSYLVAiiriA, 1119. 761 continue in force until the first day of September next, and no longer. Passed October 6, 1779. See the notes to the Acts of Assembly passed January 2, 1778, Chapter 779; November 17, 1778, Chapter 817. The act in the text was repealed by the Act of Assembly passed March 22, 1780, Chapter 904. [9 Stats. 421.] CHAPTER DCCCLIX. AN ACT rOK THK MORE EFFECTUALLY PREVENTING ENGROSSING AND P0RB8TALLING, FOR THE ENCOURAGEMENT OF COMMERCE AND THE FAIR TRADER, AND FOB OTHER PURPOSES THEREIN MENTIONED. (Section I, P. L.) Whereas the evil practice of mo- nopolizing and f orestalhng has a natural tendency to pro- duce an artificial scarcity and to enhance the prices as well of foreign merchandise as country produce whereby the consumers are very much injured and the importer or merchant, who has run the risk receives not the least advantage: (Section II, P. L.) And whereas such merchandise or country produce being often sold by one speculator to another, before it comes into the hands of the consumer, has a tendency equally injurious to the public good: (Section III, P. L.) And whereas it is absolutely neces- sary in the most effectual manner by law to discourage such evil practices : [Section I.] (Section IV, P. L.) Be it therefore enacted, and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in Gen- eral Assembly met, and by the authority of the same. That if any person shall buy, or cause to be bought any goods, wares or merchandise coming to any market or fair within this state, to be sold in such market or fair, or coming to any city, town, port, harbor, haven, or creek within this state to be sold, or shall make any bargain, contract or promise for the having or buying of any goods, wares or merchandise or any part thereof so com- ing as aforesaid, before the same shall be in the market, fair, city, town, port, harbor, haven or creek, ready there to be sold, or shall induce any person coming to this state or to any market or fair therein, to abstain or forbear to bring any goods, wares or merchandise [to this state] or any part thereof, shall be adjudged a forestaller; and on conviction thereof in any court of record in this state, 762 BEVOLUTTOlSrAET LEGISLATION. shall be fined by the said coxirt m any sum not exceeding five thousand pounds, or imprisoned, not exceeding one year, or both, at the discretion of the coiu:t: (Section V, P. L.) Provided, That the buying any goods, wares, and merchandise (except provisions comiag to the market of the city of Philadelphia), carrying tp market by any person for the use and consumption of himself or family for six months, shall not be deemed forestalling. [Section II.] (Section VI, P. L.) And be it further enacted by the authority aforesaid, That if any person within this commonwealth shall buy to sell again within this state, or in any of the adjoining states, any butter, beef, pork, wool, flax, woolens, hemp, tallow, raw hides, tanned leather or shoes, of the produce or growth of this state, or raised or manufactured in this state, pr if any person within this state shall obtain or get into his hands by buying, contracting, pr prpmise, any gppds, wares or merchandise within this state, except from the priginal importer or his consignee, and except as is herein after excepted, with intent tp sell the same again within this state, or in any of the adjoining states, such person shall be adjudged an engrosser; and on conviction thereof as aforesaid, shall fprfeit the articles aforesaid so brought or got into his ppssessipn or the value thereof, one half to the state, and the other half to the informer, and may be fined in any sum not ex- ceeding five thousand pounds, or imprisoned for any time not exceeding one year, or both, at the discretion of the court: Provided, That the buying of any goods, wares or merchandise by any agent of this or the United States for the public use, or the purchasing materials for the carrying on manufactories, and so converted by, or for the use of the purchaser, or the buying provisions by any Ucensed tavern-keeper for the use of his tavern, or the buying cattle by butchers to kill, which they shall kill accordingly, or the buying cattle by any grazer and fattened on his own farm and sold again by him, shall not be deemed engrossing within this act. [Section III.] (Section VII, P. L.) And be it further enacted by the authority aforesaid. That no person or persons shall purchase any goods imported into or manufactured within this state, to sell, barter or exchange again, unless he shall purchase the same from the original importer, or his consignee, or manufacturer, under the 1AW3 OP PENNSYLVANIA, VJld. 763 penalty of forfeiting the goods so purchased one-half to the state, and the other half to the informer, and under the further penalty of any sum not exceeding one thousand_ poimds for each offense, and the onus probandi shall lie on such purchaser that such goods were bought as by this act is allowed; but this restraint shall not extend to licensed tavern-keepers, so as to prohibit them from purchasing liquors and other neces- saries for the common use of their taverns only. [Section IV.] (Section VIII, P. L.) And be it further enacted by the authority aforesaid. That every retailer shaU sell goods purchased of the importer (or his con- signee) or manufacturer for ready money if required, at not more than at the rate of twenty-five per centum on the purchase money paid to the importer (or his consignee) or manufacturer, and the charges of transportation or carriage to the place where exposed to sale, to be ascer- tained as herein after directed, except the articles of salt and brown sugar, which shaE be sold at not more than thirty per centum profit on the purchase money and charges aforesaid. [Section V.] (Section IX, P. L.) And be it further enacted by the authority aforesaid. That no person or persons within this commonwealth (except the original importer, consignee, or manufacturer, and except as is herein excepted) shall from and after the [twentieth] day of [October instant] presume to sell or expose to sell any goods, wares or merchandise before he, she or they shall obtain a permit for so doing from some one of the com- missioners of trade hereinafter named of the proper county where such seller resides. (Section X, P. L.) And to the end that the good pur- poses of this act may be the more effectually answered : [Section VI.] Be it further enacted by the authority aforesaid. That before any person shall obtain such per- mit, he, she or they shall take the following oath or affirmation, which such commissioner is hereby required to administer before he shaU grant such permit, viz.: I, A. B., do swear (or solemnly, sincerely and truly declare and affirm), that I wiU not directly or indirectly ask, demand, take or receive, any greater or other profits on any of the goods, wares and merchandise which I shal sell during the continuance of an act, entitled "An act for the more effectually preventing engrossing and fore- stalling, for the encotiragement of commerce and the fair 764 EEVOLUTIOlirABY LEGISLATION. trader and for other purposes therein mentioned, than is allowed in and by the said act; that I wUl not knowingly either directly or indirectly buy, contract for, or get into my possession any such goods, wares or merchandise from any other person or persons than the original im- porter, consignee or manufacturer with intent to sell the same agaia within this state; and that I will in all things to the utmost of my power comply with the directions of the said act." And if any person or persons except as aforesaid, shall sell or expose to sale any goods, wares or merchandise before he, she or they shall obtain such permit and before he, she or they shall take the oath or affirmation aforesaid, every person so ofiPendrag shall forfeit double the value of the goods so sold or offered for sale, one-half thereof to the informer and the other half to the use of the state. (Section XI, P. L.) And whereas the venders of goods in this state may still have on their hands goods, wares and merchandise, by them purchased before the ptibhca- tion of this act, under pretext and color of which they may abuse the good people of this state, by demanding and receiving extravagant .and enormous prices for the same, as also for goods hereafter to be purchased: For prevention whereof: [Section VII.] (Section XII, P. L.) Be it further en- acted by the authority aforesaid. That every person and persons having goods, wares or merchandise in his, her or their hands or possession before the pubhcation of this act, shall and is hereby required on demand to sell the same for ready money, at the same rate which other goods of the same kind and quality are sold for at the same time. [Section VIII.] (Section XIII, P. L.) And be it enacted by the authority aforesaid. That no person or persons shall purchase any goods, wares or merchandise con- demned in the court of admiralty, from the original pur- chaser thereof, to sell, barter or exchange again and the original purchaser shall sell the same again, reserving sufficient for the use of himself and his family for six months if required, at not more than the rate of twenty- five per centum profit on the original purchase money, and the charges of transportation or carriage to the place where exposed to sale, except the articles of salt and brown sugar which shall be sold at not more than thirty LAWS OP PENNSYLVANIA, 1119. 765 per centum profit on the purchase money with charges as aforesaid. [Section IX.] (Section XIV, P. L.) And be it further enacted by the authority aforesaid, That if any such pur- chaser of condemned goods shall refuse to sell the same at the prices above limited for ready money, if required, he shall forfeit and pay the sum of one thousand pounds for every such refusal. (Section XV, P. L.) And whereas the wicked arts of speculators, forestallers and engrossers, who infest every part of the country and are industriously purchasing up grain, flour and salt, at the most exorbitant prices, render it impracticable to obtain timely and sufficient suppUes for the army and navy, unless the most rigorous measures are adopted without delay: [Section X.] (Section XVI, P. L.) Be it therefore en- acted. That it shall and may be lawful for any justice of the peace in any county of this state, and he is hereby authorized and required on information being given on oath or affirmation, of any quantity of grain, flour or salt being purchased by or in the possession of, any indi- vidual, inhabiting, residing or being within this state, who may have engrossed the same or having the care, custody or possession thereof, being engrossed, to issue his warrant empowering the informer or informers to seize the same for the use of the United States ; and such justice of the peace shall forthwith call to his assistance two other justices of the peace of the same city or county, who (if the seizure shall be approved of by them or a majority of them), shall retain the flour or grain, or salt so seized, for the use of the said states; and shall, as soon as may be, transmit a certificate from under their hands of the quantity of grain, flour or salt so seized to the president and council, who shall cause the substance of such certificate to be entered on their proceedings; and the said justices, or any two of them, shall have fuU power and authority to call on the sheriff of the coimty, or his deputy, to aid and assist them in carrying this act into effect, which said sheriff, or deputy shall, and is hereby required to aid and assist such justices accordingly. [Section XI.] (Section XVII, P. L.) And be it further enacted by the authority aforesaid. That the said jus- tices, or any two of them shall and they are hereby required, as soon as may be, after determining the grain or flour aforesaid to be liable to seizure, to cause the 766 EEVOLTJTIONABY LEGISLATION. same to be delivered to the commissary general, quarter master general, or either of their deputies or assistants, he or they paying or tendering the current price to the owner or person entitled to receive the same; and if there shall be any diversity of opinion respecting the current price between the owner or persons entitled to receive the same and the commissary general, quarter master general, his or their deputies or assistants, the justices of the peace aforesaid or any two of them are hereby authorized and required to fix and ascertain what the current price shall be deemed to be; and the said justices, or any two of them, shall and they are hereby required inunediately on determining the grain, flour or salt so seized to have been engrossed, to bind over the said engrosser or engrossers if present, by recog- nizance, with good seciu-ity, to appear at the next court of general quarter sessions of the proper city or county where the said grain, flour or salt shall be so engrossed, there to answer for the offense aforesaid, or in default of such security to commit the said offender or offenders to gaol there to remain until dehvered by a due coiu^e of law; and if such engrosser or engrossers be absent, or shall reside in any other county within this state, the said justices or any two them, shall issue their war- rant, directed to the sheriff of the county where the party or parties reside or may be found, to apprehend him or them, and when apprehended such sheriff shall carry the party or parties before some justice of the county where apprehended, who shall bind him or them over as aforesaid. [Section XII.] (Section XVIII, P. L.) And be it further enacted by the authority aforesaid. That in case any justice of the peace or sheriff, being duly called upon, shall refuse or neglect to do his duty as by this law re- quired, he or they shall forfeit and pay the sum of five hundred pounds for each refusal or neglect. [Section XIII.] (Section XIX, P. L.) And be it en- acted by the authority aforesaid. That if any action or suit shall be commenced against any person or persons for anything done in pursuance of this act, the defendant or defendants, in any such action or suit, may plead the general issue, and give this act, and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this act; and if it shall appear so to have been done, the jiuy LAWS OP PENNSYLVANIA, 1119. 767 shall find for the defendant or defendants, and if the plaintiff shall become non-suit or discontinue his action after the defendant or defendants have appeared, or if judgment shall be given upon any verdict or demurrer against the plaintiff, the defendant or defendants shall and may recover treble costs. (Section XX, P. L.) And whereas the salutary laws heretofore made to prevent and punish forestalling and engrossiog, have not been duly executed or productive of all the good consequences which the good people of this state hath reason to expect from them; by reason whereof, and by the destructive practices of speculators and domestic enemies, our ciirrency hath been depreciated to an incredible degree, when we consider that the Al- mighty Rtiler of the universe hath in the course of his providence, blest omt arms with such tincommon sec- cess, that it will be owing to our own want of pubhc virtue if we are not soon a free, independent and happy people; and because in the tumult of war the laws of civil society often lose their force, it is thought necessary in order that this act may be the more effectually put iato execution, to appoint commissioners of trade in the city of Philadelphia and in each coimty within this com- monwealth: Therefore: [Section XIV.] (Section XXI, P. L.) Be it enacted by the authority aforesaid. That WilUam Henry, Ephraim Bonham, Frederick Hagner, George Ord, Emanuel Eyres, William Jackson, Paul Cox and WiUiam Sharp, Esquires, shall be and are hereby appointed commissioners in and for the city and hberties of Philadelphia; James Hazlet, (Captain) David Schneider, Israel Jones, Andrew Craw- ford, Josiah Hart, Michael Croll, and John Biichards, Esquires, shall be and are hereby appointed commis- sioners in and for the county of Philadelphia; David Denny, Andrew Boyd, Jimior, John Eiakead, John Bea- ton, Persifer Frazier, Adam Grubb and Peter Bell, Es- quires, shall be and are hereby appoiated commissioners in and for the county of Chester; John GiU, Abraham Du- Bois, Nathaniel Elhott, Joseph Thomas, and Theophilua Foulke, shall be and are hereby appoiated commissioners in and for the county of Bucks; Thomas Whitesides, John Whitehill, William Henry, Kobert Craig, John Harris (at Harris' Ferry) and John Thomb, Esquires, shall be and are hereby appointed commissioners in and for the county 768 EEVOLUTIONAEY LEGISLATION. of Lancaster; Adam Whitman, Henry Haller, Valentine Eokart, Christian Lower, Jimior and Daniel Utree, Es- quires, shall be and are hereby appointed commissioners in and for the coimty of Berks; Robert Levers, John Arndt, and Wilham McNair, Esquires, shall be and are • hereby appointed commissioners in and for the county of Northampton; Henry Slagle, William McLean, Benjamin Pedan, John Hay, PhiHp Gardner, Peter Schultz, Andrew Shriver, Junior, and James Dill, Esquires, shall be and are hereby appointed commissioners in and for the coimty of York; William Brown of Carhsle, James Taylor, James Young, and Wilham McClure, Esquires, shall be and are hereby appointed commissioners in and for the county of Cumberland; David Espy, Samuel Davidson, Jacob Hall and Benjamin Burd, Esquires, shall be and are hereby appointed commissioners in and for the county of Bedford; Frederick Antis and David McKenny, Es- quires, shall be and are hereby appointed commissioners in and for the county of Northumberland; John Proctor, Hugh Mitchell, John Kyle, and Phihp Jenkins, Esquires, shall be and are hereby appointed commissioners in and for the county of Westmoreland. [Section XV.] (Section XXII, P. L.) And be it further enacted by the authority aforesaid, That the said com- missioners, or a majority of them, for the city and liberties of Philadelphia, shall meet together at the court house of the said city on the sixteenth day of this instant October; and the said commissioners^ or a majority of them, for the counties of this state, shall meet together at the court house of their respective counties, on the day to be to them appointed and notified by the clerks of the quarter sessions of the peace, respectively, (which said clerks are hereby authorized and required to send such notice and appointment immediately on receiving copies of this act, to the respective commissioners), which said com- missioners before they proceed to act shall take the following oath or affirmation before some justice of the peace, who is hereby empowered and required to adminis- ter the same, to-wit : "I, , do swear, (or solemnly, siacerely, and truly declare and affirm), that I wiU diligently, faithfully and impartially execute the trust in me reposed as a commissioner of trade for the city or county of , according to the directions of an act, entitled 'An act for the more effectual preventing, engrossing and forestalhng, for the LAWS OF PEITNSYLVANIA, 1119. 769 encouragement of commerce and the fair trader, and for other purposes therein mentioned.'" And a majority of such commissioners when met, whether on adjourn- ment to the same or any other place shall be sufficient to proceed to business and they may appoint a clerk. And the said commissioners shall have and receive from each of the persons obtaining permits in pursuance of this act, the sum of three pounds for each permit to be by them granted : And if the justices of the court of quarter sessions shall be of opinion, from time to time, that the sums so received shall not be an adequate compensation for the respective services of the said commissioners and clerlis, that then and in that case they shall order such further compensation to be made out of the city or coimty treasury, as they* shall think proper. [Section XVI.] (Section XXIII, P. L.) And be it further enacted by the authority aforesaid. That if any person shall use insulting or abusive language to any such commissioner when in the execution of his office, upon conviction thereof, in the court of quarter sessions of the proper coimty, shall be fined by the said court in any sum not exceeding one hundred poimds. [Section XVII.] (Section XXIV, P. L.) And be it further enacted by the authority aforesaid, That if any commissioner appointed by this act, shall refuse to serve, not having a lawful excuse in the opinion of the court of general quarter sessions of the proper county, such commissioner for such refusal shall forfeit any pay any sum not exceeding five hundred pounds, lawful money of Pennsylvania; and the other commissioners or a majority of them shall upon the refusal of any commissioner to act as aforesaid, or should any commissioner die, or be otherwise rendered incapable to discharge the duties of this act, proceed to choose some fit person to act in his room, who shall, previous to his acting, take the oath or affirmation aforesaid. [Section XVIII.] (Section XXV, P. L.) Ard be it enacted by the authority aforesaid. That the said com- missioners and every of them shall have fuU power and authority, and they are hereby directed ard required to make dihgent inquiry throughout their city or county of all breaches against this act, and shall have all the power and authority of justices of the peace, to call all persons before them against whom information shall be 37639°— 18 49 770 KEVOLTJTIONARY LEGISLATION. made on oath or affirmation as offenders against this act, and may bind them over with sufficient security to appear at the next court of general quarter sessions to be held for the proper city or county, or for default of such security may commit the offender to gaol, there to remain till delivered by a due course of law; and if the commissioners aforesaid, or any of them, shall have rea^ son to beheve that any person or persons can give information of any offense being committed against this act, they shall immediately cause such person or persons to come before them, who shall be examined on oath or affirmation, and if need be shall compel such person or persons to enter in to, recognizance for his, her or their appearance, to testify against such offenders. (Section XXVI, P. L.) And whereas millers by being allowed to buy wheat, and to manufacture the same into flour, may, under color thereof, hoard the same up con- trary to the true meaning and intent of this act; for prevention whereof: [Section XIX.] (Section XXVII, P. L.) Be it enacted by the authority aforesaid. That every miller who shall purchase wheat, shall manufacture the same into flour, and expose such flour to sale as soon as may be, and if any miller shall purchase or get into his possession any quantity of wheat (besides what shall be deemed neces- sary for the support of himself and family for one year,) ard shall not manufacture the said wheat into flour within six weeks after the same came into his possession, except he is prevented by some unavoidable caus^, or having manufactured the same into flour shall refuse to expose such flour to sale at the current price, every such person shall be adjudged an engrosser, and shall be pun- ished as engrossers are directed to be punished by this act. (Section XXVIII, P. L.) And whereas merchants and others may, under pretence of piu-chasing flour or grain for exportation, engross large quantities thereof and elude this act: For prevention whereof: [Section XX.] (Section XXIX, P. L.) Be it further enacted. That if any merchant, exporter or any person on his or their behalf, shall purchase any flour or grain, ex- cept what may be necessary for the support and con- simaption of himself and family for six months, every such person or persons shall bona fide, export the same accord- LAWS OF PENNSYLVAN-IA, 1'7'79. 771 ing to the true intent and meaning of this act, within six weeks after the same shall be purchased by him or them as aforesaid, unless prevented by some unavoidable cause or accident: And if any merchant, importer, or other person, shall buy or get into his possession any quan- tity of flour or grain, except as aforesaid, under pretence that the same was bought for exportation, and shall not export the same as aforesaid, except prevented as afore- said, every such person shall be adjudged an engrosser and liable to the like punishment. [Section XXI.] (Section XXX, P. L.) And be it further enacted by the authority aforesaid. That the naval officer shall, and he is hereby required to publish in one of the English and German newspapers, monthly and every month, a list of all vessels which shall arrive in the port of Philadelphia, with a list of their cargo, and to whom they belong or to whom consigned. [Section XXII.] (Section XXXI, P. L.) And be it further enacted by the authority aforesaid, That the im- porters of goods, wares, or merchandise shall expose the same to sale within the space of two weeks after the same shall arrive at the Port of Philadelphia; and if any im- porter or his agent shall neglect or refuse to expose to sale any goods or merchandise, except what may be necessary for the use of himself and family for six months, on being tendered the current price therefor in ready money; every person so offending shall be adjudged an engrosser, and pimished as by this act is directed. Passed October 8, 1779. See the note to the Act of Assembly passed January 2, 1778, Chapter 779. The act in the text was repealed by the Act of Assembly passed March 22, 1780, Chapter 779. [9 Stats. 437.] CHAPTER DCCCLXIV. AN ACT FOR PROCURING AN IMMEDIATE SUPPLY OP PROVISIONS FOE THE PURPOSES HEREIN MENTIONED. (Section I, P. L.) Whereas his most christian majesty, the illustrious friend and ally of these United States, hath sent a great and powerful fleet to co-operate with the arms of these states for the annoyance and destruc- tion of the common enemy, which will require a very considerable and immediate supply of provisions, and more especially of flour, which it ia both our duty and interest to furnish without delay, so as to give vigor and 772 EEVOLUTIONAEY LEGISLATION. effect to the united arms, and realize the happy prospects of terminating the war: [Section I.] (Section II, P. L.) Be it therefore enacted, and it is hereby enacted by the Kepresentatives of the Freemen of the Commonwealth of Pennsylvania, in General Assembly met, and by the authority of the same, That the county of Philadelphia shall furnish one thou- sand barrels of good merchantable flour; the county of Chester two thousand five hundred barrels : the county of Bucks one thousand five hundred barrels; the county of Lancaster three thousand seven hundred and fifty barrels; the county of Berks two thousand two hundred and fifty barrels ; the county of Northampton one thou- sand barrels, to be paid for at the market price. (Section III, P. L.) Provided always, That any fiour deUvered by the inhabitants of either of- the above counties pursuant to a resolve of the supreme executive council bearing date the thirtieth day of September ultimo shall be deemed and considered as a part of the quota of each county to which such inhabitants belong. [Section II.] (Section IV, P. L.) Be it also enacted by the authority aforesaid, That for the more certain col- lection of the above supply without delay, the commis- sioners hereinafter mentioned, or a majority of them, shall meet together on the fifteenth day of this instant October at the following places, viz.:' the commissioners of Philadelphia county at the house of Agraham Wentz; the commissioners of Bucks county at the house of Wil- liam Bennett, tavern-keeper; the commissioners of Chester county at the house of Elijah Weed; the com- missioners of Lancaster county at the court-house in the borough; the commissioners of Berks county at the court-house in Reading town; and the commissioners of Northampton county at the house of Jonas Hertzel, Esquire, and be[ing] so met, the said commissioners respectively shall proceed to determine the mode in which the said supply can be furnished with the greatest expedition; and in order to make such determination effectual for the purpose herein mentioned, the said commissioners are hereby vested with full power and authority to divide the said counties into districts re- spectively, if they shall deem it expedient, and to enjoin and require the possessors and holders of wheat within the county or districts respectively to thresh out a pro- portion of their severa;! crops of wheat (first reserving LAWS OP PENNSYLVANIA, 17'79. 773 what may be sufficient for the use of their famiUes for one year) not exceeding one-eighth part thereof, to be dehvered at such time and place as the said commissioners or either of them, when acting in a separate district not exceeding fifteen miles from the dwelling house of such possessor or holder of wheat, and not exceeding fifteen days from the time of giving public notice of such requisi- tion in the county and district respectively. And the said commissioners respectively shall cause the said wheat so delivered to be ground into good merchantable flour, packed in good barrels, and forwarded to such person as shall be appointed by the supreme executive council to receive the same. [Section III.] (Section V, P. L.) And be it enacted by the authority aforesaid. That if any of the inhabitants aforesaid shall neglect or refuse to comply with the requisition of the said commissioners or commissioner, they or he respectively shall complain thereof to some one justice of the county or district where such refusal or neglect may happen, who shall forthwith summon the delinquents or delinquent to appear before him and proceed therein as by this act is directed in the case of engrossers so far as the seizing flour and grain in the possession of such delinquent, beyond what is necessary, in the opinion of such commissioner for the use of his family and delivering it as above directed. [Section IV.] (Section VI, P. L.) And be it enacted by the authority aforesaid, That the said commissioners shall be entitled to receive twelve dollars by the day for each day they shall be actually employed in the respective duties required of them by this act, and four dollars per barrel, for every barrel they shall procure. And if the said commissioners or any of them hereby appointed shall refuse or neglect to perform the said office, he or they shall respectively forfeit the sum of five hundred pounds, to be applied to the use of the poor where such refuser or neglecter shall reside, unless upon appeal to the court of quarter sessions, he shall make such excuse as to the said court shall appear suffi- cient and satisfactory. And in case of the refusal, death or disabiUty of the said commissioners or any of them it shall and may be lawful for any two justices of the peace, where the party delinquent resides, to supply such deficiency by a new appointment, and such person appointed shall be liable to the same penalties, exercise 714 BEVOLTJTIOWAEY LEGISLATION, the same powers and be entitled to the same rewards as those herem appointed. [Section V.] (Section VII, P. L.) Be it also enacted by the authority aforesaid, That all and singular the powers and authorities given and granted hereby for the procuring the several quantities of flour above mentioned shall cease and determine on the first day of December next, or sooner, if the said demand shall be satisfied; and in that case the supreme executive council are hereby authorized and empowered by proclamation under the seal of the state to revoke and determine the same. [Section VI.] (Section VIII, P. L.) And be it further enacted by the authority aforesaid. That the supreme executive council shall and is hereby authorized and empowered to draw orders on the state treasurer in favor of the commissioners for such sums and in such times as they shall think proper for the purpose of carrying this act into execution. [Section VII.] (Section IX, P. L.) [And be it further enacted by the authority aforesaid, That the following persons shall be and they are hereby appointed com- missioners in and for the several coimties hereinafter mentioned; to-wit: for the county of Philadelphia, Jacob Reed, Nathan Levering, Thomas Dimgan, Jenkin Evans, Robert McDowell, Andrew Reed and Peter Holston; for the county of Bucks, John Thompson, Joshua Anderson, Andrew Long, Senior, Robert Robin- son, Robert Stewart, [and] Nathaniel Vansant; for the county of Chester, Andrew Boyd, Senior, Thomas Cheney, John Beaton, Edward Parker and Thomas Heslip; for the county of Lancaster, Richard Foree, David Wattson, Thomas Edwards, James Anderson, Junior, Hugh Pedon, Wilham Swan, Jacob Fonts, Martin Hohnan, James Jack, Esquire, and William Clark; for the county of Berks, Joseph Heester, Michael Linde- muth, Jacob Weaver, Henry Spycker, Jacob Boyer, Jacob Bishop and Jacob Morgan, Senior, and for the county of Northampton, Anthony Learch, David Deshler, Thomas Moore and Thomas Wilson.] Passed October 9, 1779. See the Act of Assembly passed January 2, 1778, Chapter 782. LAWS OF PEKNSYLVANIA, 1179. 775 [10 Stats. 16. 1 CHAPTER DCCCLXX. AN ACT FOR THE EFFECTUAL SUPPRESSION OP PUBLIC AUCTIONS AND vendues; and to prohibit male persons, capable OF BEARING ARMS PROM BEING PEDDLERS OR HAWKERS. (Section I, P. L.) Whereas the practice of selling goods and merchandises by public auction or vendue in the present embarrassed state of commerce occasioned by the war now carrying on between the United States of America and Great Britain hath been made use of as a device for enhancing the prices of commodities and of depreciating the bills of credit of this state and of the United States of America: (Section II, P. L.) And whereas the restrictions and prohibitions heretofore laid upon sales by pubUc auction or vendue have not proved effectual: For remedy whereof: [Section I.] (Section III, P. L.) Be it enacted [and it is hereby enacted] by the Representatives of the Freemen of the Commonwealth of Pennsylvania in General Assembly met, and by the authority of the same, That from and after the publication of this act no goods, wares or merchandises,, or other property whatsoever (except as is hereinafter excepted) shall be offered or exposed to sale, or sold by public auction, vendue or outcry in any place within the territories of this common- wealth by any person or persons whatsoever. , [Section II.] (Section IV, P. L.) And be 'it further enacted by the authority aforesaid. That if any person or persons shall, contrary to the directions of this act, offer or expose to sale, or shall sell by public auction, vendue or outcry within this commonwealth, any goods, wares or merchandises or property (except as is here- inafter excepted) he, she or they so offending shall torfeit and pay for every such offense a sum of money equal to the value of the goods, wares or merchandises and other property so offered or exposed to sale, or so sold by public auction, vendue or outcry, to be recovered by action of debt, or by indictment, by any person who wiU sue or prosecute for the same, the one-half part thereof to the use of the person so suing or prosecuting, and the other half part thereof to the use of the overseers of the poor of the city or place where the offense shall be committed. '?'7G REVOLUTION AKY LEGISLATION. (Section V, P. L.) Provided always, That this act shall not be construed to extend to sales at public auction or vendue, which shaU be made by any sheriff or other officer in the execution of his office, who is not specially restricted by this act; nor to sales by public auction or vendue holden by executors or administrators of any real or personal estate which were bona fide of their respective testators or intestates; nor to the sale of lands, houses and other real estate, nor to the sale of the house- hold goods (which have been in wear and use), horses, cattle and live stock being the bona fide property of resident housekeepers actually removing from any town- ship or district of this state to another, or out of the state. (Section VI, P. L.) Provided nevertheless. That all sales by public auction, vendue or outcry permitted by this act which shall be holden or made within the city of Philadelphia, or within two miles of the court house in High street, in the said city, other than the sales by sheriffs and other officers, executors and admin- istrators as aforesaid, shall be holden and made in the manner hereinafter Umited and directed and not other- wise. .(Section VII, P. L.) And although a monopoly of the sale of goods by pubhc auction or vendue, in time of peace and order as the same was heretofore established in the city of Philadelphia, might be an vuijustifiable limitation of private right and productive of incon- venience, yet for the more effectual attainment of the purposes of this act within the city of Philadelphia and the vicinity of the same, it is necessary that a sole auc- tioneer be estabhshed in the said city during the con- tinuance of the restraint introduced by this act: [Section III.] (Section VIII, P. L.) Be it therefore enacted by the authority aforesaid, That the sale by public auction, vendue or outcry within the said city and within two miles of the said court house from and after the publication of this act of aU lands and other real estate and of aU other property permitted by this act to be sold by public auction, vendue or outcry other than the sales by sheriffs and other officers, executors and administrators as aforesaid shall be performed by an officer who shall be appointed and commissioned for that purpose by the supreme executive council and who shall be styled The Auctioneer of the City of Philadelphia ; LAWS OP PENNSYLVANIA, 1T?9. 777 and if any person or persons other than the said auctioneer, his deputy or assistants shall in the said city or within two miles of the said courthouse offer or expose to ^ale, or shall sell by public auction, vendue or outcry any lands, houses or other property, permitted by this act to be sold by public auction, vendue or outcry as afore- said, he, she or they so offending shall forfeit and pay for every offense a sum of money equal to the value of the lands, houses, goods or other property so offered or exposed to sale or so sold by public auction, vendue or outcry, to be recovered by action of debt, or by indict- ment in like manner and to like use as in the case of persons who shall sell by public vendue any good.-? by this act prohibited to be so sold as aforesaid. [Section IV.] (Section IX, P. L.) And be it further enacted by the authority aforesaid, That it shall be the duty of the said auctioneer to enquire diligently after all offenses against this act which shall be committed within his jurisdiction as above described, and to inform against the offenders, and to recover the penalties direc- ted and provided by this act, but not exclusive of any other person who will sue or prosecute for the same: and the said auctioneer shall, before he enters upon the duties of his said office become bound with two sufficient sure- ties unto the president of the supreme executive council of this state in the sum of twenty thosuand pounds, con- ditioned for the faithful performance of the duties re- quired of him, and for the honest and just satisfaction and payment of his employers and every of them, and besides the usual attestations required of the officers of this state by law, shall take an oath that he will, to the best of his skill and abilities, faithfully perform and exe- cute the duties required of him by this act. [Section V.] (Section X, P. L.) And be it further en- acted by the authority aforesaid, That the recompense of the said auctioneer for selling at public auction, col- lecting the money and paying over the same, without loss or waste shall be as follows: For household goods, cattle and live stock, five per centum; for horses, two and a half per centum, and for ships, houses and lands an half per centum. (Section XI, P. L.) And whereas the sale by public auction or vendue of.goods taken as prize upon water and condemned in the court of admiralty has been found very prejudicial to the credit of the paper money of the United 778 EEVOLUTIONABY LEGISLATION. States, emitted by the honorable Congress, by afiFording frequent and easy opportunites of gratifying private avarice and advancing and heightening the nominal value of commodities : For remedy whereof: [Section VI.] (Section XII, P. L.) Be it enacted by the authority aforesaid. That during the continuance of this act the marshal of the court of admiralty of this state shall not sell any goods, wares or merchandises or otherproperty by public auction or vendue, saving and excepting the ships or other vessels taken and condemned as prize, which vessels he shall put up with and sell together with their tackle, furniture and cannon, and not separately ; and saving, also, such goods really perishable in their nature or greatly damaged so as not to be kept without further injury till the trial of the capture be finished, the same to be reported to the judge of the court of admiralty of this state upon the oaths of judicious and indifferent persons appointed to view the same, under like penalties and for- feitures, to be recovered in like, manner and to like use as the forfeitures hereinbefore mentioned and directed. [Section VII.] (Section XIII, P. L.) And be it further enacted by the authority aforesaid. That the said marshal shall make out an exact inventory of the prizes taken upon water and condemned in the court of admi- ralty and shall have them appraised by three or more sworn appraisers, to be appointed by the said judge, at the true value thereof in current money; which inventory and appraisement in which the distribution hereinafter directed shall be distinguished, shall be filed with the register of the said- court of admiralty; and, in case no appeal be entered in due time or in case there shall be execution of the decree of the said court, upon security being entered in double the value, the same (except ships and vessels and such perishable and dam- aged goods as aforesaid) shall be divided and distributed by the said marshal in equal and fair shares and propor- tions, to the agent of the owners of the ship of war, if any there be, of the one part, and to the agent of the captain or commander, mariners and other persons entitled, by being present at the seizure of such prize, on the other part; or, if two or more ships of war shall have right to such prize, then into two general divisions, one for each, to be subdivided between the owners and crew of both of the said ships as aforesaid, where such divisions LAWS OF PENNSYLVANIA, 1'7'79. 779 and subdivisions shall be proper and just, but into no further or less parts or shares. And in case it shall so happen that the nature of the property to be distributed as aforesaid shall not admit of a division and distribution perfectly equal, then the right to the same in kind shall be determined by lot and the unavoidable difference therein shall be equalized and paid in money by the party receiving such goods, to the other party, and the like mode of distribution shall take place in case of recapture unless the former owner shall forthwith pay down the salvage in current money. And the said marshal is, by virtue of this act, enabled to retain in his hands a sufficiency of the goods or property condemned to secure to him in all such cases of distribution as afore- said the [payment of the] costs of suit and other reason- able charges by him expended for the securing and distributing the said captures. [Section VIII.] (Section XIV, P. L.) And be it further enacted by the authority aforesaid. That the said marshal, for all goods so distributed, shall be entitled to a fee of one-fourth per centum and no more. And the said ap- praisers shall be allowed and paid a reasonable reward for each day which they shall be employed therein, to be ascertained by the said judge, the said allowance to be defrayed out of the said captures. [Section IX.] (Section XV, P. L.) And be it further enacted by the authority aforesaid. That if any printer or other person, during the continuance of this act shall print, write or publish any advertisement of , the sale of any goods or property not warranted or allowed by this act, he or she so offending shall forfeit and pay the sum of five hundred pounds, one-half part thereof to the person who shall sue for the same, and the other half part thereof to the use of the overseers of the poor of the city or place where the offense shall be committed, which sum shall be recoverable in a summary way before any justice of the peace of the proper city or county, in the manner in which demands not exceeding fifty pounds are recoverable with costs of suit. [Section X.] (Section XVI, P. L.) And be it further enacted by the authority aforesaid, If any male person capable of bearing arms in the militia shall, during the continuance of this act by virtue of any license or other- wise travel or go about as a peddler or hawker within this state the person so offending shall forfeit the goods which '780 EEVOLtrTIONABY LKGISLATIOK. he shall carry about with him for sale, or shall offer to sale, and any commissioned officer of the militia or constable may, and he is hereby enjoined to seize and prosecute the same to condemnation, if, under the value of fifty pounds before any justice of the peace of the county in a sum- mary way, if above the value of fifty pounds in the court of common pleas of the same county, to be distributed, the one-half to the said officer or constable, and the other half to the overseers of the poor, for the use of the poor of the township or place where the offense was committed, other- wise such offender shall forfeit the sum of five hundred pounds to be recovered by action of debt or by indictment and apphed to the same use as the penalties and forfeitures imposed by this act on persons who shall sell goods by public vendue, contrary to this act, are directed to be recovered and applied as aforesaid. [Section XI.] (Section XVII, P. L.) And be it further enacted by the authority aforesaid. That an act of general assembly, entitled "An act for regulating peddlers, vendues, &c.," ' passed on the fourteenth day of Feb- ruary, which was in the year of our Lord one thousand seven hundred and twenty -nine, so far as the same relates to public vendues, and also so much of the said act as relates to peddlers and hawkers as is by this act altered or amended, and no more thereof is hereby repealed. [Section XII.] (Section XXIII, P. L.) And be it further enacted by the authority aforesaid, That one other act of general assembly, entitled "An act to prohibit the sale of goods by public vendue, and to regulate hawkers and peddlers within this state," ^ passed on the nineteenth day of June, which was in the year of our Lord one thousand seven hundred and seventy-seven, is also repealed. [Section XIIL] (Section XIX, P. L.) And be it further enacted by the authority aforesaid, That this act shall continue and be in force until the termination and end of the present war between the United States of America and Great Britain, and no longer. Passed November 26, 1779. See the notes to the Acta of Assembly passed February 14, 1729-30, Chapter 308; June 19, 1777, Chapter 761; and the Acts of Assembly passed March 2, 1780, Chapter 883: March 8, 1780, Chapter 887; September 22, 1780, Chapter 915: September 23, 1780, Chapter 919; April 13, 1782, Chapter 975; December 9, 1783, Chapter 1063; March 30, 1784, Chapter 1090. ' Passed February 14, 1729, Chapter 308. ' Passed June 19, 1777, Chapter 761. LAWS OF PENNSYLVANIA, 1780. 781 [10 Stats. 43.1 CHAPTER DCCCLXXVI. AN ACT FOR LAYING AN EMBARGO ON THE EXPORTATION OF PROVISIONS FROM THIS STATE BY SEA FOR A LIMITED TIME. (Section I, P. L.) Whereas the last harvest of wheat and other grain, in this and the neighboring states hath not proved so abundant as it was supposed, and it is highly necessary that the exportation of victuals and provisions from this state by sea should be prohibited for a limited time in order to retain a sufficiency within the same for the sustentation of the inhabitants and for the armies and fleets of the United States of America and their allies: [Section I.] (Section II, P. L.) Be it therefore enacted and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in General Assembly met, and by the authority of the same. That an embargo be and hereby is laid on the exportation by sea, of wheat, rye, barley, oats, spelts and Indian corn, and on all meal and flour made of wheat, rye, barley, oats, spelts or Indian corn, and on bread, rice, beef, pork, bacon and live stock, and on aU other victuals and provisions for the food of man, and the exportation thereof by sea from and after the publica- tion of this act, is hereby prohibited and forbidden until the first day of September next. (Section III, P. L.) Provided always, That this act shaU not be construed to restrain the lading upon any ship of war or other vessel which shall actually be in one of the ports of the state such quantities of provisions as may be necessary for the stores only of such ship or vessel for the cruise or voyage of such ship or vessel; nor to the transportation by sea, or exportation of any victuals or provisions for the use of the armies or ships of the United States of America or their allies, such transportation or exportation being first certified to the supreme executive council of this commonwealth, and the license of the said council obtained for the same. (Section IV, P. L.) Provided also. That if at any time before the first day of September next, the con- tinuance of the embargo laid by this act shall appear to be unnecessary or in case the neighboring and adjoin- ing states shall not concur in an equal restriction upon the exportation of provisions the supreme executive council by proclamation may suspend the said embargo. 782 REVOLUTIONABY LEGISLATION. [Section II.] (Section V, P. L.) And be it furtlier enacted by the authority aforesaid, That if any wheat, rye, barley, oats, spelts or Indian corn, or any meal or flour made of wheat, rye, barley, oats, spelts or Indian corn; or any bread, rice, beef, pork, bacon, live stock or other victuals or provisions whatsoever for the food of man, except as hereinbefore is excepted, shall be shipped or laden from and after the publication of this act on any ship or vessel within this state with design to export the same by sea contrary to the intent and mean- ing of this act, it shall and may be lawful for the naval officer, and he is hereby enjoined and required, on proper information, or it shall and may be lawful for any other person to enter on board any such ship or vessel and to seize all such wheat, rye, barley, oats, spelts and Indian corn and meal or flour, bread, rice, beef, pork, bacon, live stock and other victuals and . provisions, together with the ship or vessel in which the same shall be foimd and her tackle, apparel and furniture, and all such vic- tuals and provisions so shipped and laden contrary to this act, and the ship or vessel in which the same shall be so found, together with her tackle, apparel and furni- ture shall be forfeited; one-third part thereof to the use of the state, one-third part thereof to the use of the said naval officer or other person who shall seize the same and the other third part thereof to the use of the informer. [Section III.] (Section VI, P. L.) Provided always, and it is hereby enacted by the authority aforesaid. That no claim for any ship or vessel or provisions seized, or pretended to be seized, in pursuance of this act shall be admitted unless security be first entered for the payment of all costs in case such seizure be condemned ; and that no suit or action against the officer or person or persons making such seizure or his or their assistants shall lie unless such suit or action be brought within three months after cause shall be given. Passed February 28, 1780. See the notes to the Acts of Assembly passed January 2, 1778, Chapter 779; November 17, 1778, Chapter 817; and the Acts of Assembly passed September 22, ]780,^Chapter 917; December 22, 1780. Chapter 922; February 27, 1781, Chapter 928; June 7, 1781, Chapter 943. Kecorded L. B. No. 1, p. 328, &c. LAWS OF PENNSYLVANIA, WSO. 783 [10 Stats. 81.] CHAPTER DCCCLXXXIIl. AN ACT TO ALTER AND AMEND AN ACT OP ASSEMBLY ENTITLED "AN ACT FOR THE EFFECTUAL SUPPRESSION OF PUBLIC AUCTION" AND VENDUES, AND TO PROHIBIT MALE PERSONS CAPABLE OP BBAHING ARMS PROM BEING HAWKERS AND PEDDLERS," SO PAR AS TO ALLOW THE SALB BY PUBLIC AUCTION OP GOODS DAMAGED OK SHIPWRECKED. (Section I, P. L.) Whereas in the act of assembly, entitled "An act for the effectual suppression of public •auctions and vendues and to prohibit male persons capable of bearing arms from being hawkers and ped- dlers, " * passed on the twenty-sixth day of November last, no provision was made for the sale by public auction of damaged goods or goods saved out of ships or vessels wrecked or which, for the satisfaction of insurers and others, it may be proper and reasonable should be sold after that manner: [Section I.] (Section II, P. L.) Be it therefore enacted and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in Gen- eral Assembly met and by the authority of the sftme, That from and after the publication of this act, all goods and merchandise which shall really and bona fide be damaged and in a perishable condition, or which shall be saved out of any ship or vessel cast away or wrecked or so circumstanced by distress of storms or otherwise that the cargo or lading thereof ought to be sold for the accoimt of [the] insurers, and anchors and cables taken up at sea or in the river or bay of Delaware and which ought to be sold to ascertain the salvage due thereupon to the person or persons who may take up the same, may be sold at public auction or vendue the said act notwithstanding, subject, however, to the rules and restrictions therein prescribed as to the sale by public auction or vendue of goods and merchandise thereby permitted to be sold by public auction or vendue. [Section II.] (Section III, P. L.) Provided always and be it further enacted by the authority aforesaid, That before the auctioneer of the city of Philadelphia shall proceed to sell by public auction or vendue any goods or merchandise by virtue of this act, he shall be furnished with the license of the president or vice-president in council authorizing such sale in which the goods and I Tassed November 26, 1779, Chapter 870. 784 BEVOLUTIONABY LEGISLATION. merchandize thereby permitted to be sold as aforesaid shall be specified and particularized, such license to be grounded on the report on oath or affirmation of three judicious and indifferent men who, being appointed by the said president or vice-president in council for that purpose, shall have carefully enquired of and viewed the said goods and merchandise and found them to come within the intent and benefit of this act. Passed March 2, 1780. See the note to the Act of Assembly passed- November 26, 1779, Chapter 870. Recorded L. B. No. 1, p. 346, &c. flO Stats. 175]. CHAPTER CMIV. AN ACT TO REPEAL DIVERS ACTS OF ASSEMBLY OP THIS COMMONWEALTH HEREIN AFTER MENTIONED, FOR PREVENTING FORESTALLING AND EEGRATING, AND FOR THE ENCOURAGEMENT OF FAIR DEALING; AN ACT ENTITLED "AN ACT TO PERMIT THE MAKING OF WHISKEY AND OTHER SPIRITS FROM RYE, BARLEY, OH THE MALT MADE THEREOF, UNDER CERTAIN RESTRICTIONS THEREIN MENTIONED; AND TO PRO- HIBIT THE DISTILLING ANY WHISKEY OR OTHER SPIRITS FROM ANY OTHER GRAIN, MEAL, MALT OR FLOUR." (Section I, P. L.) Whereas the operation of an act of assembly of this commonwealth passed on the second day of January, which was in the year of our Lord one thousand seven hundred and seventy-eight, entitled "An act to prevent forestalling and regrating and to encourage fair dealing, " * and a supplement and further supplement to the same act, passed on the first day of April and tenth day of September following; - and an- other act of assembly, entitled "An act for the more effectually preventing engrossing and forestalling, for the encouragement of commerce and the fair trader and for other purposes therein mentioned, " ' passed on the eighth day of October last, and another act of assembly, entitled "An act to permit the making of whiskey and other spirits from rye, barley and the malt made thereof under certain restrictions therein mentioned, and to pro- hibit the distilling any whiskey or other spirits from any other grain, meal, malt or flour, " ' passed on the eighth day of October last, have not been found to answer the good purposes for which they were made, and have pro- 1 Chapter 779. 'Chapter 797. 'Chapter 859. < Chapter S-W LAWS OF PENNSYLVANIA, 1180. / 785 duced some inconveniences, so that it appears to be of no public advantage that they should continue in force: [Section I.] (Section II, P. L.) Be it therefore enacted and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in Gen- eral Assembly met, and by the authority of the same, That the said-recited acts and every clause, matter and thing therein contained be and the same are hereby re- pealed and made void. Passed March 22, 1780. [10 Stats. 176.] CHAPTER CMV. AN ACT FOR PROCURING A SUPPLY OF PROVISIONS AND OTHER NECES- SARIES FOR THE USE OF THE ARMY. (Section I, P. L.) Whereas the honorable the Congress of these United States have resolved that this state be called on to procure, within the present year, the following articles for the use of the army, viz.: Forty thousand barrels of flour, two hundred thousand bushels of Indian corn or other short forage equivalent, one thousand seven hundred tons of hay, fourteen thousand one hundred and eighty-nine bushels of salt and twenty- four thousand four hundred and twenty-three gallons of rum : In order, therefore, to comply with the said requisition: [Section I.J (Section II, P. L.) Be it enacted and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in General As- sembly met, and by the authority of the same, That for the purpose of carrying this act into effect there be appointed one commissioner of purchases in the city of Philadelphia and one in each county of this state by the president or vice-president in council, the persons so appointed to be resident in the city or coimty for which they are respectively appointed. i [Section II.] (Section III, P. L.) And be it further enacted by the authority aforesaid, That each and every of the said commissioners before they enter upon the execution of their trust shall give such security for the faithful performance thereof as the said council shall think proper and take the following oath or affirmation (which may be administered by any justice of the peace 37639°— 18 50 786 KEVOLUTIONABY LEGISLATION. in the city -r county for which the said commissioners shall be respectively appointed), to wit: I, A. B., do swear (or affirm) that I will diligently and faithfully, without favor, affection or partiality, execute the duty and trust reposed in me by an act of the general assembly of this commonwealth, entitled "An act for procuring a supply of provisions and other necessaries for the use of the army." [Section III.] (Section IV, P. L.) And be it further enacted by the authority aforesaid. That the said com- missioners shall severally, in the city and each of the counties for which they are respectively appointed, be authorized and required to purchase all the wheat and wheat flour and other articles above enumerated which can be procured within the said city and several counties [respectively] for which they [are] chosen, and not else- where, at such price or prices as shall be ascertained and fixed in the manner which is hereinafter directed and appointed. And in case a sufficient quantity of wheat or other articles so required cannot be procured by pur- chase, that then and in that case any or either of the said commissioners having knowledge or cause to appre- hend that any wheat or flour, rye, Indian corn or other necessaries so required are withheld from sale or public market, may and is hereby required to apply to the next justice of the peace and lodge such information with him, who, thereupon, is hereby authorized and required to issue his warrant, under his hand and seal, directed to the constable of the said township or district and two reputable freeholders, who shall, upon the receipt thereof proceed with the said commissioner to where such flour, grain or other stores is supposed to be and there to demand of the owner or other person having care thereof to admit such officer, freeholders and com- missioners to view the same, and on his neglect or refusal so to do, it shall and may be lawful for the said constable, freeholders and commissioner, with such assistance as may be necessary, to break open, in the day time, any house, bam, outhouse, mill or storehouse, or other houses where such grain or flour may be suspected to be, and seize and take into their possession all such wheat and wheat flour and other articles as above, whether found in the hands of millers, merchants, traders, farmers or others, leaving to the farmers as much as may be sufficient to support their families LAWS OF PENNSYLVANIA, 1180. 787 until the first day of August next after such seizure, and one-third of what shall be found in their possession over and above the same quantity and to all others sufficient only for the support of their families during the time aforesaid: Provided always, That no person or persons be allowed to retain the said one-thii-d part over and above what is necessary for the support of his or their family unless the same be of his own raising or growth, and in case any debate shall arise as to what ought to be detained by the owner it shall be settled as the price is hereinafter directed to be. (Section V, P. L.) Provided nevertheless, That if any or either of the said commissioners in pursuance of this act shall seize any wheat or other necessaries required by this act in the hands or possession of any tenant, being bona fide the rent reserved for said land and due in wheat or other grain to the landlord, then and in that case it shall and may be lawful for the said tenant to pay or tender in payment to the said landlord or to his attorney all moneys so received for such wheat or other grain from said commissioner, such payment so made or tendered to be made shaU be deemed good and available in law against all further suit or suits or other proceed- ings of the said landlord for or in recovery of any such rent or any part thereof, any law, custom or usage to the contrary notwithstanding. [Section IV.] (Section VI, P. L.) And be it further enacted by the authority aforesaid, That the said com- missioners and each of them within the city or county for which they are respectively appointed be authorized and required to hire, or, if need be, to seize, any mill or mills for grinding the said wheat and to hire or seize as aforesaid any storehouses for the safe keeping the said wheat and flour, and to hire or, if need be, to impress any horses and carriages, boats and other vessels for transporting the same and to hire persons and procure materials for making sacks, barrels or other proper casks or boxes for the containing or transporting the same; to hire fit persons for threshing out the wheat or other grain above mentioned, if it may be necessary, and in general to do all and everything which may be needfxil for the procuring, collecting and transporting the said wheat and flour and other above enumerated articles to such place or places as are hereinafter directed, and it shall and may be lawful for the said commissioners to 788 EEVOLUTIONAEY LEGISLATION. seize and take all wheat, rye and flour that has been bought by quartermasters, commissaries, forage masters, or their deputies or persons acting under them, and which is now lying in any mill or storehouse, paying them the money they have advanced thereon or assuming the payment to the persons of whom the said quarter- masters or commissaries bought the same, provided they have not paid them, unless the said commissary shall, upon application made to him by the commis- sioner, render an account of the quantity of wheat, rye, flour or any other grain by him purchased and lying in said storehouse or mills and give sufficient assurance under his hand that the said wheat, rye, and flour or other grain shall be in twenty days deposited in a proper magazine for the use of the army. [Section V.] (Section VII, P. L.) And be it further enacted by the authority aforesaid, That the price of such articles shall be ascertained and fixed by the said commissioner and party or, in case they cannot agree, by and with the assistance of such reputable third person not interested immediately in the price as may be ap- pointed for that purpose by the next justice of the peace, and such price so fixed shall be paid in ready money or lawfully tendered before such wheat or flour or other articles as above so bought or seized shall be removed; and the said commissioners respectively shall take receipts in a proper book for that purpose for all moneys so paid, mentioning the quantity of such article or articles so bought or seized and the price of the same and the name of the person from whom bought or seized in words at length. [Section VI.] (Section VIII, P. L.) And be it further enacted by the authority aforesaid. That the said wheat and flour and the shorts and bran and other enumerated articles, when collected by the said commissioners, or any of them, shall be transported and delivered by them in such quantities and proportions and at such times and places as by the supreme executive council of this commonwealth shall from time [to time] be ordered and required so that the same may be conveyed and deposited in such place or places within his state as the commander-in-chief shall appoint and direct, and the commissioners shall employ proper wagons and carriages for transporting the said grain or flour, paying the wagoner or owner thereof by the hundred weight or bushel per LAWS OF PENNSYLVANIA, 1780. 789 mile, they finding their own forage or paying the com- missioner for any forage he may from time to time supply them with in order to enable them to transport said grain or flour. [Section VII.] (Section IX, P. L.) And be it further enacted by the authority aforesaid, That each and every of the said commissioners shall cease and desist from purchasing and collecting wheat and flour and other arti- cles by virtue of this act whenever they shall be ordered so to do by the supreme executive council, and the said coimcil shall superintend the said purchase so as from time to time to direct, hmit, restrain, dismiss or super- cede the said commissioners of purchase, or any of them, as shall in their discretion best promote the public service and that the said commissioners and every of them be enjoined and required to make monthly returns to the said council of their proceedings and of the quan- tities of wheat and flour and other articles procured by them in pursuance of this act and shall settle their accounts annually and finally with the committee of accounts of the general assembly. [Section VIII.] (Section X, P. L.) And be it further enacted by the authority aforesaid, That any commis- sioner as aforesaid who shall, after purchasing the articles, or any of them, directed to be purchased by this act, clandestinely dispose of or sell or barter the same, or any part thereof, or shall deal on his own account, or on the account of any other person in any of the articles which he shall be directed to purchase by virtue of this act, or shall deal in any other article or make any purchase whatever (otherwise than as herein directed) with the money he may be intrusted with by virtue of this act or shall lend out the same, each commissioner so ofl'ending shall, on conviction thereof, by proof of one or more witnesses before any court of quarter sessions, forfeit and pay doijble the value of the article so dealt in or the sum so lent as aforesaid. [Section IX.] (Section XI, P. L.) And be it further enacted by the authority aforesaid. That the state treas- urer, when he issues any of the money emitted by the act of this session for emitting money, to the commissioners agreeable to the orders of the supreme executive council shall number each half sheet on the margin and sign his name in words at length thereto, and each commissioner, at the settlement of his accoimts, in case he has not 790 REVOLUTIONABY LEGISLATION. paid the whole away in purchases, shall return the money remaining in his hands in the very identical sheets or half sheets he received under the penalty of forfeiting double the sum so remaining, to be recovered by action of debt. [Section X.] (Section XII, P. L.) And be it further enacted by the authority aforesaid. That the said com- missioners, for their trouble and expense, exclusive of all costs for seizure, threshing, carting, boating, storage and grinding, shall be allowed two shillings for every barrel of flour, for every hundred bushels of short forage, fifteen shillings; for every ton of hay, seven shillings and six pence; for every hundred bushels of salt, fifteen shillings, and five shillings for every hundred gallons of rum or other spirits, and for all moneys expended in the employment of wagons, boats or carriages in trans- porting the same, two and a half per centum. [Section XI.] (Section XIII, P. L.) And be it further enacted by the authority aforesaid. That aU justices, sheriffs and other civil officers be and they are hereby enjoined and required to aid and assist the said commis- sioners and every of them to carry . this law and the intention thereof into full and speedy effect. [Section XII.] (Section XIV, P. L.) And be it further enacted by the authority aforesaid. That during the con- tinuance of this act no quartermaster, forage master, commissary or any of their deputies or assistants or other officer on the staff of Congress be suffered or al- lowed to purchase any wheat or wheat flour or other of the above articles except for their own private consump- tion within this state, upon pain of forfeiting the value of the wheat or wheat flour or other article so by him or them purchased, and that any or either of them offending herein shall and may be indicted in any court of quarter sessions of the peace in the said city [or] any county of this state, and, being convicted thereof, shall be adjudged to forfeit and pay to the amount of the value of the said article or articles so by him or them pur- chased, one-half to the use of the informer and the other half to the use of this commonwealth, on the trial of which indictment the said informer shall be received and admitted as a witness. Passed March 23, 1780. See the note to the Act of Assembly passed January 2, 1778, Chapter 782. LAWS OF PENNSYLVANIA, 1780. 791 [10 Stats. 214.] CHAPTER CMXIII. AN ACT FOR PKOCURING AN IMMEDIATE SUPPLY OP PROVISIONS FOR THE FEDERAL ARMY, IN ITS PRESENT EXIGENCY. (Section I, P. L.) Whereas, the resolutions of the honorable Congress of the United States lately passed for the supply of the federal army, have not yet been fully executed, and it is indispensably necessary that extraordinary exertions should be made at this time without regard to specific quantities or specific articles as required by Congress; this state, therefore, ever desirous to manifest its zeal in the common cause, being now specially called upon by the honorable Congress to furnish a supply of meat, hath resolved to comply there- with to the utmost of its ability: To this end, therefore: [Section I.] (Section II, P. L.) Be it enacted and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in General Assem- bly met, and by the authority of the same, That it shall and may be lawful for the president or vice-president in council from time to time to appoint such and so many diligent, honest inhabitants of this state as they shall deem necessary as commissioners to procure meat at the most reasonable rates for the army, and the said commis- sioners shall severally transport the same to such place or places within this state as the supreme executive coun- cil shall direct, there to be delivered to the commissary general of purchases for the army, his deputies or agents, taking from the said commissary or agent his certificate therefor, expressing particularly the number, quantity and quality of the same, together with his receipt for the value thereof as paid by the said commissioner, which account, together with the charges thereon, the said commissioner shall deliver to the commissary on oath or affirmation if required. [Section II.] (Section III, P. L.) Be it also enacted. That all cattle, sheep or salted provisions shall be subject to be seized by the commissioners appointed by virtue of this act, or either of them, his or their deputies or agents, to and for the use of the said army, the person taking and seizing the same paying therefor at such rates as shall be fixed by two indifferent freeholders of the neighborhood, one to be appomted by the commissioner 792 EEVOLtTTIONAEY LEGISLATION. or his deputy or agent, and the other by the owner of such cattle, sheep or salted provisions and in case such owner shall refuse to appoint such appraiser, then the said commissioner, his agent or deputy shall and he is hereby authorized and empowered to fix the price and pay the same, or give a certificate therefor as is hereafter mentioned. (Section IV, P. L.) Provided always. That if any per- son whose cattle, sheep or meat shall be so seized or taken, shall make oath or affirmation that such cattle, sheep or salted provisions are necessary for the private use of the possessor and his family or for sale by retail as a butcher [or for the necessary use of the master and mariners of any ship or vessel outward bound] then and in such case, upon a true copy of the said oath or affirma- tion being served on the person so seizing the said cattle, sheep or salted provisions, the same shall be discharged from such seizure. [Section III.] (Section V, P. L.) Be it also enacted by the authority aforesaid, That the said persons so ap- pointed shall severally at least once in every month make returns to the president or vice-president in council of the quantities of meat by them respectively purchased or seized, the price paid for the same and of the quan- tities delivered to the commissary general, his deputies or assistants, specifying the names of the persons to whom the same were respectively delivered, the prices thereof and the place or places where the said meat was procured, under the penalty of forfeiting his commission or allow- ance for the said service. And to the intent that both purchaser and seller may be assured of the price and certainty of payment for all cattle, sheep or salted provisions procured by virtue of this act: [Section IV.] (Section VI, P. L.) Be it enacted by the authority aforesaid. That all voluntary sellers of the said enumerated articles to the said persons so appointed, shall be entitled to the current prices therefor; the said sale and price to be certified by the said purchaser under his hand, which said certificate shall be and is hereby declared to be good and effectual in the payment of all state taxes for the money therein expressed, and the several collectors of taxes within this state are hereby enjoined and required to receive the said certificates in payment. LAWS OF PENNSYLVANIA, 1780. 793 (Section VII, P. L.) Provided always, That such cer- tificate be not transferrable to any other person, but avail- able only to the person whose name shall be expressed therein, and if the amount of such certificate shall exceed the tax for which it shall be tendered in payment, then the collector, upon such person producing the same shall indorse the allowance made thereupon as so much of the said certificate paid and shall keep an exact register of the names of the persons and the amount of the sums so indorsed in credit as aforesaid, a copy whereof he shall dehver to the county treasurer as his voucher, but if the said certificate shaU not exceed the tax demanded the collector shall take up the same, crediting the tax as aforesaid and returning such certificate to the county treasurer. [Section V.] (Section VIII, P. L.)- Be it also enacted by the authority aforesaid. That the faith and honor of the state be and it is hereby pledged for the faithful and just payment of such of the said certificates as shall not be paid in for taxes as aforesaid, together with lawful interest thereon at the rate of six per centum, on or before, the first day of March next. (Section IX, P. L.) And whereas, the spirited exertions of individuals in such an exigency deserve the utmost encouragement, and there is reason to believe that many faithful friends to their country will, if duly secured against loss or damage (as it is reasonable they should be) furnish the said persons so appointed with cattle, sheep or salted provisions procured by their personal credit and influence. [Section VI.] (Section X, P. L.) Be it, therefore, enacted. That any person so delivering to the person so appointed any number of cattle not less than fivj or sheep not less than twenty, shaU be entitled to an order on the president or vice-president in council for the full umount of the price thereof, together with aU reasonable charges attending the said service as the same shall be settled by the commissioners. [Section VII.] (Section XI, P. L.) Be it also enacted by the authority aforesaid, That if any person or persons shall oppose the persons appointed by virtue of this act in the execution of the several duties herein assigned them, such person or persons shall be and they are hereby declared, on conviction in due course of law, to be liable to the penalty of two thousand pounds, to be levied on 794 EEVOLUTIONAEY LEGISLATION. their goods and chattels, lands and tenements or, in case no such effects can be found, to imprisonment without bail or mainprise for the space of six months, and also to such pains and penalties as are by law inflicted in case of resistance to any sheriff or known officer in the execution of their offices respectively. [Section VIII.] (Section XII, P. L.) Be it also enacted, That it shall and may be lawful for the president or vice- president in council to make such allowance as may be necessary to the officers in and by this act appointed; and in case of any doubt or difficulty arising in the execution thereof the same shall be referred to the supreme execu- tive councU, whose determination in all matters not specially provided for herein shall be directory and conclusive. [Section IX.] (Section XIII, P. L.) Be it also enacted. That it shall and may be lawful for the president or vice- president in council, by proclamation, to suspend the several powers and authorities herein granted if the circumstances of the federal army shaU, in their judgment, admit thereof. [Section X.] (Section XIV, P. L.) Be it also enacted, That this act shall be and remain in fuU force and virtue, unless suspended as aforesaid, until the end of the next sitting of the general assembly, and no longer. Passed June 1. 1780. See the note to the Act of Assembly passed January 2, 1778, Chapter 782, and the Act of Assembly passed Decem- ber 4, 1789, Chapter 1470. Recorded L. B. No. 1, p. 397, &c. [10 Stats. 227.] CHAPTER CMXVII. AN ACT TO REVIVE AND CONTINUE FOE A TURTHEB LIMITED TIME THE ACT FOR LAYING AN EMBARGO ON THE EXPORTATION OF PROVISIONS FROM THIS STATE BY SEA, FOR A LIMITED TIME. (Section I, P. L.) Whereas, an act, entitled "An act for laying an embargo on the exportation of provisions from this state, by sea, for a hmited time," ^ passed on the twenty-eighth day of February, Anno Domini one thousand seven hundred and eighty, is expired by its own hmitation, and it being expedient to continue the same to a further time: > Chapter 876. LAWS OP PENNSYLVANIA, 1780. 796 Therefore: [Section I.] (Section II, P. L.) Be it enacted and it 13 hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in General Assem- bly met, and by the authority of the same, That the said act, and every clause, proviso and thing therein contained, save the clause limiting the continuance thereof, shall be and the same is hereby continued for six months, and from thence to the end of the next sitting of the general assembly. Passed September 22, 1780. See the note to the Act of Assembly passed February 28, 1780, Chapter 876; and the Act of Assembly passed December 22, 1780, Chapter 922. The Act in the text was repealed by the Act of Assembly passed February 27, 1781, Chapter 928. Recorded L. B. No. 1, p. 402, &c. [10 Stats. 229.] CHAPTER CMXIX. AN ACT TO ALTER AND AMEND AN ACT ENTITLED "AN ACT FOR IHE EFFECTUAL SUP: BESSION OP PUBLIC AUCTION AND VENDUES AND rBOHlBIT MALE PERSONS CAPABLE OP BEARING ARMS PROM BEINO HAWKERS AND PEDDLERS." ' (Section I, P. L.) Whereas it appears to be necessary in the present situation of the trade and commerce of this state that the sale of goods at public vendue should be enlarged and extended: [Section I.] (Section II, P. L.) Be it therefore enacted and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in Gen- eral Assembly met, and by the authority of the same. That from and after the pubhcation of this act it shall and may be lawful for the president or vice-president in council to appoint and hcense three auctioneers, one for the city of Philadelphia, one for the Northern Liberties and one for the district of Southwark, who shall con- tinue for and during the will and pleasure of the said president and council, and shall give bond to the presi- dent and his successors, with two sufficient sureties in the sum of twenty thousand pounds, for the faithful dis- charge of their duties, and for well and truly performing the terms and payments in and by this act directed and required. • Passed November 26, 1779, Chapter 870. 796 BEVOLITTIONAEY LEGISLATION. [Section II.] (Section III, P. L.) And be it further enacted by the authority aforesaid, That the said auc- tioneers and no other shall, from and after the pubhcation of this act, have fuU power and authority to set up and ' expose to sale by public outcry and vendue, all and any houses, lands, goods, wares and merchandises and property whatsoever, negroes and mulatto slaves excepted, render- ing and paying to the state treasurer for the use of the commonwealth one per centum of the gross amount of the sales so by him or them made as aforesaid, in manner following. That is to say: That each and every of the said auctioneers shall, once in every three month[s], render an account upon oath to the said treasurer (which oath he is hereby empowered to administer and is directed to file the said account with the said oath in his office) of all the effects and property by him or them sold at any time before the said time of rendering the same account and since his last settlement, and shall then immediately pay to the same treasurer the full amount of the said one pound in the hundred pounds upon the same account; and upon any failure in rendering the same account upon oath, or of payment of the said sum of one per centum, any auctioneer so f aihng or neglecting shall be discharged from his place and the said bond put immediately in suit. And if any person or persons other than the said auction- eers shall be found selling or disposing of any lands, tene- ments, goods, wares, merchandises or property whatsoever within the city of Philadelphia, the Northern Liberties or the district of Southwark, except as hereinafter is ex- cepted by way of vendue or auction such person or per- sons so offending and being thereof legally convict[edJ shall, for every such offense, forfeit the sum of twenty thousand pounds to the use of the poor of the city, Uber- ties or district where such offense shall be committed. And, moreover, it shall and may be lawful for any justice of the peace of the said city, liberties or district, respec- tively, upon his own view or on the testimony and infor- mation of one or more creditable witnesses to him given of any persons selhng any lands, tenements, goods, wares, merchandise or other property whatever by way of vendue or auction as aforesaid, except as by this act is excepted, within the said city, district or liberties to cause such per- son or persons so ofiEending to [be] apprehended and may obhge him, her or them to find sureties for his, her or their good behavior and appearance at the next court of quarter LAWS OF PENNSYLVANIA, 1780. 797 sessions of the peace to be held for the said city, liberties or districts, respectively. [Section III.] And it is further declared. That if the party so bound over, shall, during the continuance of his, her and their recognizances, presume again to sell or ex- pose to sale by way of vendue as aforesaid any lands, tenements, goods, wares, merchandise or other property whatsoever within the said city, hberties or district, such selling or exposing to sale shall be deemed and is hereby ^declared to be a breach of the said recognizance. [Section IV.] (Section IV, P. L.) Provided always, and it is hereby further enacted. That nothing herein contained shall extend or be construed to extend to hin- der any lawful executor or executors, administrator or administrators, to expose to sale by way of public auction, vendue or otherwise, any lands, tenements, goods or chattels of their respective testators or intestates or to hinder any sheriff, constable, lieutenant or sub-lieu- tenant or other officer to sell and dispose of by way of * vendue any lands, tenements, goods or chattels taken in execution and liable to be sold by order of law, or to hinder any person or persons from selling or exposing to sale by way of vendue any goods or chattels of any kind whatsoever taken and distrained for rent in arrear, but that all and every [such] person or persons may do therein as they might have done, any [prohibition] in this or any former law contained to the contrary notwithstand- ing. (Section V, P. L.) And whereas the crime of horse steal- ing is become so. frequent in this and the neighboring states as to render every precaution and remedy neces- sary and proper: [Section V.) (Section VI, P. L.) Be it therefore enacted by the authority aforesaid. That each and every of the said auctioneers shall keep a register of the horses, mares [or] geldings by them respectively exposed to sale, in their respective offices, wherein shall, before sale, be inserted the color, size and principal marks, natural and artificial, of every horse, mare or gelding by him exposed to sale, and the age, as the intended vendor shall declare it, the name or names of the persons offering the same for sale, and after the sale the name of the person to whom the same is sold, which said register is hereby declared to be so far a public record as that every person shall be entitled to a view thereof and a copy, if demanded, "i^SS KEVOLUTIONABY LEGISLATION. paying for such inspection the sum of two dollars and for such copy the sum of six dollars, and shall be read in evidence on any trial respecting the property of such horse, mare or gelding. [Section VI.] (Section VII, P. L.) And be it further enacted by the authority aforesaid, That no sale of any stolen horse, mare or gelding by virtue of this act shall he deemed a public sale in market overt, so as to change the property thereof. [Section VII.] (Section VIII, P. L.) And be it further^ enacted by the authority aforesaid. That no vendue shall be held by the said auctioneers, or any of them, out of the city or district for which he or they shall be appointed, and that their fees or recompense for selling at public auction, collecting the money and paying over the same without loss or waste shall be as follows: For household goods, cattle and live stock, five per centum; for horses, two and a half per centum; for ships, houses and lands an half per centum; for rum, sugar, tea, coffee and all other groceries, two and a half per centum; for Euro- pean and American manufactures, in such lots or pro- portions as are usually sold in wholesale stores, five per centum. Passed September 23, 1780. See the note to the Act of Assembly passed November 26, 1779, Chapter 870; and the Acts of Assembly passed April 13, 1782, Chapter 975; December 9, 1783, Chapter 1063. Recorded L. B. No. 1, p. 402, &c. [10 Stats. 243.] CHAPTER CMXXII. AN ACT TO PERMIT THE EXPORTATION OP FLOUR OP WHEAT PROM THIS STATE BY SEA UNDER CERTAIN LIMITATIONS AND RESTRIC- TIONS.' (Section I, P. L.) Whereas prohibitions on the expor- tation of provisions must ever be injurious to this country except in years of scarcity, and as this cause of the late embargoes is in 'some measure removed by the greater plenty wherewith it hath pleased Providence to bless the land, and as the abihty of this state to furnish its quota of supplies for carrying on a just and necessary war depends materially on the freedom of trade: And whereas, by an act of assembly passed on the twenty-eighth day of February last, entitled "An act ' Passed February 28, 1780, Chapter 876. LAWS OF PENNSYLVANIA, 1780. 799 for laying an embargo on the exportation of provisions from this state by sea for a limited time," ' the exporta- tion from this state by sea of all provisions for the food of man, was, from and after the publication thereof until the first day of September following, forbidden under the penalties and forfeitures in the said act provided and contained : And whereas, the said act having expired by its own limitation was, by another act of assembly, passed on the twenty-second day of September last, revived and continued for and during the terra of six months and from thence to the end of the next sitting of the general assembly: [Section I.] (Section II, P. L.) Be it therefore enacted and it is hereby enacted by the Kepresentatives of the Freemen of the Commonwealth of Pennsylvania in Gen- eral Assembly met, and by the authority of the same. That it shall and may be lawful, during the continuance of the said embargo, the said-recited acts notwithstand- ing, to lade and export by sea, out of this state, flour of wheat, the same being first inspected and found to be good and merchantable and packed according to law, in the manner and upon the conditions and under the regu- lations hereinafter provided and set forth, and not other- wise. That is to say: In every ship or other vessel, truly and bona fide armed, fitted and provided with six or more carriage guns and suitable ammunition for the same, each of the said guns to be of such caliber as to be capable of discharging an iron baU weighing at least three pounds avoirdupois, and the said vessel to be manned with twenty seamen and other persons of the age of eighteen years or more each, for and during the intended voyage, who shall be actually hired and employed for the defense and service of such vessel, any quantity of such flour not exceeding four hundred hundreds weight of one hundred and twelve pounds to the hundred. In every ship or other vessel truly and bona fide fitted and provided with ten or more carriage guns nd suitable ammunition for the same, each of the said carriage guns to be of such caliber as to be capable of receiving and discharging an iron ball weighing at least four pounds avoirdupois, the said vessel to be manned with thirty seamen and other persons of the age of eighteen years or more, actually hired and employed for the defense and service of such vessel, for and during the intended voy- 800 REVOLXJUONAEY LEGISLATION. age, any quantity of such flour not exceeding one thou- sand hundreds weight as aforesaid. In every ship and other vessel truly and bona fide armed, fitted and pro- vided with fourteen or more carriage guns and suitable ammunition for the same, each of the said guns to be of such cali er as to be capable of receiving and discharging an iron baU weighing at least four pounds avoirdupois, the said vessel to be manned with not less than forty sea- men and other persons of the age of eighteen years or more, actually hired and employed in the defense and service of such vessel, for and during the intended voyage, any quantity of flour that such vessel can reasonably lade and carry. [Section II.] (Section III, P. L.) And be it further enacted by the authority aforesaid. That no flour designed for exportation in pursuance of this act shall be laden on board of any ship or vessel before the master of such ship or vessel shall deliver to the naval officer of the port of Philadelphia a memorial in writing, therein expressing and setting forth such design, the name and kind of vessel, her size [or] tonnage, the name and names of the owner or owners, and the place of their several abodes, the niimber and size of the carriage gims with which such vessel is or is intended to be armed and fitted, and the number of seamen and others as aforesaid that he will hire and employ during the intended voyage, together with the quantity of flour he is desirous to lade, and requesting the said naval officer to grant his permit for the lading thereof; in which said memorial whatever respects num- ber shall be expressed in words at length, and not in figures; whereupon, the said naval ofiicer having first taken a bond to the commonwealth from the said master and two sufficient resident sureties, each obfigee boimd severally as well as jointly, for at least double the value of such flour designed to be shipped as aforesaid, con- ditioned for the true and faithful comphance of said mas- ter and the owners of such vessel, with the several requi- sites, regulations and hmitations of this act, the said naval officer shaU grant a permit for the lading of such quan- tity of flour as is in such case allowed by this act. (Section IV, P. L.) Provided always. That no permit shall be available for lading of any flour in pursuance of this act unless the same shall be shipped in the proper vessel and within forty days after the date of such per- mit, nor imless such lading be in the day time and at LAWS OP PENNSYLVANIA, ITSO. 801 some unenclosed wharf within the city of Philadelphia. Provided also, That no suit shall be brought on any bond taken as aforesaid unless within two years after the date. [Section III.] (Section V, P. L.) And be it further enacted by the authority aforesaid, That in any suit which may be brought on any bond taken as aforesaid by the naval officer, the burden of the proof shall lie upon the obligees or obhgee, defendants or defendant in such suit and not upon the state; and it shall be sufficient on the part of the commonwealth, in order to recover in such action to allege any proper matter for that purpose without proving the same. (Section VI, P. L.) And whereas, it is the intent and meaning of the legislature that the shipping of flour in pursuance of this act shall not distress the public service or intercept proper supplies- for the army; and it is reasonable that those who partake of the advantages herein given should make some recompense for the same: [Section IV.] (Section VII, P. L.) Be it therefore enacted by the authority aforesaid, That before any ship or vessel on which any flour shall be laden in pur- suance of this act, shall be cleared out the master of such ship or vessel shall produce to the said naval officer a certificate, to be filed by the said naval officer, from the proper [officer] to be appointed by the president and council for that purpose, acknowledging the receipt, or, in case the same shall not be accepted, the tender of a quantity of good merchantable flour of wheat for the use of the public equal to one-third part [of] the quantity of flour laden in such vessel, the same to be paid for at the market price, at the time of delivery. Provided, That the supreme executive council shall be and hereby is vested with power to take off the flrst above-mentioned restriction when it appear* to them that the quota of flour desired by Congress of this state is provided or for other reasons by them deemed sufficient. [Section V.] (Section VIII, P. L.) Provided also, and be it further enacted by the authority aforesaid, That nothing in this act shall be construed to discharge the master of any ship or other vessel lading flour in pursu- ance of this act from exhibiting and deUvering to the said naval officer a fair and true manifest of the lading of such ship or other vessel, or from attesting to the same, or from giving bond for the due lading thereof or any other 37639°— 18 51 802 BEVOLUTIONARY LEGISLATION. requisite of the act of assembly, entitled "An act for the regulation of navigation and trade in this state,"' passed on the tenth day of September, one thousand seven hundred and seventy-eight. [Section VI.] And it is hereby further enacted, That if such master shall neglect to perform the said requisites, such neglect shall be a forfeiture of the bond taken from him and his sureties before he was permitted to lade flour in pursuf*ce of this act. [Section VII.] (Section IX, P. L.) And be it further enacted by the authority aforesaid, That the fines, pen- alties and forfeitures provided for offenses against this act and the act first herein recited for laying an embargo and reviving and continuing the same, shall be imposed and levied on all persons and ships and their lading, this act notwithstanding, unless it shall be made appear to the satisfaction of the court and jury that the conditions, regulations and limitations of this act have been fully complied with. [Section VIII.] Lastly, it is declared that nothing in this act is intended to restrain or hmit the power given by the constitution to the president and coimcil to lay embargoes whenever they think proper. Passed December 22, 1780. See the note to the Act of Assembly passed February 28, 1780, Chapter 876; and the Acts of Assembly passed February 27, 1781, Chapter 928; June 7, 1781, Chapter 943. Recorded L. B. No. 1, p. 407, &c. [10 Stats. 266.] CHAPTER CMXXVIII. AN ACT TO REPEAL THE ACT ENTITLED "aN ACT TO REVIVE AND CONTINUE FOR ATURTHBR LIMITED TIME THE ACT FOR LAYING AN EMBARGO ON THE EXPORTATIONS OF PROVISIONS FROM THIS STATE BY SEA FOR A LIMITED TIME,"'' AND ALSO CERTAIN PARTS OF AN ACT ENTITLED "aN ACT TO PERMIT THE EXPORTATION OF FLOUR OP WHEAT PROM THIS STATE, BY SEA UNDER CERTAIN LIMITATIONS AND RESTRICTIONS.'" (Section I, P. L.) Whereas, it has been found by experi- ence that prohibitions on the exportation of the com- modities of this country have tended greatly to the impoverishment thereof without producing any adequate benefit to the community: 1 Passed September 10, 1778, Chapter 813. 'Passed September 22, 1780, Cbapter 917. ■ FassedJ)ecembei 22, 1780, Chapter 922. LAWS OF PENNSYLVANIA, 1781. 803 [Section I.] (Section II, P. L.) Be it therefore enacted and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in General Assembly met, and by the authority of the same. That the act, entitled "An act to revive and continue for a further limited time the act for laying an embargo on the exportation of provisions from this state by sea for a limited time,"' passed on the twenty-second day of September last, be and the same is hereby repealed. (Section III, P. L.) And whereas, the hmitations and restrictions contained in the act, entitled "An act to permit the exportation of flour of wheat from this state by sea under certain limitations and restrictions,"^ have been productive of mischievous consequences to this state and cannot be attended with the advantages ex- pected by the legislature by reason of the lull liberty given to commerce in a neighboring state: [Section II.] (Section IV, P. L.) Be it therefore enacted by the authority aforesaid. That the said last mentioned act and every clause, proviso and thing therein contained, except the permission to export the flour therein mentioned, be and the same is hereby repealed, excepting also the clause obliging all persons shipping flour of wheat to offer or tender a quantity equal to one-third [part] of the quantity to be shipped unto the proper officer appointed by the president and council for that purpose as is more fully and particularly expressed in the seventh section of the said act. Passed February 27, 1781. See the Act of Assembly passed June 7, 1781, Chapter 943. Eecorded L. B. No. 1, p. 415, etc. [10 Stats. 288.] CHAPTER CMXXXVI. AN ACT TO PREVENT THE EXPORTATION OF BREAD AND FLOUR NOT MERCHANTABLE, AND FOR REPEALING AT A CERTAIN TIME ALL THE LAWS HERETOFORE MABB FOR THAT PURPOSE. (Section I, P. L.) Whereas, the regulations hitherto made for the inspection of bread and flour have not been quite effectual and a variety of laws on the same subject tend to mislead the people: [Section I.] (Section II, P. L.) Be it therefore enacted and it is hereby enacted by the Representatives of the 1 Passed September 22, 1780, Cbapter 917. • Passed December 22, 1780, Chapter 922. 804 EEVOLUTIOlirAEY LEGISLATION. Freemen of the Commonwealth of Pennsylvania in General Assembly met, and by the authority of the same, That the act, entitled "An act to prevent the exporta- tion of bread and flour not merchantable," ' passed the fourteenth day of October, one thousand seven hundred and thirty-three (excepting that part of it which repeals the act therein mentioned and called an act to prevent the exportation of bread and flour not merchantable), and the act, entitled "A supplement to the act, entitled 'An act to prevent the exportation of bread and flour not merchantable, and to the act which is an amendment thereof,'" ^ passed on the sixth [sicj [ninthj day of Octo- ber, one thousand seven hundred and seventy-nine, be and continue in force until the first day of October next, and that from and after that day the same acts be and the same are hereby repealed. (Section III, P. L.) Provided always, ITiat the millers and bolters shall be allowed until the first day of October next to sell and dispose of, for exportation, their flour in barrels of any other dimensions than those by the said acts, or any of them, prescribed. (Section IV, P. L.) And whereas, it is the duty and interasts of all governments to prevent fraud and promote the interests of just and useful commerce: [Section II.] (Section V, P. L.) Be it therefore further enacted by the authority aforesaid. That from and after the said first day of October next all flour casks shall be made of good seasoned materials, well made and tightened with ten hoops, sufficiently nailed with four nails in each chine hoop and three nails in each upper bilge hoop, and of the following dimensions, viz. : The staves to be of the length of twenty-seven inches, but of different diameters at the heads according to their num- bers. That is to say, casks, number one, shall be of the di- ameter of eighteen inches at the head; casks number two, sixteen inches and a half, and casks number three, fifteen inches and a half; that every miller or bolter of flour and baker of bread for transportation out of the state shall pro- vide and have a distinguishable brand mark, which he shall cause to be entered with the clerk of the quarter sessions of the county where he doth reside, together with his name and place of abode, under the penalty of the sum of five shillings for every day during which he shall have ' Passed October 17, 1733, Chapter 332. 'Passed October 9, 1779, Chapter 855. LAWS OF PENNSYLVAKIA, 1781. 805 exercised his said, business of a miller, bolter or baker without such entry; for the making of which entires the said clerk shall be entitled to the sum of one shilling each. And that every miller or bolter of flour or baker of bread shall, with his said mark, brand each and every cask of flour or bread before the same shall be removed from the place where the same was bolted or baked; and every miller or bolter shall also brand every cask of flour according to the respective diameters above specified with the said numbers one, two or three, and with the weight, respectively, under the penalty of one shilling and six pence for every barrel of flour not hooped and nailed as aforesaid, and for every cask of flour or bread so removed and not branded as aforesaid. [Section III.] (Section V, P. L.) And be it further enacted by the authority aforesaid, That the said millers or bolters shall put in the cask number one, the full quantity or weight of two hundred and twenty-four pounds of flour; in the cask number two, the full quai>. tity or weight of one hundred and ninety-six pounds, and in the casks number three, the full quantity or weight of one himdred and sixty-eight pounds of flour; and that if any miller or bolter shall use or pack with flour any other casks than [those] of three several sizes and dimensions aforesaid, he shall forfeit to the purchaser thereof the value or charge of such cask in his account; and that if any miller or bolter shall pack any casks of the said sizes or dimensions with a less quantity of flour than is above specified for the same, respectively, he shall forfeit the same casks and flour. [Section IV.] (Section VI, P. L.) And be it further enacted by the authority aforesaid. That aU wheat flour bolted for sale and transportation out of the state shall be made merchantable and of due fineness without any mixture of coarser and other flour. [Section V.] (Section VII, P. L.) And be it further enacted by the authority aforesaid, That all casks wherein bread shall be packed, shall be weighed and the tare marked thereon, and if any person shall put a false or wrong tare on any cask of bread to the disadvantage of the purchaser, he or she shall forfeit for every cask so falsely tared the sum of five shillings; and the inspec- tors, or their deputies, respectively, upon suspicion or upon the request of the buyers, shall and are hereby required to unpack any such cask of flour or bread aa 806 REVOLUTTONAEY LEGISLATION. aforesaid; and if there shall be a lesser quantity of flour than is above directed, or if the cask or casks wherein bread is packed shall be found to weigh more than is marked thereon, then the miller, bolter or baker, as the case may be, shall pay the charges of unpacking and re- packuig over and above the penalties aforesaid; but, otherwise, the said charges shall be paid by the inspector or by the purchaser if the trial be made at his request. [Section VI.] (Section VIII, P. L.) And be it enacted be the authority aforesaid. That every baker of bread for exportation, shall deliver with the said bread an invoice of the contents thereof, with his brand mark made thereon, together with his name signed thereto, under the penalty of forty shillings for every invoice dehvered contrary thereto; and if any cask or casks of bread, upon trial, be found lighter than is set down in the invoice, such baker shall forfeit the bread and casks so falsely invoiced. [Section VII.] (Section IX, P. L.) And be it enacted by the authority aforesaid. That no cart, wain or wagon shall be made use of for the carrying or conveying of flour or bread from any null or other place to the place of exportation or to any landing place but such as shall be provided with a good and sufficient covering; and that no flour shall be left at any landing or other place in order to be transported, except the same be put in a store or shelter sufficient to keep it dry, and that no flour or bread shall be carried or conveyed by water from any miU or landing place to the place of exportation in any open boat, flat or shallop without a good and sufiicient covering or tarpauling to secure the same in case of rain. [Section VIII.] (Section X, P. L.) Aid be it enacted by the authority aforesaid. That if the owner or pos- sessor of any cart, wain or wagon, boat, flat or shallop shall cause or suffer any flour or bread to be wet or take damage for want of due care, or not being provided as aforesaid in the moving, carrying or transporting the same from any mill or other place to the place of expor- tation, every such person shall forfeit, for every cask of flour or bread so damaged, the sum of one shiUing. [Section IX.] (Section XI, P. L.) And be it enacted by the authority aforesaid, That no merchant or other person whatsoever shall lade or ship any flour for trans- portation out of this state before he, she or they shall LAWS OP PENNSYLVANIA, VtSi. 807 offer the same to the view and examination of the inspector of the port from whence the same is shipped, or intended to be shipped, or his deputy, under the penalty of five shillings for every cask. And the said inspector or deputy shall search and try the same by boring the head and piercing it through with a proper instrument, in order to prove whether it be honestly and well packed, as also to enable him to judge of the goodness thereof, and shall afterwards plug up the hole. And if the said inspector shall judge the .same to be merchantable, he shall brand every such cask of flour, on the quarter, with the arms of the state of Penn- sylvania, in a fair and distinguishable manner, for which he shall receive one penny for each cask, and no more. But if he shall judge such flour not to be mer- chantable, and the possessor or owner thereof shall acquiesce under such judgment, he shall, in such case, pay to the said inspector the said sum of one penny for each and every such cask, and on his refusal or neglect, the inspector may recover the same, as debts under forty shillings are recoverable, with costs of suit; and if the possessor of any flour shall offer to transport the same out of this state, without being approved and branded in the manner hereinbefore mentioned the same flour shall be forfeited. [Section X.] (Section XII, P. L.) And be it further enacted by the authority aforesaid, That where any dis- pute shall arise between any of the said inspectors or their deputies with the owner or possessor, concerning the fineness or goodness of such flour of the goodness of the materials of which the casks are made, then, upon application made by the owner or possessor of such flour, to one of the magistrates of the city or county where the dispute shaU arise* the said magistrate shall issue his warrant to three indifferent and judicious persons to be triers thereof (one of them to be named by the said owner or possessor, one by the said inspector or his deputy and the third by the said magistrate), directing the said triers to view and examine the said flour and make report to him forthwith touching the condition thereof, an^ that if they shaU find the said flour not merchantable, that they certify to him the cause thereof, and whether it be that the said flour wants due fineness, is musty, sour or the hke; and if sour, whether such sourness is occasioned by the greenness of the timber 808 REVOLUTIONAEY LEGISLATION. whereof the casks are made, or by being brought in any open boat or shallop, or upon the deck of any other vessel without a tarpaulin or cover, or for any other and what cause, and the said magistrate shaU thereupon give his judgment agreeable to the report of the said triers, or any two of them ; and in case the said magistrate shall, on such report, adjudge the said flour not to be merchantable, he shall award the owner or possessor thereof to pay into the hands of the said inspector one shilling for each and every such cask so adjudged to be unmerchantable, besides reasonable costs; but in case the said flour shall be found merchantable, the inspector shall be adjudged to pay all the costs which shall have accrued, and the said officer shall thereupon brand the said flour in the manner before directed And if it shall appear, either by the report aforesaid or otherwise, that any flour is become unmerchantable by fault of the miller, bolter or shallopman, flatman, carter or wagoner in every such case the owner of such flour shall recover against the said miUer, bolter, shallopman, flat- man, carter or wagoner, by defaiilt of whom or of whose servant or servants such flour shall have been injured, the damages which such owner shall have sustained, with full costs of suit. [Section XI.] (Section XIII, P. L.) And be it further enacted by the authority aforesaid, That the masters of ships and other vessels lading flour for exportation from this state shall, in their manifests, which in pursuance of the act, entitled "An act for regulating trade and navi- gation in this state,'' ' they are obliged to exhibit and dehver to the naval officer thereof, expressly and dis- tinctly declare how many barrels of flour are shipped on board of their respective vessels, and by whom each parcel thereof is shipped, to which manifest or declara- tion the inspector aforesaid shall have free access and liberty to take abstracts thereof, and if any master of a vessel shall refuse or neglect to make such return to the naval officer as aforesaid, he shall, over and above the penalty in the said last named act mentioned, for- feit to the said inspector the amount of his fees for try- ing and examining the whole cargo of flour shipped on board of his vessel. [Section XII.] (Section XIV, P. L.) And be it further enacted by the authority aforesaid. That the said in- 'Passed September 10, 1778, Chapter 815. LAWS OP PENNSYLVANIA, 1781. 809 spector, or his deputies, shall have full power and author- ity by virtue of this act, and without any further or other warrant, to enter on board any ship or other vessel whatsoever lying or being in any port or place of this state, or into any mill store or granary within the same, to search for and discover any flour intended to be trans- ported out of this state, and if the owner or possessor thereof, or their servants or others shall deny him or them entrance or if the said inspector or his deputies shall be in anywise molested in making such discovery as aforesaid, or if such owner or possessor shall refuse to pei-mit the said inspector or his deputy to view or examine the same, every such person so offending shall forfeit and pay the sum of ten pounds for every such offense. [Section XIII.] (Section XV, P. L.) And be it further enacted by the authority aforesaid, That if any person or persons shall counterfeit the aforesaid brand marks, or either of them, or impress or brand the same on any cask of flour, he, she or they, being thereof legally con- victed, shall, for the first offense, forfeit and pay the sum of five pounds; for the second offense, the sum of ten pounds: and for the third offense shall be committed to gaol and sentenced to the pillory, there to stand the space of two hours on a market day in any city, borough or town where the fact shall have been committed. [Section XIV. J (Section XVI, P. L.) And be it further enacted by the authority aforesaid, That none of the said inspectors or their deputies shall, directly or indirectly, vend, barter, sell, exchange or trade in flour uflder the penalty of fifty pounds, to be recovered by action of debt, bill, plaint or information, by any person who will sue for the same to effect in any court of record in this state, the one-half thereof to the use of the person or persons so suing, the other half to be paid to the treasurer of the state for the pubUc use. And every person or persons so offending and thereof convicted shall be and they are hereby disabled from acting thereafter in their respec- tive offices. [Section XV.] (Section XVII, P. L.) And be it further enacted by the authority aforesaid. That the said in- spectors be empowered to appoint deputies under them, but before any inspector or deputy shall do anything in his said office he shall take an oath or affirmation before any one justice of the peace of any county of this state, 810 EEVOLUTIOKAEY LEGlSLATlOlT. faithfully and impartially to perform his trust and duty t Passed April S, 1781, Chapter 936. 816 REVOLUTIONARY LEGISLATION. (Section III, P. L.) And whereas the penalty of five shillings per day on bolters, millers and bakers, for not entering their respective brands with the clerk of the quar- ter sessions in the counties where they reside, is con- sidered as exorbitant and severe: [Section 11.] Be it therefore enacted by_ the authority aforesaid. That the said penalty shall be thirty shillings for every such neglect, to be recovered as a debt under forty shillings, by any person that will sue for the same, on proof made that the said bolter, miller or baker has exercised his [said] employment in manufacturing flour or bread for exportation, for one month, without having made such entry. (Section IV, P. L.) And whereas the forfeiture of the casks and their contents, in case of deficiency of weight, is considered as too severe, since accidental deficiencies may happen, where no fraud was intended: [Section III.] Be it therefore enacted by the authority aforesaid. That in all cases where casks of flour are found deficient in weight upon trial and examination, agreeable to the direction of the act aforesaid, the person so offering such deficient cask or casks shall forfeit, for every pound so wanting in weight, the sum of nine pence to be paid into the hands of said inspector. (Section V, P. L.) And whereas, it has been found impracticable to brand all the casks of flour and bread oftered for exportation with the arms of this state, agreeable to the directions contained in said act: [Section IV.] Be it enacted by the authority aforesaid, That the said inspector shall stamp the said casks and the p'ugs (put into the holes made by the said inspector) with the letters S. P. And aU casks with counterfeited stamps, as well as casks, the contents of which may have been changed after inspection, shall be Uable to seizure and forfeiture, if offered for transportation out of this state. (Section VI, P. L.) And whereas, doubts have arisen whether middlings can be exported out of ' this state under the aforesaid law: [Section V.] Be it therefore enacted by the authority aforesaid, That it shall and may be lawful to export middhngs; but every cask of middlings exported or offered for exportation shall, besides and exclusive of the miller's common brands, be branded by the miller with the LAWS OF PENNSYLVANIA, 1782. 817 word MIDDLINGS at length, or be liable to seizure- and forfeiture. [Section VI.] (Section VII, P. L.) And be it further enacted by the authority aforesaid, That all fines and penalties herein mentioned shall be recovered and apphed in manner and form as is directed by this act, and the act to which this is a supplement. [Section VII.] (Section VIII, P L.) And be it further enacted by the authority aforesaid, That so much of the fifth section of the above-recited act as imposes a fine of five shilUngs per day on bolters and millers for the neglect therein mentioned, and the clause of forfeiture mentioned in the sixth section, and that part of the eleventh section which enjoins the branding casks with the arms of the state shall be and they hereby are altered and repealed. Passed December 28, 1781. See the note to the Act of Assembly passed April 5, 1781, Chapter 934. [10 Stats. 468.] CHAPTER CMLXXV. A STTPPLEMBNT TO AN ACT, ENTITLED "an ACT TO ALTER AND AMEND AN ACT, ENTITLED 'AN ACT FOR THE EFFECTUAL SUPPRESSION OF PUBLIC AUCTIONS AND VENDUES, AND TO PROHIBIT MALE PERSONS, CAPABLE OF BEARING ARMS, FROM BEING HAWKERS AND PEDLERS.'" ' (Section I, P. L.) Whereas the commissions or recom- pense allowed to the auctioneers for the city of Phila- delphia, the Northern Liberties and the district of South- wark, respectively, for the services by them performed, by virtue of the act of assembly, entitled "An act to alter and amend an act, entitled 'An act for the effec- tual suppression of public auctions and vendues and to prohibit male persons capable of bearing arms from being hawkers and peddlers,'" ^ passed the twenty-third day of September, in the year one thousand seven hundred and eighty, have been remonstrated against by the merchants, traders and others residing within the said city, liberties and district, and are deemed more than adequate or necessary. And whereas, the exigencies of government require immediate additional funds for the support thereof: ' Passed September 2,1, 1780, Chapter 919. 37639°— 18 52 818 REVOLUTIONARY LEGISLATION. [Section I.] (Section II, P. L.) Be it therefore enacted by the Representatives of the Freemen of the Comnaon- wealth of Pennsylvania in General Assembly met, and by the authority of the same, That the auctioneers of the city of Philadelphia, the Northern Liberties and the district of Southwark, respectively, may and shall, from and after the passing of this act, have and receive for their expenses and trouble in selling any property at public auction, collecting the money and paying over the same without loss, the following allowance or reward and no more, That is to say: For houses, lands, tenements or real estates, and for ships or vessels, an half per centum; for wine, rum, sugar, coffee, tea and all other groceries, sold by the pipe, hogshead, tierce, barrel, bag, chest or box, one and a quarter per centum; and for horses, cattle and all other goods, wares and merchandises not before enumerated or sold in smaller quantities than before mentioned, two and an half per centum. Provided always. That any person or persons may contract and agree with any of the said auctioneers to pay them for their services in the premises any less reward which they may be willing to accept. [Section II.] (Section III, P. L.) And be it further enacted by the authority aforesaid. That every of the said auctioneers, from and after the passing of this act, is hereby authorized, empowered and required to demand and receive, over and above the sum mentioned in the aforesaid act, to which this is a supplement, an addi- tional one per centum of the gross amount of the sales by him made in pursuance of the said act, for the use of this commonwealth, except for ships or vessels, houses and lots, and shall account for and pay over the same to the state treasurer within the time and in the manner di- rected with respect to the one per centum imposed by the said act, under the penalty in the said act mentioned. [Section III.] (Section IV, P. L.), And be it further enacted by the authority aforesaid, That the several bonds given by the said auctioneers to the president for the faithful performance of the duties of them required by the aforesaid act shall be a security for the payment of the one per centum imposed by this act. [Section IV.] (Section V, P. L.) And be it further en- acted by the authority aforesaid, That the revenue arising from the sales by auction in the city of Philadel- phia, the Northern Liberties and the district of South- LAWS OF RHODE ISLAND, 1'776. 819 wark, from and after the passing of this act, shall be and the same is hereby appropriated to the support of govern- ment and the administration of justice within this commonwealth. Passed April 13, 1782. Recorded L. B. No. 1, p. 521, etc. See the note to the Act of Assembly passed September 23, 1780, Chapter 917, and the Act of Assembly passed December 7, 1783, Chapter 1063. LAWS OF RHODE ISLAND. (Printed from "Laws Oi Rhode Island, Fareimile Eoprint," Jan. 1776 to Dec. 1778, Fob. 1777 to Dec. 1777, Feb. 1778 to Deo. 1778, Jan. 1779 to Dec. 1779, Feb. 17S0 to Nov. 1780, Jan. 1781 to Dec. 17831. PASSED AT JANUARY SESSION, 1776. [P. 237.] It is Voted and Resolved, That in case any Body oro^»^"*„"[i'S,l Detachment of the Continental Troops shall march into ^"o^j^'toi^pf^^ this Colony, the Commanding Officer thereof be and he^j^s""^ horses is hereby empowered to impress horses, cattle, carts and waggons, sufficient for the transportation of the Provi- sions, Baggage and Ammunicion of such Body or Detach- ment, to such Places within the Colony as the Service shall require. [P. 246.] An ACT for encouraging the Majiufactures of Salt-Petre and Gun- Powder. BE it Enacted hy this General Assembly, and hy the Au- ao^nai" the thority thereof it is Enacted, That there shall be given and IStp^t *e"^and paid out of the Colony-Treasury a Premium or Bounty of oun-Powder. Ten Pounds for every Hundred Pounds Weight of good and merchantable Salt Petre or Nitre, that hath been made or manufactured in this Colony since the First Day oPSeptemher last past, or that shall be made or manufac- tured therein before the First Day of January, One Thou- sand Seven Hundred and Seventy-seven, and so in Pro- portion for a greater or less Quantity. Provided always, That in case any Proprietor of Salt-Petre Works, or Manufacturer of Salt-Petre, shall, upon Apphcation and Request made to him by any Person or Pereons, neglect, or refuse to communicate a full Account of the Materials out of which, and the Process by which, such Salt-Petre or Nitre is made, such Proprietor or Manufacturer shall not be entitled to have or receive the aforesaid Bounty or 820 BEVOLXJTIONAEY LEGISLATION. Premium for any Salt-Petre or Nitre he shall make, any thing herein contained notwithstanding. AND he it further Enacted by the Authority aforesaid, That a suitable Nmnber of Inspectors of Salt-Petre or Nitre be appointed by this General Assembly; and that the Claimants of the Premiiim or Bounty given by this or any former Act for the Manufacture of Salt- Petre or Nitre, shall procure the Salt-Petre or Nitre by them made to be examined by one or more of said Inspectors, and shall also make Oath before such In- spector that such Salt-Petre or Nitre was made and manufactured in this Colony, out of Materials collected therein by him or them, or for his or their Account, and that no other Certificate hath been had or given for the same ; which Oath such Inspector is hereby enabled to administer: And that thereupon said Inspector shall give to the Claimant or Claimants a Certificate of the Quantity and Quality of such Salt-Petre or Nitre, and that Proof hath been made as aforesaid that the same was manu- factured in this Colony, by such Claimant or Claimants, and draw an Order on the Colony-Treasury, to pay such Claimant or Claimants the Amount of the aforesaid Bounty or Premium on such Nitre or Salt-Petre out of the Colony- Treasury, and charge the same to the Colony's Accoimt, who shall accept and pay such Order accordingly. AND be it further Enacted by the Authority aforesaid, That every Town in this Colony in which Salt-Petre or Nitre Works are not or shall not be erected, and the Manufacture of Salt-Petre is not or shall not be carried on by some private Person or Persons, shall be and hereby are enjoined as soon as may be to erect one Set of such Works, and carry on the Manufacture of Nitre or Salt- Petre in the same; and that it shall be the Duty of the Town-Council of each Town in this Colony,. and they are hereby authorized and enjoined, at the Expence and for the Benefit of said Town, to cause such Works to be erected, and said Manufacture to be carried on in the same accordingly. Be it also further Enacted by the Authority aforesaid, That no Salt-Petre, Nitre or Gun-Powder, made and manufactured, or that shaU be made or manufactured in this Colony, shaU be exported out of the same by Land or Water, without the Licence of the General Assem- bly, or his Honor the Governor and Committee of Safety, \mder the Penalty of Twenty Pounds for every Hundred LAWS OF KHODE ISLAND, 1776. 821 Weight of such Salt-Petre, Nitre or Gun-Powder, and proportionably for a greater or less Quantity so without Licence exported, to be recovered by Bill, Plaint or Information, in any Court of Record in this Colony by Law proper to take Cognizance thereof. And whereas it is necessary that one Powder-Mill be immediately erected in this Colony, for manufac- turing Gun-Powder, Be it further Enacted iy the Autho- rity aforesaid, That a Bounty or Premium of Thirty Pounds shall be paid out of the Colony-Treasury to the Person or Persons who shall erect a Powder-Mill in this Colony, and shall make and manufacture therein Five Hundred Poimds Weight of good and merchantable Gun-Powder. And whereas it is expedient that such Powder-Mill should be so situated as to accommodate the public in the best Manner, Be it therefore further Enacted iy tlie Authority aforesaid, That no Powder-Mill shall be erected in this Colony, for the Manufacture of Gim-Powder, with- out the Licence of the General Assembly, or in their Recess of the General Committee appointed to act during the Recess of the General Assembly, first had and obtained, under the Penalty of Thirty Pounds for every such OflFence, to be recovered in Manner as the aforesaid Penalty in this Act is above directed. AND it is further Enacted hy the Authority aforesaid. That the Inspector or Inspectors who shall inspect and give a Certificate for any Quantity of Salt-Petre as before directed, shall purchase and receive such Salt- Petre, for the Colony's Use and Benefit, and give his or their Receipt therefor to the Claimant or Claimants, who shall be paid therefor out of the Colony-Treasury, at the Rate of Four Shillings and Four pence for every Poimd Weight of Salt-Petre or Nitre so made as afore- said, exclusive of the said Boimty so to be given as aforesaid. AND he it further Enacted hy the Authority aforesaid, That the following Persons be and they are hereby appointed Inspectors of Nitre or Salt-Petre in this Colony, to wit: His Honor the Governor, Metcalf Bmvler, Joslma Bahcock, Jahez Bowen, Hezekiah Usher, Nicholas Paris TiUinghast, Stephen Wigneron, Andrew Balfour, and Benjamin Slack. AND he it further Enacted hy the Authority aforesaid, That the Act passed by this Assembly at the Session 822 REVOLUTIONARY LEGISLATION. held on the Third Monday in August last, for encouraging the Manufacture of Salt-Petre, be and the same is hereby repealed. AND le it further Enacted iy the Authority aforesaid, That a Copy of this Act be published in the next Newport Mercury and Providence Gazette. PASSED AT MAT SESSION, 1776. [P. 49.] An ACT for granting a Bounty upon Salt manufactured within this Colony. B^ty"S?°lait ■^* *' Enacted hy this General AssemUy, and by the ^th?n'*this"co?-^^*^o^^y thereof it is Enacted, That a Bounty of Three ™y- Shillings Lawful Money be allowed, out of the General- Treasury, for every Bushel of Salt manufactured within this Colony, from the Rising of this Assembly, to the First Day of November next. AND ie it further Enacted, That Messieurs Samuel Fowler, Amos AtweU, John Coddington, William Greene, Joseph Noyes, John Northup, Samuel Seagars, Job Corn- stock, Benjamin Underwood, Joseph Stanton, jun., Nicholas Easton, Shearjashub Bourn, John CooTce, ThoTnas Brownell, Cromel Child, Zuriel Waterman, and Edward Bosworth, be and they or any one of them are hereby appointed to inspect the Salt so made; and if they or either of them shall approve of said Salt, and the Manufacturer thereof, declare under Oath, before any Magistrate or Justice of the Peace, or either of said Inspectors, who are hereby empowered to administer the same, that the Salt so inspected was by them manufactured within this Colony, within said Time, the said Inspector or Inspectors shall give such Manufacturer a Certificate of the Quantity of said Salt so manufactured, and of his or their Approba- tion thereof, which Certificate being produced to the General-Treasurer, the said Manufacturer shall be paid said Bounty, by the General-Treasurer. LAWS or RHODE ISLAND, 1776. 823 PASSED AT DECEMBER SESSION, 1776. [P. 30.] An act to prevent Monopolies and Oppression, by excessive and un- . Actforprevent- , , %, . , , , „ . , ^ . ^">B Monopohes, reasonable Prices for many of the Necessaries ana Convenunces o/and flriag the Life, and for preventing Engrossers, and for the better Supply of ow &".**' Goods, Troops in the Army with such Necessaries as inay be wanted. WHEREAS tlie Committee appointed by the several States of New-England, and now convened at Provi- dence, in the State of Rhode-Island and Providence Plan- tations, for the Purpose of regulating an Army, for sup- porting the Currency, affixing the Prices of Labour, Goods, Wares, Merchandize, &c. have amongst other Things reported as follows, viz. "In Committee, December 31, 1776. "THIS Committee taking into Consideration the un- boimded Avarice of many Persons, by daily adding to the now most intolerably exorbitant Price of every necessary and convenient Article of Life, and also the most extravagant Price of Labour in general, which at this Time of Distress, unless a speedy and effectual Stop be put thereto, will be attended with the most pernicious and fatal Consequences, as it not only dis- heartens and disaffects the Soldiers who have nobly entered into Service for the best of Causes, by obUging them to give such unreasonable Prices for those Things that are absolutely needful for their very Existence, that their Pay is not sufficient to subsist them; but is also very detrimental to the Country in general: Wherefore it is recommended by this Committee, that the Rules and Prices hereafter enumerated be affixed and settled within the respective States in New-England, to wit: " Fanning Labour, in the Summer Season, shall not exceed 3s. 4d. per Day, and so in the usual Proportion at other Seasons of the Year ; and the Labour of Mechan- ics and Tradesmen, and other Labour, to be computed according to the Usages and Customs that have here- tofore been adopted and practised in different Parts of the several States, compared with Farming Labour. " Wheat. Good, merchantable Wheat shall not exceed the Price of 7s. 6d. per Bushel, in any Part of the States of Massachusetts-Bay, New-Hamfshire, and Bh'ode-Island and Providence Plantations; and 6s. per Bushel in any Part of the State of Connecticut. 824 REVOLUTIONARY LEGISLATION. "Rie. Good, merchantable Rie shall not exceed the Price of 4s. 6 d. per Bushel, in any Part of the States of Massachusetts-Bay, New-HampsMre, and Ehode-Island and Providence Plantations; and 3s. 6d. per Bushel in the State of Connecticut. " Indian Com. Good, merchantable Indian Corn shall not, in any Part of the State of Massachusetts-Bay, exceed 3s, 4d. per Bushel; in any Part of the State of Connecticut, 3s. per Bushel; and in the States of New- Hampshire and Rhode-Island and Providence Plantations, 3s. 6d. per Bushel. " Wool. Good, merchantable Sheep's Wool shall not, in any Part of the States of Massechusetts-Bay, Connecti- cut, and Rhode-Island and Providence PlantatioTis, ex- ceed 2s. per lb. nor in any Part of the State of New-Hamp- shire, 2s. 2d. per lb. • "Pork, in any Part of the State of Massachusetts-Bay, •?hall not exceed the following Prices: Swine weighing from 5 to 7 Score, 4d. per lb. from 7 to 10 Score, 4d. J ; all above 10 Score, 4d. J In any Part of the State of Con^ necticut it shall not exceed the following Prices: Swine weighing from 5 to 7 Score, 3d. J; from 7 to 10 Score, 3d. i ; all above 10 Score, 3d. |. In any Part of the State of New- Hampshire, it shall not exceed the following Prices: Swine weighing from 5 to 7 Score, 4d. J; from 7 to 10 Score, 4d. J; all above 10 Score, 5d. In any Part of the State of Rhode-Island and Providence Plantations, it shall not exceed the following Prices: Swine weighing from 5 to 7 Score, 3 d. J per lb. from 7 to 10 Score, 4d. all above 10 Score, 4d. J. "Beef. Grass-fed Beef of the best QuaUty, in any Part of the States of Massachusetts-Bay, New-Hampshire, and Rhode-Island and Providence Plantations, shall not exceed 3d. per lb. and in the State of Connecticut, 24s. per Hundred Weight; and so in that Proportion, in the said several States, for Stall-fed Beef, and likewise Beef of an inferior Quality. " Hides. Raw Hides shall not exceed 3d. per lb. in any of said States. "Salt. Good, merchantable Salt shall not exceed 10s. per Bushel, in any Part of the aforesaid States. "Rum. Good, merchantable West-India Rum shall not exceed 6s. and 8d. per Gallon by the Hogshead, 7s. and 8d. by the single Gallon, and 2s. by the Quart; and so in Proportion for smaller Quantities, according to the 1116. 825 old and accustomed Usages for retailing smaller Quan- tities, in any Part of the said State, save allowing 1 Penny per Gallon for every ten Miles the same may be conveyed by Land-Carriage, from the first Port of De- livery, for the Cost, Charge and Risque, in carrying the same. New-England Rum of the best Quality shall not exceed 3s. lOd. per Gallon by the Hogshead, 4s. per Gallon by the Barrel, 4s. 6d. by the single Gallon, at the Ports and Places where the same shall be first distilled (exclusive of the Cask) and so in like Proportion for smaller Quantities. 1 Penny per Gallon is allowed for every ten Miles the same may be conveyed by Land- Carriage, from the first Place of distilling for the Cost and Risque in carrying the same. "Sugar. Best Muscovado Sugar shall not exceed 543. per Hundred Weight, by the Hogshead, 60s. by the sin- gle Hundred Weight, and 8d. per lb. at the first Port of Delivery in any of said States; and to allow 9d. per Cwt. for every ten Miles Land-Carriage. " Melasses, of the best Quality, shall not exceed 3s. 4d. by the Hogshead, 3s. 8d. by the Barrel, and 4s. by the single Gallon, at the first Port of Eehvery, in any of the said States, allowing Id. per Gallon for every ten Miles Land-Carriage that the same may be conveyed, as afore- said. " Cheese. American manufactured Cheese shall not exceed 6d. per Pound, in any Part of the said States. "Butter. Butter of the best Quality shall not exceed lOd. per Pound, in any Part of said States. "Peas. Peas shall not exceed 8s. per Bushel, in any Part of the said States. "Beans. Beans of the best Quality shall not exceed 6s. per Bushel, in any Part of the said States. "Potatoes, commonly called Spanish Potatoes, of the best Sort, shall not, in the Fall of the Year, exceed Is. 4d. per Bushel, and not at any other Season of the Year exceed 2s. per Bushel, in any Part of the said States. "Stockings. Men's good Yarn Stockings shall not ex- ceed 6s. per Pair, in any of said States; and so in Pro- portion for those of an inferior Quality. "Shoes. Men's neat's Leather Shoes, of the best common Sort, shall not exceed 8s. per Pair, and other Shoes in Proportion, according to their Quality. "Salted Porh. Salted Pork by the Barrel, 220 lb. Weight in each Barrel, shall not, in the States of Massa- 826 REVOLUTIONARY LEGISLATION. chusetts-Bay, and Rhode-Islwnd and Providence Planta- tions, exceed £. 4 12s. in the State of Connecticut, £. 4 4s. and in the State of New-HampsMre, £. 5, lawful Money, per Barrel. " Cotton. Cotton shall not exceed 3s. per Pound, by the Bag, and 3s. 8d. by the single Pound, in any of said States. "Oats. Good Oats shall not exceed 2s. per Bushel in any of said States. " Flax. Good, well dressed merchantable Flax shall not exceed Is. per lb. in the States of Massacliwsetts-Bay , New-HampsMre, and Rhode-Island and Providence Plan- tations; and lOd. per lb. in the State of Connecticut. " Coffee. Good CoflFee shall not exceed Is. 4d. by the single Pound, in any Part of said States. " Tallow. Good, tried Tallow shall not exceed 7d. J per lb. in any of the said States. " Towcloih. Good, Yard-wide Towcloth, in the several States shall not exceed 2s. 3d. per Yard; and other Tow- cloth in like Proportion, according to the Quality. Coarse Linen to be valued after the Rate and in Proportion to Towcloth, making the reasonable Allowances for the same. " Flannels. Good, Yard-wide, striped Flannel shall not exceed 3s. 6d. per Yard, in any of the said States; and other Flannels in Proportion, according to their Widths and Qualities; and other Woolen Cloths in like Proportion. "THIS Committee considering, that Goods in general imported have of late, owing to the unbounded Avarice of some Persons, been sold by Wholesale at the exorbitant Advance of 5 and 600 per Cent, from the prime Cost, and retailed out at the unreasonable Profit of 40 and 50 per Cent, or more, in Addition thereto, which has been the Occasion of great Oppression, especially to the poor Consumer; Do, to correct and rectify such Exorbitances, recommend that, notwithstanding the great Risque of a Voyage to and from Europe, the high Rate of Insurance, the Difficulty of procuring Articles suitable for that Mar- ket, the Loss upon those exported, the increased Expences and Length of the Voyage, and the real Necessity of im- porting many Commodities from thence; the Price of European Goods, which have been or shall be imported, as also all such Goods which have been or shall be brought into any of the said States, in any Prize Vessel, shall not exceed the following Rates, which this Committee is of LAWS OF RHODE ISLAND, 1116. 827 Opinion will allow but a reasonable Profit to the Adven- turer. " Woolen Goods, coarse Linens, BucTc, TicMenburgs, and Ozabrigs, shall not be sold by Wholesale at a higher Rate than in the Proportion of £. 275 Sterling, for what Cost £.100 Sterling in Europe; and not any other Goods, Wares, or Merchandize, imported from thence, or brought into any Port in said States, in any Prize Vessel, shall be sold at Wholesale at a higher Rate than in the Pro- portion of £. 250 Sterling, for what Cost £. 100 Sterling, excepting Warlilce and Military Stores, the Prices of which the Committee is of Opinion ought not to be limited; but the Retailers of such Goods shall not sell them at a higher Advance than 20 per Cent, upon the Wholesale Price. "THIS Committee further recommend, that the sev- eral Legislative Bodies within the said respective States affix and ascertain the Prices of Wood, Hay, Pine Boards, Plank, Joist, Hoops, Shingles, Charcoal, tanned Leather, Cotton and Linen Cloths, Mutton, Veal, and Flour, and also the Rate of Carting, which can be better done in the several States than by this Committee. "IT is further recommended to the respective Legisla- tures aforesaid, to regulate or prohibit Vendues, and other public Sales, in such Manner as not to interfere with, but so as to enforce the several Regulations rec- ommended as aforesaid. "AND it is further recommended to the above- mentioned States, to empower suitable Persons in their respective States to open any Warehouses, Stores, or other Places, where Goods are deposited, which are necessary for the Use of the Army or Navy, and are withheld by Monopolizers, Engrossers, or others; and to take and apply such Goods to the Use aforesaid, paying the Owners thereof at the Rates at which such Goods are hereby valued; and in Case the Goods so taken are not herein rated, at a reasonable Appraisement, to be made by indifferent Persons." WHEREFORE, and upon due Consideration had thereon. Be it Enacted hy this General Assenibly, and, by the Authority thereof, it is Enacted, That the said Report be, and the same is hereby, approved and enacted, so far as the Price of Labour, Produce, Goods, Wares, Merchandize and Manufactures, are therein affixed. 828 BEVOLUTIOlirABY LEGISLATION. AND he it further Enacted, That the following Articles, Dot therein enumerated, shall not exceed the Prices hereto aflBxed, to wit: TurJcies and DunghiU Fowls, 4d4 per lb. Geese, 3d. per lb. lest Mutton, 4d. per lb. lest Veal, 4d. per lb. and other in Proportion to its Quality. Dinners at Taverns for Travellers (not Soldiers) of boiled and roast Meat, with other Articles equivalent, exclusive of Wine, Is. 6d. Suppers and Breakfasts, Is. each. Lodging, 4d. Good, rough-skinn'd Potatoes, 2s. 6p. per Bushel. Walnut Wood, 3s. per Foot. Oak Wood, 2s 6d. per Foot. Charcoal, 4d. per Bushel per Load. Hard Soap, 4d.J per lb. English Hay, in Sea-port Markets for the Use of the Inhabitants or Army, from £. 4 10s. to £. 6. per Ton, according to its Quahty. At other Places, for the Uses aforesaid £. 3 per Ton, with Allowance for carting. Teaming Work. The Teamster finding himself and ~ Cattle, for one Hand, with Cart or Waggon, one Yoke of Oxen, and a good Draught-Horse, or two Yoke of Oxen, 13s. per Day. Teaming to and from Sea-port Markets and for the Army per Ton per Mile, if not more than one Mile, 4s. for every Mile after the first Mile out. Is. 6d. Horse-keeping, at Sea-port Towns per Night, or 24 Hours, 2s. 6d. Horse-shoing, all round, with Steel Corks, Heel and Toe, 6s. Ox-shoing, and other Blacksmith's Work in the same Proportion. Horse-hire, 4d. per Mile. Green Calfskins, 6d. per lb. and tanned and curried Skins in the same Proportion. Tanned Hides, Is. 4d. per lb. Ships Iron- Work. Weight-work at 3d. per lb. and all light Work in the same Proportion, excepting cast Iron. Cotton and lAnen Cloth, middling Quality, Yard-wide, 3s. 8d. -per Yard, and other Quahties and Widths in Proportion. Boards. Clear Eastern Pine, £. 6 per Thousand. Mer- chantable ditto, £. 4 per ditto. Common Country ditto, £. 3 12s. per ditto. Yellow Pine ditto, £. 3 12s. per ditto. Oak. Full Inch Oak Boards, and Joist and Timber, £. 3 per ditto. Hoops. Good Hogshead, £. 4 per ditto. LAWS OF RHODE ISLAND, 1'7'76. 829 Staves. White Oak Hogshead, £. 6 per ditto. Ditto red Oak, £. 3 per ditto. White Oak Barrel, £. 4 per ditto. Ditto red Oak, £. 2 per ditto. Heading, proportioned ki Price to that of Staves. Tobacco. Good, merchantable, well cured Tobacco at 25c. per Cwt. and 4d. per single Pound. Men's Leather Breeches, of the best Sort of Deer's Leather, 42s. per Pair, and Boys and other Leather Breeches at a like Proportion, according to their Quality. Cocoa. Best Cocoa at £. 6 10 s. per Cwt. and Chocolate 2s. per single Pound. HoiLse Carpenters, finding themselves, 5s. per Day. Ship- Carpenters, ditto, 6s. per Day. Caulkers, ditto, 7s. per Day. Masons, ditto, 6s. 6d. per Day. Taylors, making a plain Suit of best Broadcloth Clothes, 24s. and their daily Wages, the Employer finding them, at 3s. per Day. Trucking, Is. 6d. per Hogshead, and other Things in Proportion. Best Beaver Hats, at 42s. Best Felt Hats, at 8s. Coopers, finding themselves, 5s. per Day; setting and finding Hogshead Hoops, 3d. each; setting and finding Barrel Hoops, 2d. each. Barbers, for Shaving, 3d. Stone-Lime, 18s per Hogshead of one Hundred Gallons, delivered at Providence. Milk, rom the first of May to the first of November, at 2d. per Quart, and the other six Months at 3d. per Quart. WHICH Prices are to be considered as the highest Rates at which any of the before-mentioned Articles are to be sold, or bought, or done, in the several Sea-ports or publick Market-Places; and in aU other Places of this State, the said Articles are to be estimated and rated according to the accustomed Usages, in Proportion to the Prices in Sea-ports and Market Places, as aforesaid, unless where particular Mention is made of a Price at other Places. AND be it further Enacted, by the Authority aforesaid. That if any Person shall, at any Vendue or public Sale, for any saleable Article, give or bid at a greater or higher Price than by this Act is hmited, he shall forfeit and pay the Value of said Article, one Half to and for the Use of this State, and the other Half to the Informer, who shall sue for the same, and shall be deemed an Enemy to his Country, and be rendered incapable of sustaining any publick Office. 830 EEVOLUTIONAKY LEGISLATION. AND he it further Enacted, That if any Person shall refuse to sell any of said Goods, Merchandise, &c. at the Prices by this Act limited, to be paid in the current Paper BiUs emitted by the Continental Congress, or this State, and shall afterwards part with such Goods, Merchandise, &c. in Exchange for other Goods, Merchandize, &c. he shall forfeit and pay the Value of such Goods, Merchan- dize, &c. one Half to and for the Use of this State, and the other Half to the Informer or Prosecuter. AND he it further Enacted, hy the Authority aforesaid, That his Honor the Governor, any and either of the Assistants, Judges of the Superior and Inferior Courts, or any two Justices of the Peace, within this State, be, and they are hereby, empowered and directed, that upon Complaint, under Oath, that any Article or Articles of necessary Support, for the Army or Navy, may be wanted, and are withheld by Monopohzers, Engrossers or others, to issue his Warrant to any Sherijff or Deputy- Sheriff, Constable, or Town-Sergeant, to impress and seize the same out of their Hands, and for that Purpose to break open and enter any Warehouses, Stores, or other Places, where such Goods are deposited, and to have the same appraised by two indifferent, judicious Men, under Oath, appointed for that Purpose, not ex- ceeding the Prices affixed by this Act, which Price so affixed, shall be paid to the Owner or Owners thereof; and that suitable Persons, in Addition to the Commis- saries aheady appointed, be appointed by the Council of War of this State, to furnish and supply the Army raised by this State with Necessaries, upon the most reasonable Terms, agreeable to the Encouragement given by this Assembly; and the Commissaries of this State, and all other Persons, are hereby requested, and strictly enjoined and directed, to make Information against aU such Persons as they shall find buying up or engrossing the Articles aforesaid, contrary to the Intent and Mean- ing of said Act. AND he it further Enacted, hy the Authority aforesaid. That whoever shall contract, or receive for Labour, or vend, seU, or receive for any of the above enumerated Articles, more than at the above Rate or Price thereunto affixed, or for others not enumerated, in an unreasonable Disproportion thereto, shall be accounted oppressive, an Enemy to his Country, guilty of a Breach of this Act, and shall be liable to be prosecuted before any of the LAWS OF EHODE ISLAND, I'T'Tl. 831 Courts of Record within this State, by Bill, Plaint, or Information, and upon Conviction shall be fined for every Article sold, of the Price of twenty Shillings or under, the Sum of twenty Shillings, and for every Article of a Price above twenty Shillings, a Sum equal to the Price of such Articles, together with aU Costs of Prose- cution, and shall stand committed till Sentence be per- formed ; one Half of said Fine to be paid into the General Treasury, and the other Half to the Informer or Prose- cuter. AND he it jurther Enacted, That this Act shall take Effect, and be in full Force, upon Tuesday the eighth Day of January, A. D. 1777; and that the same be forth- with published, and sent to the respective Town Clerks of this State, to be by them read in the first Town-Meet- ing of their respective Towns. PASSED AT FEBRUARY SESSION, X777. [P. 27.] An ACT in Addition to an Act, passed the last Session of Assembly, h '*'''\o''li,e^ j^t for preventing Monopolies and Oppression. tor preventing Monopolies and BE it Enacted iy this General Assembly, and iy the pp""^""- Authority thereof it is hereby Enacted, That each and every Town within this State, where European or East-India Goods are sold either by Wholesale or Retail, be and they are hereby empowered and directed to call a Town-Meeting, to appoint a Committee, consisting of three judicious Persons, who have been used to the European Trade, either two of whom to be a Quorum, whose Business it shall be on AppUcation to adjudge and determine whether such Goods are sold at a higher Price than by said Act is allowed; and if the said Committee shall adjudge that said Articles were sold contrary to the true Intent and Mean- ing of said Act, they shall give a Certificate thereof to the Person who apphes for the same, paying to said Commit- tee Three Shillings thereof. Whereupon the Person hav- ing such Certificate shall prosecute the Seller of said Articles, as by said Act is directed; and if he shall be convicted, the Three Shillings aforesaid shall be taxed in the Bin of Cost against the Offender. AND be it Jurther Enacted, That the Seller of such Goods by Wholesale shall make out an Invoice thereof, at the Sterling Cost of the Articles sold, with his Advance 832 KEVOLUTTONAEY LEGISLATION. thereon, and deliver the same to the Buyer, under the Penalty of the Sum at which said Articles are sold; and the RetaUer shall also, if requested by the Buyer, make out and give an Invoice of the Goods, with the Sterling Cost, and the Advance. PROVIDED nevertheless, That if said Goods have not been imported directly from Europe, but from the West- Indies, or any other Port or Place, not being in Europe, that then the Wholesale Dealer shall be excused from making out an Invoice with the Sterhng Cost, but shall give an Invoice with the Cost at the Port or Place where they were purchased; and the said Committee shall adjudge and determine the Sterling Cost, if any Dispute ariseth thereon. [P. 24.] PASSED AT MARCH SESSION, 1777. Act In Addi-^" -^^"^ ^ Addition to, and Amendment of, an Act, entituled, "An tion to the Act, Act to prevent Monopolies and Oppression, and for the better Supply tor preventing j- ^ „ » Monopolies, &c. of our Troops," &c. BE it Enacted by this General Assembly, and, by the Authority thereof, it is Enacted, That from and after the tenth Day of April next ensuing, the Price of Farming Labour, viz. for Mowing and Reaping in their Seasons, shall not exceed three Shillings and six Pence per Day, and in the three Winter Months one Shilhng and six Pence per Day, and at all other times of the Year two Shillings per Day: That for the three Summer Months the Price of Labour by the Month shall not exceed forty- eight Shillings when found, and at all other Seasons in the same Proportion, compared with Day Labour: That Common Labour in the Town of Providence shall not exceed four Shillings and six Pence per Day, they finding themselves, and three Shillings when foimd: That the Price of Indian Corn in the Towns of Providence, Bristol, Warren, Tiverton, and Little- Oompton, shall not exceed four ShilUngs per Bushel, and in the compact Part of the Town of East-Greenwich three Shillings and nine Pence per Bushel; and Rie five ShilUngs per Bushel; and in all other Places in this State, Corn shall not exceed three Shillings and six Pence per Bushel; and Rie four Shil- lings and six Pence per Bushel; Meal, at the Places where Meal has usually been sold, shall be at a Price in Proportion, according to the usual Customs; and good LAWS OF RHODE ISLAND, m. 833 Kie and Indian Bread shall not exceed fourteen Shillings for every one Himdred and twelve Pounds Weight, and in that Proportion for every other Quantity: That the Price of Stone-Lime shall not exceed, at Providence, four Dollars per Hogshead: That fresh Fish shall not exceed, at the Places where they are caught, one Penny one Farthing per Poimd; in the Town of Providence two Pence Half-penny; and at all other Places within this State two Pence per Poimd: That Oysters shall not exceed two ShOhngs per Bushel at Market : That Jamaica Spirits by the Gallon, per Hogshead, shall not exceed nine Shillings, the Seller finding the cask, and by Retail in the same Proportion as other West India Riun: That West-India Rum be six Pence, and New-England four Pence per Jill : That in case any Person shall sell any of the above Spirits under Proof, he shall forfeit the Value of the same, to be recovered by Bill, Plaint or Informa- tion, in any Court of Record within this State : That Oats be four Pence per Pottle : That good merchantable Men's Shoes shall not exceed nine Shillings per Pair; and that Beaver Hats shall not be sold for more than forty-eight Shillings a Piece. AND be it further Enacted, That in case any Inhabitant or Inhabitants of any Town within this State, more especially the Famihes of Soldiers in the Service of their Coimtry, shall be distressed for Want of any necessary Articles of Life, and which are within their Towns, and shall be witheld from Sale by the Persons to whom the same belong, to monopohze and engross the same, upon Complaint thereof made to either of the Members of the Town -Council or Overseers of the Poor in such Town, under Oath, he shall certify the same, and the Quantity necessary to relieve such distressed Person or Persons, to any Justice of the Peace within said Town, who on Receipt thereof shall issue his warrant to the Town- Serjeant, or either of the Constables of said Town, authorizing him, if necessary, to break and enter any Store or other Place, and seize out of the hands of such Monopolizer and Engrosser so much as shaU be certified to be necessary as aforesaid, and deliver the same to such distressed Person or Persons at the stated Prices; and the Monies for which such Articles shall be sold (after de- ducting all lawfxil Cost and Charges accruing on the Process aforesaid) shall be returned to the Owner of the Article or Articles so seized and impressed. 37639°— 18 53 834 EEVOLTJTTONAET LEGISLATION. AND it is further Enacted, That so much of the Act aforesaid as relates to the Price of Farming Labour, Indian Corn and Rie, be, and the same is hereby, repealed. AND le it further Enacted, That a Committee be ap- pointed by each of the Towns within this State, on the third Wednesday in April next, to provide Necessaries for the Families of Soldiers belonging thereto, who shall engage in the pubHc Service within this State, and deliver the same to such Families at the Price affixed by Law, without any additional Expence to such Soldiers, they lodging with or remitting Money to such Committee for that Purpose. AND he it further Enacted, That the above and fore- going Regulations of the several Articles and Things be in Force, any Law to the Contrary notwithstanding; and that this Act be pubUshed in the next Providence Gazette. PASSED AT MAY SESSION, 1777. [P. 14.] BE it Enacted iy this General Assembly, and iy the Authority thereof it is Enacted, That no R m. Sugar, Mo- lasses, Cotton- Woo' , Coffee, tanned Leather, Sheeps Wool, and Sheep, until they are shorn, shall be carried out of this State, either by Sea or Land, under any Pre- tence whatsoever: That if any Person shall be convicted of having carried, or attempting to carry out of this State, any of the aforementioned Articles, he shall forfeit the Articles so carried or attempted to be carried out of this State; One Half thereof to and for the Use of the Prose- cutor, and the other Half t and for the Use of the State, to be recovered by BiU, Plaint or Information, in any Court of Record within this State: Th t aU of the afore- mentioned Articles which shall be found carrying from one Town to another in this State, or on board any Vessel about departing from the same, unless in small Quantities, shall be deemed to be attempted to be carried out of this State, within the Meaning of this Act, unless the Person so carrying the same shall produce a Certifi- cate or Permission, from the Town-Council of the Town from whence such Articles shall be removed, specifying that the same are permitted to be carried to some other Town within this State, for the Use of the Inhabitants thereof. LAWS OF RHODE ISLAND, IIIY. 835 PROVIDED nevertheless, That this Act shall not ex- tend to any Articles that have been or shall be purchased for the Use of the Continental Army, for the Transpor- tation of which a Permit shall be granted by the Com- mander of the Contiaental Troops in this State, or the Council of War, in the Recess of the General Assembly. AND he it further Enacted, That this Act shall be in Force immediately from and after the risiug of this Assembly. [P. 17.] An ACT to prevent Monopoly and Oppression, by excessive and unreasonable Prices for many of the Necessaries and Conveniences of Life, and for preventing Engrossers, and for the better Supply of our Troops in the Army with such Necessaries as may be wanted. Whereas from the unbounded Avarice of many Per- uJ^^monmow"*" sons, the Prices of the necessary and convenient Articles of Life, already most exorbitant, are daily and greatly enhanced, and the Price of Labour, in general, is most extravagantly great and increasing, which, at this Time of Distress, unless a speedy and effectual Stop be put thereto, wiU be attended with the most pernicious and fatal Consequences, as it not only disheartens and dis- affects the Soldiers, who havejQobly entered into Service for the best of Causes, by obliging them to give such unreasonable Prices for those Things that are absolutely necessary for their Existence, that their Pay is not suffi- cient to support them, but is also very detrimental to the Country in general: IT is therefore Enacted hy this General AssemUy, and hy the Authority thereof, That the Prices of Labour, and of the necessary and convenient Articles of Life, herein after enumerated, be affixed and settled within this State, so that the same shall not exceed the Prices herein stated, as follow, to wit: Labour. Farming Labour, during the three Winter Months, Is. 9d. per Day; during the three Spring and Fall Months, 2 s. 6 d. per Day; during the three Summer Months, 3 s. per Day, excepting for mowing, which shall not exceed 4 s. per Day; for reaping, shocking and bind- ing one Acre of Grain, 5 s. The Price of farming Labour, by the Month, shall not exceed a due Proportion, com- pared with the Price of Labour by the Day. Common Labour, in the Town of Providence, i s. 6d. per Day, the Labourer finding himself. 836 EEVOLTJnONAEY LEGISLATION. SniP-Carpenters and Masons, in the Spring, STimmer and Fall Months, 7 s. per Day, they finding themselves; and in the Winter Months, 6 s. per Day; if found, 2 s. per Day to be deducted. House-Carpenters, finding themselves, 6 s. per Day, otherwise 4 s. per Day. Caulk- ers, finding themselves, 7 s. per Day. Taylors, for making a plaui Suit of best Broadcloth Cloaths, 24 s. and for daily Wages, the Employer finding them, 3 s. per Day. Trucking, 1 s. 6 d. per Hogshead, and other Things in Proportion. Coopers, finding themselves, 5 s. per Day, and for setting and finding Hogshead Hoops, 3 d. each, and Barrel Hoops, 2 d. each. Barbers, for shaving, 3 d. The Price of the Labour of Mechanics and Tradesmen, and of other Labour not stated by this Act, to be com- puted according to the Usages and Customs that have heretofore been adopted and practised in the different Parts of this State, compared with the Price of farming Labour by the Day. Good merchantable Wheat, 7 s. 6 d. per Bushel. Good merchantable Rye, 5 s. 6 d. per Bushel, in aU Places where the Army is or may be stationed, and in the Sea-port Towns (by which are meant, in all Places in this Act, the Towns of Providence, Bristol and Warren, and the compact Part of the Town of East-Greenwich) and in Country Towns 5 s. per Bushel. Good Rye and Indian Bread 14 s. for every 112 lb. and in that Proportion for every other Quantity. Good merchantable Indian Corn, in all Places where the Army is or may be stationed, and in the Sea-port Towns, 4 s. 6 d. per Bushel, and in the Country Towns 4 s. per Bushel. Good merchantable Barley, 3 s. 6 (Z. per Bushel. Meal, at the Places where it hath been usually sold, at a Price in Proportion, according to the usual Custom. Fleece Wool, 2 s.2 d. per lb. Pork. Swine weighing from 5 to 7 Score, 3 d. Half- penny per lb. from 7 to 10 Score, 4 d. per lb. all above 10 Score, 4 d. Halfpenny per lb. Fresh Pork brought to Market by the Quarter or Joint, 4 d. Three Farthings per lb. GEASS-fed Beef of the best QuaUty, 3 d. per lb. and in that Proportion for Stall-fed Beef, and likewise Beef of an inferior Quality. Raw Hides, 3 d. per lb. LAWS OP RHODE ISLAND, 1771. 837 Good merchantable West-India Rum, 8 s. per Gallon, by the Hogshead, including the Cask; 8 s. 2 d. per Gallon, by the Barrel, exclusive of the Cask; 9 s. by the single Gallon, 2 s. 3 d. by the single Quart, and so in Proportion for a less Quantity, according to the former Usages and Customs for retailing smaller Quantities. Jamaica, Spirits, full Proof, 10 s. per Gallon by the Hogshead, in- cluding the Cask, and in smaller Quantities in Proportion, according to the Allowance upon West'India Rxim. And in case any Person shall sell any of the said Spirits under Proof, he shall forfeit the Value of the same, to be re- covered by Bill, Plaint or Information, in any Court of Record within this State: And upon West-India Rum and Jamaica Spirits there shall be an Allowance to the Seller of 1 d. per Gallon for every Ten Miles the same shall be carried by Land-Carriage from the first Port of De- Hvery. New-England Rimi, at 4 s. 2 d. per Gallon by the Hogshead or Barrel, exclusive of 13 s. 4 d. for the Hogs- head, and i s. 4: d. for the Barrel, and 4 s. 10 d. per the single Gallon, at the Town where the same is distilled, and so in hke Proportion for smaller Quantities, according to the old and approved Customs for retailing smaller Quantities, allowing 1 d. per Gallon, for every Ten Miles that the same shall be carried by Land-Carriage from the Place of Distillery. All Spirits distilled in New-England, other than Rum, to be at the same Price, and under the same Regulation in all Respects, as are provided for New- En^land Rum. Best Muscovado Sugar, 66 s. per Hundred Wt. by the Hogshead, 72 s. per single Hundred Wt. and 10 d. per lb. by the single Poimd, at the Place where it is first landed, and allowing 9 d. for the transporting of every Hundred Wt. Ten Miles by Land-Carriage. Sugars of an inferior Quahty in the usual Proportion. Single-refined Loaf Sugar \ s. & d. per lb. by the Himdered Wt. and by the single Loaf 1 s.Sd. per lb. Melasses, of the best Quality, 3 s. 8 d. per Gallon by the Hogshead, including the Cask; 4 s. by the Barrel, exclusive of 3 s. for the Barrel, and 4 s. 4 «?. by the single Gallon, at the Place where it is first landed from the West Indies, and so in Proportion in the Coimtry, allowing \ d. & Gallon for every Ten Miles Transportation by Land into the Country, or from the Place where it is so landed. 838 KEVOLUTTONAEY LEGISLATION. Best American made Cheese, 7 d. per lb. by the single Cheese, 8 d. per lb. by the single lb. and 6 d. per lb. for any other Quantity. Butter, of the best QuaUty, 1 s. per lb. by the Firkin, Tub or other Cask, or in any greater Quantity than 20 lb. Weight, and 1 s. 2 d. per lb. by the single lb. Peas, 8 s. per Bushel. Beans, of the best Quality, 6 s. per Bushel. Potatoes, commonly called Spanish Potatoes, of the best Sort, in the Fall of the Year, 1 s. 4 d. per Bushel, and at other Seasons, 2 s. per Bushel. Good rough- skinned Potatoes, 2 s. 6 d. per Bushel. Mens good Yarn Stockings, 6 s. per Pair, and so in Proportion for those of an inferior Quality. Mens good merchantable Neat-Leather Shoes, 9 s. per Pair. Salted Pork by the Barrel, reckoning 220 lb. Wt. to the Barrel, £ 4 12 s. Cotton, 3 s. 6 d. per lb. by Wholesale, and 4 s. per lb. by Retail. Good Oats, 2 s. 4 d. by the Bushel in the Sea-port Towns, and 2 s. in the Country Towns, 4 d. per Pottle. Well dressed merchantable Flax, 1 s. 4 d. per lb. at Market. Good Coffee, 1 s.4:d. per lb. by Wholesale, and 1 s. 8d. per lb. by Retail. Good tried Tallow, 7 d. Halfpenny per lb. Good Yard-wide Tow-Cloth, 2 s. 9 d. per Yard, and other Tow-Cloths of different Widths and Goodness in an usual Proportion. Coaese Linens to be valued after the Rate and in Pro- portion to Tow-Cloth, making the reasonable Allow- ances for the same. Best Yard-wide striped Flannel, d s. 9 d. per Yard, and other Flannels in Proportion, according to their Width and QuaUty; and other Woollen Goods in Uke Proportion. Good Homespun Yard-wide Cotton and Linen Cloth, 5 s. per Yard, and of other Widths and Qualities in a just Proportion. TuEKiES and Dimghill Fowls, 4 d. Halfpenny per lb. Geese, 3 d. per lb. best Mutton, 4 d. per lb. best Veal, 4 d. per lb. and other Veal and Mutton in Proportion to its Quahty. Dinners at Taverns (for Travellers, not Soldiers) of boiled and roasted Meat, with other Articles equivalent, LAWS OF RHODE ISLAND, 1'7'7'7. 839 exclusive of Wine, 1 s. 6 d. Suppers and Breakfasts, 1 s. Lodging, 4 d. Wood. Walnut Wood in the Town of Providence, is.Qd. per Foot, and in the same Town Oak Wood, Ash, Birch, and all other Kinds of Wood usually sold for divers Years last past, \mder the Name and at the Price of Oak Wood, 3 s. 9 d. per Foot. In the compact Part of the Town of East GreenwicTi, Walnut Wood, Z s.&d. per Foot, and Oak, Ash, Birch, &c. as aforesaid, 3 s. per Foot. In all Places to the Eastward of the Post-Road from Provi- dence, until it comes to the Snuff-MiU, late the Property of Thomas Moffatt, where Troops are stationed, and upon the Post Road, and in all Parts of Boston^Neck to the Southward of said Mill, the same Price as in the com- pact Part of East-Greenwich. In aU other Parts of the State. Walnut Wood, 3 s. per Foot, and Oak, Ash, Birch, cfcc. as aforesaid, 2 s. G d. per Foot. Chaecoal, 4 d. per Bushel. Hard Soap, 4 d. Halfpenny per lb. English Hay, in the Town of Providence, and the com- pact Part of the Town of East-Greenwich, for the Use of the Inhabitants or Army, from £ 4 10 s. to £ 6 per Ton, according to its Quahty. In all other Parts of the State, for the Uses aforesaid, from £ 3 to £ 4 6 s. 8 See relieving agents Iroui liability, same session, p. 22. 864 KEVOLUTIONABY LEGISLATION. PASSED AT JULY (SECOND SESSION) SESSION, 1780. [P. 21.] vided'fMtheSLt Whereas it is represented unto this Assembly, That Army 'and Fiert.**^^^® i^ great Want of Feed for the Cattle belonging to and employed by the Army and Fleet of his Most Christian Majesty within this State: It is therefore Voted and Resolved, That Mr. Simeon Martin, Deputy- Commissary of Forage, be, and he is hereby empowered and directed, to apply to the Proprietors of a Lot of Land, containing about Sixty Acres, lying at the North End of the Town of Newport, and belonging to Colonel Jolin Malbone, and others, and agree with them for such Consideration, for the Use of the said Land, for the Purpose aforesaid, as shall be adjudged to be reason- able by Three Persons, to be mutually chosen by the major Part of the said Proprietors and the said Simeon Martin: And that in case the said Proprietors shall refuse or neglect to agree on Men to appraise the said Pasturage, or shall refuse to agree to their Appraisment, then the said Simeon Martin he, and he is hereby empow- ered and directed, to take Possession of the said Pasture- Land, and convert it to the Use aforesaid, and cause the same to be appraised by any such Three judicious Persons as he may appoint for that Purpose. AND it is further Voted and Resolved, That the said Simeon Martin take effectual Care that the said Pasture be guarded in such a Manner as to prevent any Injury to the adjoining Lands. of Beef. PASSED AT JANUARY SESSION, 1781. [P. 20.] An ACT tor proportioning to the several Towns in this State, and col- lecting fresh Beef for supplying the Army of the United States. ^^ortionment WHEHEAS the General Congress of the United States of America, by a Resolution passed the Fourth of Novemr- ler last, apportioned Two Hundred Thousand Pounds Weight of fresh Beef, to be furnished by this State, as their Quota of the Supply of that Article for the Year 1781: And this Assembly hath received a Letter from the Commissary-General of Purchases, urging the Neces- sity of Part of said Beef being immediately forwarded for the Use of the Army; whose Existence depends on Supplies being regularly and punctually furnished, and LAWS OF RHODE ISLAND, 1781. without which it is impossible to support the War in which we are engaged. IT therefore Foieci anti iJesoi'wcZ, That the several Towns in this State be required to pay and deliver to Stephen Mumford, Esq. on or before the Seventh Day of February next, the Sums of Money in Silver or Gold herein respec- tively apportioned to them, to be appropriated for pur- chasing Part of the aforesaid Quota of fresh Beef, viz. 866 Newport £.61 Portsmouth 10 Jamestown 4 00 Middletown 7 00 Tiverton 45 Little-Compton 36 County of Newport. . . £. 163 Providence 92 10 Smithfield 84 Sdtuate 76 10 Gloucester 67 10 Cumberland 37 Cranston 50 5 Johnston 25 15 Ncrrth-Providence 18 8 County ofProvid £,. 451 18 39 5 North-Kingstown £.55 8 South-Kingstown 125 10 Charlestown 32 7 Richmond 28 12 Exeter 41 14 Hopkinton 34 13 King's County £. 357 Bristol 25 17 Warren 15 13 Barrington 12 County of Bristol £.53 ]0 Warwick 71 East-Greenwich 32 4 West-Oreenwich 30 8 Coventry 41 County of Kent £. 174 12 Total £.1200 PROVIDED nevertheless, That any of the aforesaid Towns shall have permission, in Lieu of the Money appor- tioned as aforesaid, to deliver at their own Expense, good merchantable Ox Beef which shall be fit for Slaughter, which Beef shall be dehvered at the DweUing-House of Israel Bowen, Esq. in Coventry, on the Seventh Day of February next; for which there shall be allowed Forty Shillings, like Money, as aforesaid, for the best of Beef by the Hundred Weight, and for other Beef a Price in Proportion to the Goodness; none to be delivered which shall be of a less Value than Thirty-six Shillings per Hun- dred, of the like Money. And as it is necessary that the said Beef be forwarded on the Hoof to the Army, in order to prevent any Im- position on the State, of Beef which shall not be good, It is further Voted and Resolved, That Mr. John Demount, 37639°— 18 55 866 KEVOLTJTIONAEY LEGISLATIOlSr. of Providence, be and he is hereby appointed to attend at Coventry on the Day aforesaid, to view all the Cattle that shall be delivered as aforesaid ; and that he estimate and judge the Weight and Value of each of the said Cattle, particularly specifying in a Book for this Purpose the natural or artificial Marks, the Weight, the Price, the Persons and Towns from whom received, and when de- livered, and report the same to this Assembly at their next Session. And that unnecessary Expence and Trouble may be prevented in sending forward Cattle which shall not be fit to kill as Beef, It is further Voted and Resolved, That the following Persons be appointed in their respective Towns to view the Cattle previous to their being sent to Coventry as aforesaid, and that none be sent forward without the Approbation in Writing of the Person ap- pointed by this Act to view the said Cattle in his Town; who is hereby directed to give Permission for no Cattle to go forward but such as shall be good merchantable Ox Beef as aforesaid, viz. Newport, Mr. Robert Taylor. Portsmouth, Mr. Robert Fislc. Providence, Mr. Welcome Arnold. Warwick. Mr Charles Holden. Westerly, Mr. Joseph Noyes. North- Kingstoum, Mr. Peter Phillips. South- King stovm, Mr. Thomas Potter. East-Greenwich, Mr. Stephen Mumford. Jamestown, Mr. John Weeden. Smithfield, Mr. Andrew Waterman. Scituate, Mr. Peter CooTc. Gloucester, Mr. Solomon Owen. Charlestown, Mr. Gideon Hoxsie. West Greenwich, Mr. Jonathan ComstocTc. Coventry, Mr. Stephen Potter. Exeter, Mr. John Chapman. Middletovm, Mr. Joshua Barker. Bristol, Mr. Shearjashub Bourne, jun. Tiverton, Mr. Gilbert Devol. Little Compton, Mr. Philip Taylor. Warren, Mr. John Child. Cumberland, Mr. Jeremiah Whipple. Richmond, Mr George Webb. Cranston, Mr. Matthew Manchester. Bofkinton, Mr. Jesse Maxson, LAWS 01? KHODE ISLAND, 1781. 867 Johnston, Mr. Joseph Waterman. North-Providence, M\ John Jenckes. Barrington, Mr. Thomas Allen. AND it is further Voted and Resolved, That the said Stephen Miimford, be and he is hereby appointed to take the Charge of all the said Cattle which shall be delivered as aforesaid; that for this Purpose he proceed to Coventry on the aforesaid Day; and that he drive the Cattle he shall there receive, to such Place as the Commissary- General shall direct, and deliver the same to his Order, taking a Receipt for the same, as Part of the Quota of Beef assigned this State, and receiving of the said Com- missary-General the Expences which shall accrue for driving and Forage after he shall have left this State. It is further Voted and Resolved, That the said Stephen Mumford purchase with the money he shall receive as aforesaid, in this or either of the neighbouring States, and upon the best Terms, Beef upon the Foot to the Amount thereof in Value, and deliver and take a Receipt for the same, and receive the Expences of driving and Forage in Manner as is before directed. IT is further Voted and Resolved, That the said Stephen Mumford make and deliver to the Persons of whom he shall receive either Cattle or Money as aforesaid, Cer- tificates of the Amount in Value of the Cattle which he shall so receive as estimated by the said John Demount, and of the Sum or Sums of Money which he shall receive, and of the Persons and Towns of whom the same shall be received: That the said Certificates shall discharge so much as is therein expressed of the next State-Tax which shall be assessed upon the Inhabitants of this State for Gold or Silver; and that the General-Treasurer receive the same accordingly. AND it is further Voted and Resolved, That in Case any Town shall neglect to pay the Money, or Beef Cattle, in Lieu thereof, apportioned thereto as aforesaid, such delinquent Town shall forfeit and pay into the General- Treasury for the Use of this State double the Sum in which they shall be deficient; to be collected by adding the same to the next succeeding State-Tax which shall be assessed upon such Town. IT is further Voted and Resolved, That the said Stephen Mumford keep a fair Account of the Money which shall be received by him as aforesaid, and of the Expenditure thereof, and Vouchers for the same, and report the same 868 REVOLUTIONAEY LEGISLATION. with his other Proceedings in Pursuance hereof to this Assembly. IT is further Voted and Resolved, That if any Town shall deliver at the Time and Place before assigned to the said Stephen Mumford any greater Quantity of Beef, or Simi of Money than is assigned them by this Act, such Town shall be credited for such Quantity of Beef as they shall so deliver over their present Proportion, or for so much Beef as the Monies paid over their said Proportion shall amount to, reckoning at an Average Price, what the Beef delivered as aforesaid shall cost, and have the same de- ducted from the next Proportion of Beef assigned to such Town to complete the Quota of Two Hundred Thousand Pounds Weight, to be furnished by this State; or such Town shall have the Amount of what the Beef so deUvered or accounted shall be worth at the Time any future Pro- portions of said Quota shall be purchased, deducted from any Monies ordered to be issued or Taxes assessed for procuring and purchasing the same. AND it is further Voted and Resolved, That the Secre- tary within Four Days after the Kising of this Assembly, transmit a Copy hereof by Express to the several Town Clerks within this State; who upon the Receipt thereof are directed immediately to convene their respective Towns, that they may be enabled seasonably to adopt the necessary Measures for carrying these Resolutions into Execution within the Time aforesaid, agreeable to the true Intent and Meaning thereof. PASSED AT MAY (SECOND SESSION) SESSION, 1781. [P. 31.] provided fo? the Whcreas his Excellency Count de Rochambeau, Gen- S'renoh Army, gj-^l of His Most Christian Majesty's Army in this State, hath represented, that it may be necessary for the removing the Baggage and Stores of the said Army from Newport to Providence to impress a Number of Teams: Wherefore, that the said Army may not be impeded in its March, It is Voted and Resolved, That George Irish, Esq; be, and he is hereby, appointed and fully empowered to impress such a Number of Teams in the County of Newport as shall be required by the Count de Rochambeau, for the Transportation of the sajd Baggage and Stores from Newport to Bristol Ferry: LAWS OF RHODE ISLAND, 1781. 869 That Nathaniel Fales, Esq; be, and he is hereby, ap- pointed, and fully empowered, to impress a sufficient Number of Teams within the County of Bristol, to con- vey the said Baggage and Stores from Bristol Ferry to Providence: And that the said George Irish and Nathaniel Fales be empowered to appoint proper Persons under them, to assist in performing the said Service; and also to employ suitable Persons to drive and take Charge of such Teams as the Owners do not attend upon them- selves. TASSED AT JULY SESSION, 1781. [P. 9.] An ACT for proportioDing upon the several Towns within this State Supplies of Beef, for the Support of the Army, for the Months of August and Septemier next. WHEREAS it will be impracticable to keep an Army o/^^p"""""""* in the Field, during the present Campaign, unless a regular and due Supply of fresh Beef is furnished them, agreeable to the Requisition of the Hon. Continental Congress: And whereas his Excellency General Wash- ington hath, in the most pressing Manner, requested that the Supplies required of this State be regularly and monthly sent on to the Army: And whereas the Supplies of fresh Beef for the Months of August and September, can be procured in the easiest and best Man- ner by proportioning the same unto the respective Towns within this State: Be it therefore Enacted hy the General Assembly, and by the Authority thereof it is Enacted, That the Towns herein after named shall, on the Fifteenth Day of August next, and the Fifteenth Day of September next, procure and deliver at the Dwelling-House of Mr. Israel Bowen, in Coventry, the Quantity of good, merchantable Beef respectively a£Bxed unto them; or in Lieu thereof, the Sums of Money herein ordered, to be paid in Gold and Silver, on the respective Days aforesaid, at said Israel Bowen's, unto Mr. William Rhodes, who is hereby ap- pointed to receive the Beef, when the same shall bo appraised, or in Lieu of Beef, the Monies raised by the respective Towns, and give his Receipt therefor, to wit: 870 EEVOLTJTIONABY LEGISLATION. Pounds of SOver beef. money. Newport 3070 or £61 8 Portsmouth 1023 20 9 2 Middletown 662 13 4 10 Jamestown 341 6 16 5 Tiverton 2217 44 6 9 Little-Compton -1792 35 16 10 Providence 4314 86 5 8 Smiihfield 4013 80 5 2 Sdtuate 3672 73 8 10 Gloucester 3170 63 8 Cumberland 1823 36 9 3 Cranston 2475 49 10 Johnston 1288 25 15 3 North-Providence 920 18 8 Westerly 1946 38 18 5 North-Kingstown 2932 59 12 10 South-Kingstown 6065 121 6 Charlestown 1631 32 12 5 Richmond 1412 28 4 9 Exeter 2064 41 5 7 Hophinton 1804 36 1 7 Bristol 1309 26 3 7 Warren 783 15 IS 2 Barrington 616 12 6 5 Warwich 3533 70 13 2 East-Greenwich 1597 31 18 9 West-Greenwich 1471 29 8 5 Coventry 2007 40 2 9 And he it further Enacted hy the Authority aforesaid, That Mr. John Demount be, and he is hereby, appointed to appraise the Weight of the said Beef, and adjudge the Quality thereof. And he it further Enacted hy the Authority aforesaid, That the said William Rhodes shall forthwith upon receiving the Beef aforesaid drive on to the Grand Army Fifty-two Thousand Pounds weight thereof, for the Use of the said Army, and deliver the same to the Commissary-General, or his Order ; that Eight Thousand Pounds weight thereof be detained for the Use of the Mihtia who are in actual Service within this State, if the Mihtia shall at the Time aforesaid be held in actual Service ; and that if the MUi- tia be dismissed the whole Quantity of Beef be sent for- ward. And he it Further Enacted hy the Authority aforesaid, Ihat if any or all of the Towns aforesaid, shall pay, on the Days and Times aforesaid. Money in. Lieu of Beef, the said Wil- liam Rhodes shall receive the Monies aforesaid, and pur- chase, therewith, upon the best Terms he can. Beef to the LAWS OF RHODE ISLAlTC, I'JSI. 8*71 Amount of the Whole, for the Use of the Grand Army, Fifty-two Thousand Pounds weight per Month, if the Mi- htia of this State are in actual Service, if not, to the whole Amount of said Sixty Thousand Pounds weight of Beef, to be appropriated in Manner as afore directed. Avd he it Further Enacted hy the Authority aforesaid, That the said William Rhodes shall keep an exact Account of the Cost of the Beei, and account for the Expenditure of the Money he shaU so receive. And he it Further Enacted hy the Authority aforesaid, That if any or either of the Towns aforesaid shall refuse oo neg- lect to procure and deliver the aforesaid Beef or Money, in Gold or Silver, at the Times and Place aforesaid, unto - the said William Rhodes, Esq; he shall certify unto the Sheriff of the County within whose Precinct such delin- quent Town Hes, that such Town hath not procured and dehvered the Beef or Money herein assessed against them : And the Sheriff of such County within whose District such delinquent Town hes is hereby directed and em- powered, forthwith, upon Receipt of such Certificate, to repair, with sufficient Aid, into such delinquent Town, and there to seize and distrain double the Quantity of Beeves, or neat Cattle as wiU make the Weight required and assessed against such Town, and have the Quantity assessed against said Town dehvered at Coventry, on the Twentieth Day of August, and Twentieth Day of Sep- tember next, to be appraised by said John Demount; and the remaining Part the said Sheriff shall sell at Public Vendue; and the Monies arising from the Sale thereof, after deducting the Expence which shall accrue unto the Sheriff, shall be paid into the General-Treasury. And be it further Enacted hy the Authority aforesaid. That the said Sheriff shall, when he makes the Seizure and Dis- traint as aforesaid, keep an Account of the Numbers and Marks, natural and artificial, of the Beeves, or neat Cattle, so taken; and shall, within One Week after such Seizure and Distraint as aforesaid, lodge in the Town-Clerk's Of- fice of such Town where the Distraint shall be made, a Copy thereof, that the Owner or Owners of such Beeves, or neat Cattle, may have satisfactory Payment therefor, from such delinquent Town at large. And whereas it will be just and reasonable, in Case any Town shall be so lost to a Sense of Duty and Regard for the pubhc Welfare as not to make sufficient Provision for furnishing the said Beef, or Money in Lieu thereof, as 812 REVOLUTIONARY LEGISLATION. aforesaid, and by such Neglect shall Cause any of their In- habitants to have their Cattle destrained from them as aforesaid, that such Inhabitants should have full Compen- sation for all Damages occasioned thereby, from the other delinquent Inhabitants of such Town: Beit therefore further Enacted, That any Person having any of his Cattle distrained from him, in Pursuance of this Act, by the Sheriff as aforesaid shall be entitled to have and recover against the Town to which he shall belong the full Value of all the Cattle taken from him as aforesaid, together with all lawful Costs and such other Damages as shall be deemed just and reasonable, by the Court before which the same shall be recovered: That the same be sued for and recovered by an Action to be commenced against the Town-Treasurer of such Town at a Special Court to be called in the same Manner as Special Courts are now by Law directed to be called; and that on Judgment being recovered Execution issue against such Town-Treasurer, and be returnable within Fifteen Days from the Time of issuing the same. And it is further Enacted, That the said William Rhodes give Bond to the General-Treasurer, in the Sum of Two Thousand Pounds, lawful Silver Money, with Two Sure- ties, for the faithful Performance of the Trust reposed in him: And that in Case any Town shall for the First Month supply more than the Quantity required of it such Town shall have Credit for the Surplusage in the Supply for the Second Month. And it is Ordered, That this Act be printed, and that a Copy thereof be transmitted as soon as may be by the Sec- retary to each of the Town-Clerks in this State, who on. Receipt thereof are hereby required and directed immedi- ately to issue Warrants calling Town Meetings in their re- spective Towns, in order that the Freemen of the respective Towns may take such Measures as shall be necessary for carrying the aforesaid Act into Execution. PASSED AT AUGUST SESSION, 1781. [P. 36.] An ACT for proportioning the Supplies of Beef to the several Towns in this State, for the Support of the Army, for the Months of October and November next. of^fto'th"ev- WHEREAS it is absolutely necessary, for the Support erai Towns. pf the Army, that regular and due Supphes of fresh Beef for their Use be furnished, agreeable to the Requisition of LAWS OF EHODE ISLAND, 1181. 873 the Most Honorable the Continental Congress: And as his Excellency General Washington hath, in the most pressing Manner, requested that the Supplies required of this State be regularly ard monthly furnished: And whereas the Supplies of fresh Beef, for the Months of October and November, can be procured in the easiest and best Manner by apportioning the same to the respective Towns in this State: BE it therefore Enacted by this General Assembly, and by the Authority thereof it is Enacted, That the Towns herein after named shall, on the Fifteenth Day of October next, procure and deliver, at the Dwelling-House of Mr. Israel Bowen, in Coventry, the Quantity of good merchant- able Beef respectively affixed unto them, or in Lieu thereof the Sums of Money herein ordered, to be paid in Gold or Silver, on the respective Days aforesaid at the said Israel Bowen' s, unto William Rhodes, Esq., who is hereby appointed to receive the Beef, when the same shall be appraised as herein after mentioned, or in Lieu of the Beef the Monies raised by the respective Towns, and give his Receipt therefor, to wit: lbs. Beef. Providence ■^314 or £86 5 8 Smithfield 40]3 80 5 2 f^cituate 3672 73 8 10 Gloucester 3170 63 8 Cumberland 1823 36 9 3 Cranston 2475 49 10 Johnston , 1288 25 15 3 North-Providence 920 18 8 Westerly 1946 38 18 5 Charlestown .* 1631 32 12 5 Richmond 1412 28 4 9 Exeter 2064 41 5 7 EopKnton 1804 36 1 7 Warwick 3533 70 13 1 East-Greenwich 1597 31 18 9 West-Greenwich 1471 29 8 5 Coventry 2007 40 2 9 And as it is necessary that fresh Beef should be fur- nished for the Mihtia doing Duty upon Rhode-Island, It is further Enacted by the Authority aforesaid, That the following Towns be and they are hereby required to procure and deUver at Newport, on Rhode-Island, to Col. John Tophani^ at such Times as he shall call for the same, the Quantity of good merchantable Beef, or Sums of Money respectively affixed to them, to wit: 874 EEVOLTJTIONAEY LEGISLATION. lbs. Beet. Newport 3070 or £61 8 Portsmouth 1023 20 9 2 Middletown 662 13 4 10 Jamestown 341 6 16 5 Tiverton 2217 44 6 9 Litth-Compton 1792 35 16 10 North-Kingstown 2982 59 12 10 South-Kingstown 6065 121 6 Bristol 1309 26 3 7 Warren 783 15 13 2 Barrington 616 12 6 5 AND it is further Enacted by the Authority aforesaid, That in case any Money shall be delivered the said John Topham, in Lieu of Beef, he shall therewith purchase Beef, for the Use of the said Militia, on the best Terms he can, keeping an exact Account thereof: That Mr. John De- mount be and he is hereby appointed to appraise the Weight of the said Beef to be delivered at Coventry, to judge of the Quality thereof, and to reject such as he shall think unfit for the Use of the Troops: That the said William Rhodes shall forthwith, upon receiving the Beef aforesaid, drive the same to the grand Army, and deliver it to the Commissary-General, or his Order, taking his Receipt for the same: That in case any or all the Towns aforesaid shall pay on the Days affixed by this Act Money in Lieu of Beef, then the said William Rhodes be and he is hereby directed to receive the Monies afore- said, and to purchase therewith, upon the best Terms he can, Beef to the Amount of the whole Sum he shall receive, for the Use of tli.e grand Army, keeping an exact Account of the Cost of the Beef, and of the Expenditm-e of the Money: And that in case any Town shall for the First Month supply more than the Quantity required of it, such Town shall have Credit for the Surplussage in the Supply for the Second Month. AND it is further Enacted iy the Authority aforesaid. That if any or either of the Towns aforesaid shall neglect to procure and deliver the said Beef, or in Lieu thereof the said Money, to the said William Rhodes, at the Times and Place aforesaid, the said William Rhodes be and he is hereby empowered and directed to certify unto the Sheriff of the County in which such delinquent Town lies, that such Town hath not delivered the Beef or Money herein assessed thereon; whereupon the Sheriff of such County shall be and hereby is empowered LAWS OF RHODE ISLAND, 1*781. 875 and directed forthwith, upon Receipt of such Certificate, to repair with sufficient Aid into such delinquent Town, and there to seize and distrain double the Quantity of Beeves, or Neat Cattle, as will make the Weight assessed upon such Town, and have the Quantity assessed upon such Town delivered at the Place or Places by this Act required, on the Days aforesaid: That those delivered at Coventry be appraised by the said John Demount: That the said Sheriff shall sell the remaining Part at public Vendue, and, after deducting the Expences that shall accrue, shall pay the Monies arising from the Sale thereof into the General-Treasury: And that the said Sheriff, when he shall so make Seizure and Distraint, shall take an Account of the Numbers, and natural and artificial Marks, of the Beeves or Neat Cattle taken, and within One Week thereafter lodge a Copy thereof in the Town-Clerk's Office of the Town where the Distraint shall be made, that the Owner or 0\\Tiers may have satisfactory Payment from "such delinquent Town at large. And whereas it will be just and equitable, in case any Town shall be so lost to a Sense of Duty, and Regard for the public Welfare, as not to make sufficient Provision for furnishing the said Beef, or Money in Lieu thereof, and by such Neglect shall cause any of their Inhabitants to have their Cattle distrained, that such Inhabitants should have full Compensation for all Damages sustained thereby from the other Inhabitants of such delinquent Town: IT is therefore further Enacted, That any Person who shall have any of his Cattle distrained from him, in Pursuance of this Act, by the Sheriff as aforesaid, shall be intitled to have and recover, against the Town to which he belongs, the full Value of all the Cattle taken from him as aforesaid, together with all lawful Costs, and such other Damages as shall be deemed just and reasonable by the Court before which the same shall be recovered: That the same be sued for and recovered by an Action to be commenced against the Town-Treasurer of such Town, at a Special Court, to be called in the same Manner as Special Courts are now by Law directed to be called: And that on Judgment being recovered. Execution shall issue against such Town Treasurer, and be returnable within Fifteen Days from the Time of issuing the same. 876 EEVOLTJTIONAEY LEGISLATION. AND it is further Enacted, That the said WiUiam Rhodes give Bond to the General Treasurer in the Sum of Two Thousand Pounds Lawful Silver Money, 'vvith Two Sureties, for the faithful Performance of the Trust reposed in him. And whereas the Town of Sciiuate hath, at the present Session, been divided into Two Towns: It is further Enacted by the Authority aforesaid, That the said Two Towns procure in their respective Towns their respective Proportions of the said Beef, or Money, in this Act assigned to the said Town of Sciiuate, in Proportion to the Amount of the Sxmis of the last State Tax assessed on the said Town of Sciiuate. And the Secretary is hereby directed to transmit printed Copies of this Act, as soon as may be, to each of the Town-Clerks in this State, who on Receipt thereof are hereby empowered and directed immediately to issue Warrants, calling Town-Meetings in their respec- tive Towns, in order that the Freemen may take such Measures as shall be necessary for carrying this Act into Execution. PASSED AT DECEMBER SESSION, 1781. [P. 28.] An ACT proportioning the Quantity of Sixty Thousand Pounds Weight of Beef, to the several Towns within this State, for supplying the Army, being the Quota of this State, for the Month of December, A. D. 1781. ' Act for supply- WHEREAS it is indispensably necessary, that the ing the Army . , „ „ t^ ,. i i i • , , i ,. with Beef. said Quota of Beef should, as soon as possible, be fur- nished by this State, agreeable to the Requisitions of the Honorable the Continental Congress, and his Excel- lency General Washington, for regularly furnishing the Army monthly with Provisions: BE it therefore Enacted by the General Assembly, and by the Authority thereof it is Enacted, That the Towns herein after named shall, on the 31st Day of December inst. pro- cure and deliver, at the Dwelling-House of Mr. Israel Bowen, in Coventry, the Quantity of good merchantable Beef respectively affixed to them, to William Rhodes, Esq; who is appointed to receive the same, and give his Receipt therefor, to wit: LAWS OF RHODE ISLAND, 1181. 877 lb. Providence 4314 Smithfield 4013 Scituate 2140 Gloucester 3170 Cumberland 1823 Cranston 2475 Johnston 1288 North-Providence 920 Foster 1532 21675 Westerly 1946 North-Kingstown 2982 South-Kingstown 6065 Charlestown 1631 Richmond 1412 Exeter 2064 Hopkinton 1804 17904 Bristol 1309 Warren 783 Barrington 616 2708 Warwick 3533 Host-Greenwich 1597 West-Greenwich 1471 Coventry 2007 8608 And whereas it hath become necessary that a Garri- son should be kept at Rhode-Island, who are inlisted for the Term of Five Months, and must therefore be fur- nished with Provisions, which are to be partly salted, and partly fresh: It is therefore further Enacted, That the Towns in the County of Newport be and they hereby arc required to procure, and deliver to Col. John TopJiam, the Quantites of Beef respectively affixed to them, on or before the said 31st Day of December, to wit: lb. Newport 3070 Portsmouth 1023 Middletown 662 Jamestown 341 Tiverton 2217 Little- Compton 1792 9105 And that the said John Topham kill and salt up the said Beef, delivered to him as aforesaid, excepting such Part as he may think proper to deUver fresh for the Use of said Garrison, from Time to Time, to Lieutenant John Miller, appointed at this Session to receive and deliver out the same to the Amoimt of the Rations which shall become due to the said Garrison; and that the said John ^78 REVOLUTIONARY LEGISLATION. Topham keep an exact Account of the Weight of the Beef deUvered to him by the said Towns as aforesaid, and that he also keep an exact Account of the Weight of the Hides and Tallow, and preserve the same in the best Manner for the Use of the State, and render an Account of his Proceedings herein to the next Session. AND be it further Enacted by the Authority aforesaid, That Mr. John Demount be and he is hereby appointed to appraise the Weight of the said Beef, and adjudge the Quality thereof, and that he keep an exact Account of his Proceedings as heretofore, and return the same to the General Assembly at the next Session. AND be it further Enacted by the Authority aforesaid, That the said William Rhodes shall forthwith, upon receiv- ing the Beef delivered at Coventry as aforesaid, drive on the same for the Use of the said Army, and deliver the same to the Commissary-General, or his Order. AND be it further Enacted by the Authority aforesaid, That if any or either of the said Towns shall refuse or neglect to procure and deliver the said Beef, as required by this Act, the said William Rhodes, or John Topham, according as the Delinquency may happen, are required to certify imto the Sheriff of the County within whose Precinct such delinquent Town Hes, that such Town hath not procured the Beef herein assessed agaiast such Town: And the Sheriff of such County within whose District such dehnquent Town lies, is hereby directed and empowered forthwith, upon Receipt of such Certif- icate, to repair, with sufhcient Aid, into such delin- quent Town, and there to seize and distrain double the Quantity of Beeves, or neat Cattle, as will make the Weight required and assessed against such Town, and have the Quantity assessed against said Town delivered at Coventry, on the Sixth Day of January next, to be appraised by said John Demount; and the remaining Part the said Sheriff shall sell at public Vendue, and the Monies arising from the Sale thereof, after deducting the Expence which shall accrue imto the Sheriff, shall be paid into the General-Treasury. AND be it further Enacted by the Authority aforesaid, That the said Sheriff shall, when he makes the Seizure and Distraint as aforesaid, keep an Account of the Num- bers, Marks, natural and artificial, of the Beeves or neat Cattle so taken; and shall, within One Week after such Seizure and Distraint as aforesaid, lodge in the Town- LAWS OF SOUTH CAROLINA, 1'7'76. 879 Clerk's Office of such Town where the Distraint is made a Copy thereof, that the Owner or Owners of such Beeves, or neat Cattle, may have satisfactory Payment therefor, from such delinquent Town at large. And whereas it will be just and equitable, in case any town shall be so lost to a Sense of Duty, and Regard for the public Welfare, as not to make sufficient Provision for furnishing the said Beef, or Money in Lieu thereof, as aforesaid, and by such neglect shall cause any of their 'nhabitants to have their Cattle distrained from them as aforesaid, that such Inhabitants should have full Compensation for all Damages occasioned thereby, from the other delinquent inhabitants of such Town: BE it therefore further Enacted, That any Person having any of his Cattle distrained from him, in Pursuance of this Act, by the Sheriff as aforesaid, shall be entitled to have and recover against the Town to which he shall belong the fiiH Value of all the Cattle taken from him as aforesaid, together with all lawful Costs, and such other Damages as shall be deemed just and reasonable by the Court before which the same shall be recovered: That the same be sued for and recovered by an Action to be commenced against the Town-Treasurer of such Town at a Special Court, to be called in the same Manner as Special Courts' are now by Law directed to be called; and that on Judgment being recovered Execution issue against such Town-Treasurer, and be returnable within Fifteen Days from the Time of issuing the same. AND it is Enacted, That the said WiUiam Rhodes give Bonds to the General-Treasurer in the Sum of Two Thousand Pounds Lawful Silver Money, with two Sureties, for the faithful Performance of the Trust reposed in him. STATUTES OF SOUTH CAROLINA. [Printed from "The Statutes at Large of South Carolina," Vol. IV (containing the acts from 1752, exclusive, to 1786, inclusive), edited, under authority of the Legis- lature, by Thomas Cooper, M. D., LL. D., and Vol. VII (containing the acts relating to Charleston, Courts, Slaves, and Elvers), edited, under authority of the Legis- lature, by David J. McCord.] [7 McCord's Stats. 428.] No. 1025. AN ORDINANCE to direct the manner op procuring Negroes TO BE EMPLOYED IN THE PUBLIC SERVICE. WHEREAS, a number of able male slaves are frequently wanted on very pressing occasions for the public service, 880 REVOLUTIONARY LEGISLATION. which will not admit of delay, and it would be very detri- mental to the State if speedy and effectual means are not provided to supply the public, from time to time, with such a number of male slaves as the exigency of affairs may require to be employed on the public works, for the defence and security of this State: I. Be it therefore ordained, by his Excellency John Rut- ledge, Esquire, President and Commander-in-chief in and over the State of South Carolina, and by the honorable the Legislative Council and General Assembly of the said State, and by the authority of the same. That the Presi- dent and Commander-in-chief, by and with the advice of the privy council for the time being, shall have power and authority, and he is hereby authorized and impowered, whenever and as often as the public service shall require it, to issue his orders to the several committees of theparishes and districts throughout this State, or such of them as he, with the advice aforesaid, shall judge proper, demanding of them, respectively, such number of able male slaves, fit for labour, as shall, in his discretion, be thought adequate to the exigency of the case, and the circumstances and abilities of the district. And the said committees, or any three or mrre of their members, respectively, are hereby empowered and required, immediately on receiving such orders, to proceed, in the most expeditious manner, to rate and fix the proportion that each owner of slaves within their respective parishes and districts shall be obliged to furnish towards completeing the number of slaves demanded, according to the best information or knowledge they can obtain. And the said committees, or any three or more of their members, respectively, having determined and agreed on the quota of each owner, shall forthwith give notice thereof, in writing, requiring such owner and owners, or in his or their absence, the overseer or manager, at a day certain, to cause so many able bodied male slaves as in the said notices, respectively, shall be specified, to be conveyed, with the utmost dis- patch, to the place or places appointed by the President's order, furnished with such tools and implement*, if in the power of the owner, as shall be directed and required. II. Ajvd be it further ordained by the authority afore- said. That if any owner or owners of slaves, the overseer or manager thereof, having notice as aforesaid, shall refuse or neglect to send and convey the negroes required of him or her, as his or her quota and proportion, and shall not LAWS OF SOUTH CAROLINA, 1116. 881 actually and faithfully cause the said negroes so allotted, to proceed to the place of their destination, according to the notice given by such committees, or any three or more of their members, respectively, that then and in every such case, the said committees, respectively, shall have power, and they, or any three or more of their members, respectively, are hereby authorized and required, by warrant under their hands, directed to any one or more persons, to cause such and so many negroes belonging to the person or persons so neglecting or refusing, as were ascertained as his or her quota, to be immediately im- pressed, seized and conveyed to Charlestown, or other place of destination, there to be employed and kept in the public service, for and during the space of three months, if so long wanted, without any pay, wages or allowance whatever to the owner or owners thereof. III. And ie it further ordained by the authority afore- said, That if it shall appear to the said committees, or any three or more of their members, respectively, more con- ducive to the pubhc service, or more convenient to the inhabitants in general, that then they shall use their best discretion and judgment, either to take the number of negroes required by the President's order, from the whole district or parish, in equal proportions, according to the number each owner possesses, or to divide and parcel the district or parish into classes or divisions, obhging each class or division alternately to supply the number re- quired, and to relieve each other by turns, at the expira- tion of a certain given time; or to make such other just and equitable arrangement or regulation in the premises, as may best suit the particular circmnstances of the peo- ple, or most effectually promote the public good ; provided always, that no negroes so sent and employed on the pub- lic works, shall be returned or discharged until a like number shall actually arrive to replace them, if wanted. IV. And he it further ordained by the authority afore- said, That every owner who shall, in obedience to this Ordinance, send his slaves to work on the public account, agreeable to the appointment of the committees, or any three or more of their members, as aforesaid, respectively, shall receive for each negro, per day, the sum of ten shil- lings, current money, free of deduction, from the time of leaving their master's or mistress's service to the time they may be discharged from the public service, allowing 37639°— 18 56 882 EEVOLUTIONAEY LEGISLATION. a reasonable time for returning home, over and besides the maintenance of the said slaves. V. And he it further ordained by the authority aforesaid, That the said committees, or any three or more of their • members, respectively, shall have power and authority, and they are hereby required, to cause a double proportion of slaves to be sent to work for the public benefit, as afore- said, from all and every person and persons resident in their respective parishes and districts, who have not sub- scribed the general association oi the inhabitants of this State, and taken the oath of fidelity to the present govern- ment of the same, or who shall refuse to subscribe the said association, or take the said oath, on its being tendered by any of the members of the committees, as aforesaid, who are hereby severally authorized and impowered to admin- ister such oath. VI. And he it further ordained by the authority afore- said, That this Ordinance shall be of force for and during the term of one year from the passing thereof. THOS. SHUBRICK, Speaker of the Legislative Council. JAMES PARSONS, Speaker of the General Assemhly. In the Council Chamber, the 9th day of Octoher, 1776. Assented to: J. RUTLEDGE. [4 Cooper's Stats. 379.] No. 1040. AN ACT FOB IMPOWEEING THE COMMISSIONERS THEREIN NAMED TO PUBCHASB CERTAIN LANDS IN ChRIST ChURCH PaEISH, AT OR NEAR THE PLACE CALLED HaDDREL's PoINT, AND VESTING THE SAME IN THE Commissioners op the Treasury, for the use op this State, and for other purposes therein mentioned. WHEREAS, it is necessary, for the service and security Preamble. of this State, that proper barracks be built at or near the place called Haddrel's Point, near SulUvan's Island, for the accommodation of such troops as it may be expedient to post or station there for the defence of American rights, during the war with Great Britain; I. Be it therefore enacted by his Excellency John Rut- ledge, Esquire, President and Commander-in-chief in and over the State of South Carolina, and by the honor- able the Legislative Council and General Assembly of the said State, and by the authority of the same. That LAWS OF SOUTH CAROLINA, Vjll. 883 Colonel Charles Pinckney, General Wm. Moultrie, Major ^^^?S[^j,''°S- Barnard Beekman, Daniel Cannon and Gabriel Capers, ^^Jj,^"^^"^* Esqs. be, and they are hereby appointed, commissioners, with full power and authority to any three or more of them, to contract with and purchase of the owner or owners of lands at or near Haddrel's Point, such part or quantity of the same as may be necessary for the building and erecting of public barracks and fortifica- tions thereon, and for other military purposes. II. And he it further enacted by the authority afore-, vaiue of the ■' J J laai to be ascer- said, That it shall and may be lawful for the commis-ta'.°«d \y ^p- ' . . . praisement. sionors aforesaid, or a majority of them, to cause to be laid out and ascertained such part and parcels of the said land as to them shall seem necessary for the purposes aforesaid, and to cause the said parts and parcels of land, so laid out and ascertained as aforesaid, to be valued and appraised by four indifferent persons, being freeholders, two whereof shall be. chosen by the said commissioners or a majority of them, and other two by the owner or owners of such parts and parcels of land so laid out as. aforesaid; which said appraisement shall be returned upon oath, under the hands and seals of such appraisers, within ten days from the time of their being appointed appraisers as aforesaid: Provided never- ProTiso. theless, that if such appraisers cannot agree within the time herein limited, that then it shall and may be lawful for them to choose a fifth person, who shall make such valuation and the appraisement as aforesaid, within five days after such appointment, which shall be under hand and seal, and returnable as aforesaid; and which said valuation and appraisement, made by such ap- praisers, or such other fifth person chosen by them, and returned in manner as before mentioned, shall be binding and conclusive on all parties whatsoever. III. And ie it further enacted by the authority aforesaid. That in case any proprietor or owner of lands at or , "? J^^ <" °°s: ^^ r r lect of owners of near Haddrel's Pomt, which may be laid out and ascer- '*°<''"=<"™^^'9°: ' »' ers may appoint tained as aforesaid, for the purposes aforesaid, shall *''**PPf»'s«''s- refuse or neglect to appoint two appraisers in his, her or their behalf, as aforesaid, within five days after being warned so to do by the commissioners aforementioned, or a majority of them, that then it shall and may be lawful for the said commissioners, or a majority of them, to nominate four indifferent persons, being freeholders, who shall value and appraise such land and return such 884 EEVOLUTTONAEY LEGISLATION. valuation and appraisement in manner as before directed; which shall be binding and conclusive on all parties whatsoever. IV. And he it further enacted by the authority afore- ton?utrithep^^-^^^*^j That the owner or owners of all such parts and der''orthe'prMiIP^^^®^ °f land, which shall be valued and appraised dent. under and by virtue of this Act, for the purposes afore- said, shall be paid for the same out of the public treasury of this State, according to such valuation or appraise- ment, immediately after such appraisement shall be returned by the appraisers, in manner as before men- tioned, to the commissioners appointed by this Act, and after the said commissioners or a majority of them shall certify the same to the President and Privy Council for the time being, who shall make an order on the treasury for such payment as aforesaid. V. And he it further enacted by the authority aforesaid, the°coi^*^?o?-'^^^* ^^^ ^^^^ parts and parcels of land as shall be valued ersofthetreasury. and appraised Under and by virtue of this Act for the purposes aforesaid, shall, immediately after the date and return of such appraisement, become vested in the commissioners of the treasury for the time being, in trust for and to the use of this State, and to no other use or purpose whatsoever; and that the owner or owners of such parts and parcels of land shall, upon receipt of the amount of such appraisement, make and execute proper deeds and conveyances in law, for con- veying and assuring of the same to the commissioners of the treasury for the time being, as aforesaid, according to the intent and meaning of this Act. VI. And he it further enacted by the authority afore- commissionersgaid. That the commissioners named and appointed impowered to lay . ' . ,. i • i • • i ■, out roads. m and by virtue of this Act, or a majority of them, shall have full power and authority to lay out and make any road or roads through any land whatever, from Hobcaw to Sullivan's Island, and from the aforesaid barracks at or near Haddrel's Point or Shem Creek, and from the barracks as aforesaid to Greenwich Bay, which may be necessary, proper or convenient for the more safely, easily or expeditiously conveying provisions or stores or marching troops, belonging to this or any of the United States, to the said barracks, at or near Haddrel's Point and Sullivan's Island, as aforesaid; and that where any such road or roads shall be made as aforesaid, through any land or lands of private LAWS OF SOUTH CAROLINA, 1'7'7'7. 885 persons, the damage sustained thereby by the owner or owners of such lands, shall be valued and appraised in manner as before directed, and which said valuation and appraisement shall be binding and conclusive on all parties whatsoever; and, on being certified by the said commissioners, or a majority of them, to the Presi- dent and Privy Council, in manner as aforesaid, such damage or damages, so valued and appraised, shall be paid out of the public treasury of this State to the person or persons respectively sustaining the same. VII. Avd he it further enacted by the authority afore- said, That in case any of the commissioners appointed j^^l^^J^^^' '"'" under and by virtue of this Act shall happen to die, depart the State, or refuse to act, that then it shall and may be lawful for the others of them to appoint a commissioner or commissioners Ln the stead of him or them so dying, departing the State, or refusing to act, who shall have the same powers and authorities as if they had been originally named in this Act. VIII. And ie it further enacted by the authority afore- said. That any commissioner or commissioners appointed „,» °b"^1eadai" in or who shall be hereafter appointed tmder and by virtue of, this Act, and every other person acting by or imder their authority, who shall be sued, prosecuted or molested for any matter, cause or thing whatsoever, done or executed, or caused to be done or executed by virtue of or in pursuance of this Act, may plead the general issue and give this Act and the special matter in evidence; and in case the plaintiff or plaintiffs shaU suffer a discontinuance, become nonsuit, or a verdict shall pass against him or them, he or they shall forfeit and pay treble costs of suit. HUGH KUTLEDGE, Speaker of the Legislative Council. JOHN MATTHEWS, Speaker of the General Assernbly. In the Council Chamber, the IZth day of February, 1777. Assented to: J. RUTLEDGE. 886 REVOLUTIONARY LEGISLATION. [4 Cooper's Stats. 394.] No. 1053. ^jf ORDINANCE to carry into effect an Ordinance entitled "An Ordinance to direct the manner of procuring Negroes to he em- ployed in the public service." Preamble. WHEREAS, on the ninth day of October last, an ordinance was passed, entitled "An Ordinance to direct the manner of procuring negroes to be employed in the public service;" and whereas, it hath been found that the said ordinance hath not produced the effect intended by reason that in some places committees have not acted or have been dilatory in the execution of the said ordi- nance, to the great prejudice of the public; for remedy whereof, I. Be it ordained, by his Excellency John Rutledge, Esq., President 'and Commander-in-chief of the State of South Carolina, by the honorable the Legislative Council and General Assembly of the said State, and by the The President authority of the same, That whenever and as often as mittosTo cMn^his Excellency the President, by virtue of the authority the said ordinance . .. ,i-i,i • t i> iii- i intoeflect. in him Vested by the said ordinance, shall issue or have occasion to issue requisitions for negroes for the public service, and there shall not be any acting committee in the parish or district from which such negroes shall be required; or if, in such parish or district, the committee shall, for the space of ten days, be dilatory in furnishing the negroes so required; in any and every such case, his Excellency the President, with the advice of the Privy Council, shall nominate and appoint, from time to time, fit and proper persons in any and every such parish or district, to carry into execution the said ordinance, in as full and ample manner as any committee might or could, by virtue of the "said ordinance; any thing therein con- tained to the contrary notwithstanding. HUGH RUTLEDGE, Speaker of the Legislative Council. JOHN MATTHEWS, Spealcer of the General Assembly. In the Council Chamber, the lith day of February, 1777. Assented to: J. RUTLEDGE. LAWS OF SOUTH CAEOLINA, 1111. 887 Fieamble. [4 Cooper's Stats. 395.] AN ACT TO PROHIBIT THE SALE OF GoODS, WaRES AND MbRCHAN- NO. 1055. DizES, BY Public Vendue, in this State. WHEEEAS, the sale of goods, wares and merchan- dizes, by pubUc vendue, by the common practice of persons buying up and engrossing, at such sales, large quantities of commodities, at extravagant prices, without regard to their value, with a view of obtaining an un- reasonable advance in retailing the same to such as are in want of them, hath not only raised the price of almost every necessary article to a most exorbitant and expen- sive height, whereby it is extremely difficult for the poor and industrious to procure the common conveni- ences of life, but hath tended greatly as well to depreciate the currency of the Continent and of this State, as to the impoverishment of many honest handicrafts-men and others, who, by mis-spending and loitering their time, in expectation of gaining bargains at such sales and outcries, have greatly neglected their respective occu- pations; for remedy whereof, and for prevention of such evils and inconveniences, I. Be it enacted, by his Excellency John Kutledge, Esq., President and Commander-in-chief in and over the State of South Carohna, and by the honorable the Legislative Council and General Assembly of the said State, and by the authority of the same. That from and'^^^^f?^^'*^^™^''. immediately after the passing of this Act, no public ''•"^■ vendue or auction of goods, wares or merchandizes, shall be held or made, any where within this State, by any per- son or persons whomsoever, except as is hereinafter ex- cepted by this Act. II. And be it further enacted by the authority aforesaid, ing |oods^ Si^ by That if any person or persons shall, contrary to the™""^"®' directions of this Act, expose to sale, or sell, or cause or procure any other person or persons to expose to sale or sell, by public vendue or outcry, any goods, wares or merchandizes, (except as hereinafter excepted,) aU and every such person or persons in any such case so offend- ing shall, for every such offense, forfeit and pay the s nm of five thousand pounds current money of the State aforesaid, to be recovered by action of debt, bill or plaint, by any person who will sue for the same, in any court of record in this State, wherein no privilege, protection, essoign, wager of law, or any more than one imparlance, No public ven- due to be held in 888 EEVOLUTIONABY LEGISLATION. shall be admitted or allowed; the one half of which for- feiture shall be for the use of such person suing for the same, and the other half shaU be paid into the treasury of this State, for the use of the State. othoroffice?smay ^^- P'f'ovided olways, and it is hereby further enacted, cm"xl°'S;ion^&™'^^*''* nothing herein contained shall extend, or be con- bypubUcvendue. strucd to extend, to hinder any sheriff, constable or other ofl&cer, acting under legal authority, from seUing and dis- posing of, at public vendue, any goods, wares or merchan- dizes, taken and seized on execution, and hable to be sold by order of any law or judgment, or decree of any court, either of law or equity, of this State; or to hinder anyperson or persons from selling or exposing to sale, by public vendue or otherwise, any goods or chattels whatsoever, taken and distrained .''or rent in arrear ; or to prevent the pubUc sale of any ship, vessel or goods whatever, seized, UbeUed and con- demned in the court of admiralty of this State, as lawful prize, or otherwise forfeited by the laws of this State, or the resolves of the honorable the Continental Congress, relative to the capture of prizes, or the regulation of trade, or any other ship or vessel; or to prohibit any lawful executor or executors, administrator o ■ adminis- trators, from exposing to sale, by publi; vendue, any goods or chattels which were of their respective testator's or intestate's; or to prevent any person or persons from selling, at pubhc sale, their lands, tenements, Hve stock, negroes, books, household furniture, or damaged goods; any thing herein contained to the contrary notwithstand- ing. IV. And he itjurther enacted by the authority aforesaid. That nothing herein contained shall extend, or be con- strued to extend, to prohibit any merchant, trader or ti^^'"''^ ®'''*P" factor, who really has occasion to fini h an account of sale of any goods, wares cr merchandizes, and shall m ke oath before the Secretary of this State for the time being, who is hereby impowered to administer such oath, that such goods, wares or merchandizes have been actually in the store of such merchant, trader or factor,, making such oath, for sale, for the space of one whole year; in which case, every such merchant, trader or factor shall be at liberty to sell and dispose of, at pubhc sale, such goods, wares and merchan- dizes, so sworn to as aforesaid, in manner as if this Act had never been made. LAWS OF SOUTH CAROLINA, 1111. 889 V. ATid he it further enacted by the authority aforesaid, That in case any person or persons shall be sued or prose- m°/be pieiied* cuted for any naatter or thing by him or them done by virtue of or in pursuance of the direction of this Act, it shall and may be lawful to and for such person or persons to plead the general issue and give this Act and the special matter in evidence; and in case the plaintiff or plaintiffs shall discontinue his, her or their action, become nonsuit or a verdict shall pass against him or them, the court in which such action shall be sued or commenced shall tax and allow to every such defendant or defendants, his, her or their double costs of suit, for which the said defend- ants shall have like remedy as by law is given to other defendants. VI. And ie it further enacted by the authority aforesaid, ' imitation. That this Act shall continue and be in force until the first day of January, one thousand seven hundred and seventy- nine, and no longer. HUGH RUTLEDGE, Speaker oj the Legislative Council. THOMAS BEE, Speaker of the General Assembly. In the Council Chamber, the 22d day of August, 1777. Assented to: J. RUTLEDGE. [4 Cooper's Stats. 399.] AN ORDINANCE to prohibit the importation op British Goods, No. 1059. FOR distribution OP MONIES ARISING PROM THE SALE OP PORPBITED GOODS AND MERCHANDIZES, AND OTHER PURPOSES. WHEREAS, during the present unnatural war, carried on by Great Britain against the United States of America, it would be highly impolitic, as well as injurious to the interest and safety of the said States, that any commercial Preamble, intercourse should be carried on by this State with any of the dominions of the King of Great Britain, and it is necessary, in order to prevent the same, that proper regulations be established by law for the discovery and punishment of all persons who shall in any such manner offend ; I. Be it therefore ordained by his Excellency John Rutledge, Esquire, President and Commander-in-chief in and over the State of South Carolina, by the honorable 890 EEVOLTJTIONAEY LEGISLATION. p ?r t'l^'d*''r olSi ^^® Legislative Council and the General Assembly of the besliz^"andfor-S»id State, and by the authority of the same. That all leited. goods, wares and merchandizes which shall be imported into this State, contrary to the regulations established by the honorable the Continental Congress and the laws of this State, and thereby become forfeited, shall, after con- demnation thereof, be sold, and the monies arising from such sales be disposed of in the following manner, (that is to say) one fourth shall be to the use of such person or persons giving information of such goods so imported, and prosecuting the same to condemnation in the court of admiralty of this State; and the remainder of the said monies shall be paid into the public treasury, for the use of this State: Provided nevertheless, that nothing herein contained shaU extend or be construed to extend to any capture or captures made in any port or harbour of this State, by any Continental vessel of war, or any vessel of war of this State, or any private vessel of war, fitted out by private persons. II. And he it further ordained by the authority afore- said, That the money arising from the sale of any ship Money raised OP vesscl, her tackle, fumiture and apparel, and any by the sale of ves- ' ' ^^ ^ ' ^ •J seized ^how' to'be Soods, warcs and merchandizes, already seized in any of disposed of. ^j^e ports and harbours of this State, and condemned and sold as forfeited, according to the resolves of the honorable the Continental Congress, shall be distributed and disposed of in the following manner, (that is to say) one fourth thereof to the use of the person who hath given information of and prosecuted the same to con- demnation, and the remainder of Ijhe said monies shall be paid into the public treasury, for the use of this State. Twomorenavy ijj j^^fj whereas, it is expedient and necessary that commissioners to . . . be chosen. jj^g present number of commissioners appointed for the direction and superintendence of the navy of this State, should be increased to nine, the present number of seven rendering it difficult to form a quorum for the dispatch of business; Be it therefore ordained by the authority aforesaid, That immediately after the passing of this ordinance, two persons shall be chosen, in manner and form directed by law, as commissioners for the super- intendence of the navy of this State, in addition to the number of commissioners already prescribed by law; who shall have and exercise all the powers, privileges and authorities incident to and vested in the said office of commissioner of the navy by any law of this State. LAWS OF SOUTH OAEOLINA, 1111. 891 IV. And he it further ordained by the authority afore- said, That instead of seven there shall hereafter be nine comSioners!^* commissioners for the superintendence and direction of the navy of this State; which said commissioners, or any three or more of them, are hereby vested with all the powers and authorities which any commissioners of the navy have hitherto legally held or exercised; any law, custom or usage in any wise to the contrary notwith- standing. V. And whereas, by an Act of the General Assembly t„^'^J?«°™*^'«y^ of this State, passed the thirteenth day of February, one prisoners^, to''''re- thousand seven hundred and seventy-seven, entitled ^*^™ thl^'^puMc "An Act to impower the Court of Admiralty of this State *'«^'"^y- to have jurisdiction in all cases of capture of the ships and other vessels of the inhabitants and subjects of Great Britain, to establish the trial by jury in the said court in cases of capture, and for other purposes therein men- tioned," it is thereby enacted, that if any mens' shares shall remain in the hands of the agents and marshal for the space of nine months after such notice, without being legally demanded, then such share or shares so remaining in the agent and marshal's hands, as aforesaid, shall be paid into the public treasury, for the use of this State; Be it further ordained by the authority aforesaid, That the said clause is hereby declared not to extend to such seamen as have been or shall be taken prisoners on board any vessel of war of this State, before the time limited for the payment of such seamen's distributive share of prize money: Provided Idways, that such sea- man's share, so taken prisoner as aforesaid, shall, never- theless, be paid into the public treasury, there to remain until claimed by him or them respectively. HUGH RUTLEDGE, Speaker of the Legislative Council. THOMAS BEE, Speaker of the General Assembly. In the Council Chamber, the 23(Z day of August, 1777. Assented to: J. EUTLEDGE. 892 EEVOLUTIONAEY LEGISLATION. [4 Cooper's Stats. 402.] No. 106S. ^]^ ACT TO REPEAL AN AcT ENTITLED "An Act to prohibit the Sales of Ooods, Wares and Merdumdizes, by Public Vendue, in this State," PASSED THE 22d DAY OP AtJGUsT, A. D. 1777; ALSO, AN Ordinance imposing penalties on horse-eactng, passed the 14th day op February, 1777; and to regulate in future the Sales op Goods, Wares and Merchandizes, by Public Vendue. WHEREAS, an Act was passed during the last sitting Preamble. of the present Assembly, entitled "An Act to prohibit the sales of goods, wares and merchandizes by public vendue in this State," which has not effected the salutary pur- poses for which it was made; I. Be it therefore enacted by his Excellency John Eut- ledge, Esq., President and Commander-in-chief in and Former Vendue over the State of South Carolina, by the Honorable the ctrep e . Legislative Council and General Assembly of the said State, and by the authority of the same. That the said Act be, and it is hereby, repealed, and declared null and void, and of no effect whatever. II. ATid ie it further enacted by the authority aforesaid. That it shall not be lawful for any person or persons whom- vendae sales to soever, hereafter, to sell, or expose to sale, by public ven- Tuesdays'anddue, in Charlestown, any sorts of goods, wares and mer- Thuisdays. chandizes, whatsoever, on any other days in the week than upon Tuesdays and Thursdays, under the pain of forfeit- ing the sum of five hundred pounds current money, for every offence, to be recovered by action of debt or infor- mation, in any court of record in this State, by any person or persons who will sue for the same, to his or their own use. III. And whereas, a practice hath heretofore prevailed among vendue masters, of setting up to sale large quanti- ties of goods, wares and merchandizes, in one lot, whereby shop-keepers are alone enabled to purchase at such sales, and persons who are desirous of buying merely for the use of their families, are thereby prevented; for remedy of GeodstobesoidSO great an evil, therefore, Be it enacted by the authority by^ttie piece or ^j jjj.gg^-jj^ rj^^^^ j^^^ ^^^ ^f^^^ ^^^ passing of this Act, it shaU not be lawful for any person or persons whomso- ever, to set up to public sale, in one lot, more than one piece of any sort of woollen, cotton or linen cloth, or more than one dozen of such other kinds of goods, wares or merchandizes, as are usually put up or sold by the dozen, and so in the same proportion as to quantity, quality or value of any other kind of goods, on pain of forfeiting the LAWS OF SOUTH CAROLINA, 1'778. 893 whole of such goods, so exposed, to sale in such lot or lots, to the sole use of any person or persons who will seize the same. IV. Avid he it further eriacted by the authority afore- said. That if any person or persons shall be sued or prose- cuted for any matter or thing by him or them done in pur- General issue •^ e> J r- may be pleaded. suance of the directions of this Act, it shaU and may be lawful for such person or persons to plead the general issue, and to give this Act and the special matter in evi- dence; and if the plaintiff or plaintiffs shall discontinue, become non-suit, or a verdict shaU pass against him or them, the defendant or defendants shall be entitled to re- cover his or their double costs of suit, and to have the like remedy for them as by law is given to other defendants. V. And be it further enacted by the authority aforesaid, That an ordinance of the General Assembly, passed the fourteenth day of February, one thousand seven hundred aglinst'^hJ)*"™ and seventy-seven, entitled "An Ordinance imposing' penalties on horse-racing," be, and the same is hereby, repealed, to all intents and purposes whatsoever. VI. And he it further enacted by the authority aforesaid. That this Act shall continue, and be of force for two years from the passing thereof, and no longer. HUGH EUTLEDGE, Speaker of the Legislative Council. THOMAS BEE, Speaker of the General Assembly, In the Council Chamber, the 6th day of February, 1778. Assented to: J. RUTLEDGE. racing, repealed. Limitation. [4 Cooper's Stats. 404.] AN ACT FOR VESTING SIX HUNDRED ACRES OF LAND, WHEREON THE ^"^ ^'^■ IRON WORKS OF JoSBPH BUFFINGTON ARE, IN THE TREASURERS OF THIS State, for and upon certain uses and trusts; and aiso VESTING ANOTHER PARCEL OF LAND IN THE SAID TREASURERS, FOR THE USB OF THIS STATE. WHEREAS, the late Congress of this State, desirous of P"™bie. encouraging the manufacture of iron within the same, have advanced, on loan, to Joseph Buffington, of Law- son's Fork, in the said State, the sum of six thousand three hundred and eighty-one pounds eight shilhngs and ten pence current money, for the carrying on of such manufactory, on condition that WiUiam Woffard and 894 REVOLUHONAKY LEGISLATION. others, having any title to fifty acres of land conveyed to the said Joseph Buffington by James Macilroy, and whereon the said iron works were supposed to be erected at the time of such loan, should release such their title therein to the said Joseph Buffington; and the said Joseph Bufl&ngton, in consequence of such resolve, hath mortgaged to the pubhc treasurers of the State aforesaid, the said fifty acres of land, and a tract of one thousand acres conveyed to him by Thomas Ferguson, Esq. as a security for the said siun of six thousand three hundred and eighty-one pounds eight shillings and ten pence, and in trust that, if the said Joseph Buffington should not. pay into the treasury of the State aforesaid the said sum of six thousand three hundred and eighty-one pounds eight shillings and ten pence, within four years from the time of such mortgage, the said fifty acres of land and the iron works thereon, and the said tract of one thousand acres, should be then sold by the treasurers of the State for the time being, for the payment of the said sum of six thousand three hundred and eighty-one pounds eight shillings and ten pence, paying the over- plus to the said Joseph Buffington, according to the said resolve of Congress; and whereas, it is now found that the said iron works, by some mistake, are not erected within the hmits of the said Joseph Buf&ngton's tract of fifty acres, conveyed to him by the aforesaid James Macihoy, as aforesaid, and by him mortgaged as afore- said, but are without the same, and on lands not granted, but stiU vacant, on Lawson's Fork, a branch of Pacolet river, in the State aforesaid; and that Wilham Wofifard hath, by fraudulent means, by warrant of survey, ob- tained in the name of Thomas Waddill, for the surveying of six hundred acres, and by another warrant of survey in the name of Robert Hamet, for the surveying of five hun- dred and fifty acres, endeavoured to obtain a grant for the nominal number of eleven hundred and fifty acres of land, contiguous to the aforesaid tract of fifty acres, but in fact for a larger quantity of acres, so as to include the said iron works, to the great injury of the said Joseph Buffing- ton, and to the prejudice of the security which is given by him for the payment of the aforesaid smn of six thousand three hundred and eighty-one pounds eight shilUngs and ten peace; for remedy whereof , and in order the more effectually to accomplish the end 0/ the said resolve of Congress, and the agreement' of the said Joseph Buffington. LAWS OP SOUTH CAROLINA, 1118. 895 I. Be it enacted by his Excellency John Rutledge, Esq., ioZ^to%Ti^u. President and Commander-in-chief in and over the ''**®''' ^"'^y*^- State of South Carolina, by the honorable the Legisla- tive Council and General Assembly of the said State, and by the authority of the same, That immediately after the passing pf this Act, it shall and may be lawful for the public treasurers of this State for the time being, and who are hereby directed and required, to appoint a lawful surveyor to make a just and accurate survey of the number of acres contained in the survey already made by the aforesaid WilHam Woffard, and ascertain the exact number of acres contained in such survey, and also to parcel off from the said number of acres, so sur- veyed, the quantity of six hundred acres, in a distinct parcel or body, contiguous to the fifty acres conveyed to Joseph Buffington by James Macilroy, as aforesaid, so as to include the iron works of the said Joseph Buffing- ton; such survey to be returned, duly certified on oath, into the treasury of this State, within four months thereafter. II. And be it further enacted by the authority aforesaid, the™ubii^'tre^- That the parcel of six hxmdred acres of land, so to be ^/^l' ^'nVpS" surveyed as aforesaid, together with all the buildings and p°^*^- improvements thereon, shall, immediately after and from the time of such survey, become and is hereby de- clared to be vested in the commissioners of the treasury of the State aforesaid, and their successors in the said office of treasurers, for the following uses and purposes, (that is to say,) in trust that ii the said Joseph Buffington shall, within four years next ensuing, from the eighteenth day of May, in the year of our Lord one thousand seven hundred and seventy-six, pay into the public treasury of this State, tor the use of the same, the aforesaid sum of six thousand three hundred and eighty-one poimds eight shillings and ten pence, without interest, that then and in such case the said six hundred acres of land, with the buildings thereon, as aforesaid, shall become vested in and remain the property of the said Joseph Buffington, his heirs and assigns, for ever; but if in case the said Joseph Buffington shall not pay the said sum of six thousand three hundred and eighty-one pounds eight shillings and ten pence, within the time Umited as afore- said, that then and in such case the said commissioners ot the treasiu-y oi the State aforesaid, or their successors, shall sell and dispose of the same for the payment of 896 BEVOLUmONAEY LEGISLATION. the said sum of six thousand three hundred and eighty- one pounds eight shilUngs and ten pence; and the balance of the money arising from such sale, after deducting the usual commissions, shall be paid by the said commis- sioners of the treasury to the said Joseph BuflBngton, his heirs or assigns. ptasSnma! after ^^^- ^^ ^« ^* further enacted by the authority afore- the survey. said. That after parcelling and allotting the aforesaid tract of six himdred acres, in manner as aforesaid, the remainder of the number of acres found by the survey to be made and returned into the treasury of this State as aforesaid, shall become, and is hereby declared to be, vested in the commissioners ot the treasury of the State aforesaid, in trust, and to and for the uses of the said State. Grants ot the IV. And be it further enacted by the authority aforesaid, said land, here- i • , , n ■. p i i after made, de- ihat any grant which shall hereafter be made of any of clared null and ^, , ,■' ° . • i i i i void. the lands beiore mentioned, and to be so surveyed as directed by this Act, by any person hereafter impowered to grant any of the lands of this State, shall be null and void, and ot no force or effect whatever. HUGH EUTLEDGE, Speaker of the Legislative Council. THOMAS BEE, Speaker of the General Assembly. In the Council Chamber, the 5th day of March, 1778.' Assented to: J. RUTLEDGE. [4 Cooper's Stats. 447.] No. 1098. AN ORDINANCE fok phohibiting the exportation op all kinds OF Provisions, Hemp and Cordage, prom this State, to certain TIMES THEREIN LIMITED; AND FOR INFLICTING PENALTIES ON ALL PERSONS WHO SHALL VIOLATE ANY EMBARGO WHICH MAT BE HERE- AFTER LAID BY His Excellency the Governor or Commander- in-chief OF THIS State, agreeable to the Constitution. Preamble. WHEREAS, the Legislature of this State think it expedient that an embargo should be laid on all kinds of provisions until the fifteenth day of November next, imless his Excellency the President, with the advice and consent of the Privy Council, shall think it expedient sooner to take off the said embargo, by proclamation; and whereas, it is also expedient that penalties should be inflicted on all persons who shall violate any embargo > See authorizing impressment, act of March 28, 1778, 9 McCord 678 LAWS OP SOUTH CAROLrNA, 1778. 897 which shall hereafter be laid agreeable to the Constitution of this State. I. Be it therefore ordained, by his Excellency Rawlins Lowndes, Esq., President and Commander-in-chief in and over the State of South Carolina, by the honorable the Legislative Council and General Assembly of the said State, and by the authority of the same, That it shall not be lawful for any person or persons, on or before the fifteenth day of November next, to ship, lade or receive on board any ship, vessel or boat, any rice, Indian corn, pease, flour, buiscuit, wheat, rye, small-rice, beef, pork, pro^s?ons''pro- bacon, or any other kind of provisions whatsoever, (except "'*"**'*• for necessary provisions on the then next intended voyage of such ship, vessel or boat) upon pain of forfeiting all and every the said provisions and other prohibited articles found on board the same, and also treble the value thereof to be paid by the owner or owners, shipper or shippers of such prohibited articles as aforesaid; one moiety thereof for the use of this State, and the other moiety to him, her or them who will inform and sue for the same, in any court of record in this State, by action of debt, bill or plaint, or in the court of admiralty of this State, which said court is hereby authorized and em- powered to have jurisdiction of every such cause, if brought before them, and shall proceed to hear, try and determine the same, agreeable to the directions laid down and prescribed by an Act of the General Assembly of this State, passed the thirteenth day of February, one thousand seven hundred and seventy-seven, entitled "An Act to empower the court of admiralty of this State to have jurisdiction in all cases of capture of the ships and other vessels of the inhabitants and subjects of Great Britain, to establish the trial by jury in the said court in cases of capture, and for other purposes therein mentioned;" and the master, mate and other mariners of any such ship, vessel or boat, wherein any such offence shall be committed, knowing the same and willingly aid- ing and assisting therein, and being thereof duly convicted as aforesaid, shall be imprisoned for the space of three months without bail or mainprise; Provided, neverthe- less, that nothing herein contained shall extend or be construed to extend to restrain or prevent any person or persons to ship and export any of the provisions before enumerated, after his Excellency the President, by and 37639°— 18 m 898 EEVOLUnONAEY LEGISLATION. with the advice and consent of the privy council, shall think proper to issue his Proclamation giving permission for exporting the said provisions or any part thereof, at any time before the said fifteenth day of November next. II. And be it further ordained by the authority afore- said. That whenever the Governor or Commander-in-Chief of this State, by and with the advice and consent of the Privy Council, shall think proper to issue and cause to lay °In™emb™r|o be published a Proclamation agreeable to the Constitu- by proclamation. ^-Qj^ of this State, prohibiting the exportation of any kind of provisions or other goods and merchandize, it shall not be lawful for any person or persons whomso- ever, to ship or lade on board of any vessel, ship or boat in this State, any such provisions or other goods or merchandize so prohibited by such Proclamation, upon pain of forfeiting all and every the said provisions and other prohibited articles found on board the said ship, vessel or boat, and also treble the value thereof to be paid by the owner or owners, shipper or shippers of such prohibited articles, one moiety thereof to the use of this State, and the other moiety to him, her or them who will inform and sue for the same, in any court of record in this State, by action of debt, bill or plaint, or in the court of admiralty as aforesaid. III. And whereas, the scarcity of hemp, cordage, salted beef and pork, in this State, makes it necessary that the same should be prohibited from being exported for a longer time than the aforementioned articles: Hemp, cordage, 5e it therefore ordained by the authority aforesaid. That it shall not be lawful for any person or persons whom- soever, from and after the passing of this Ordinance, to ship or lade on board of any ship, vessel or boat, for exportation, any hemp or cordage, or any salted beef or pork (except for necessary provisions on the then next intended voyage of such ship, vessel or boat from this State) until the first day of October, one thousand seven hundred and seventy-nine, on pain of forfeiting the said hemp, cordage, salted beef and pork, and also treble the value thereof, to be paid by the owner or owners, shipper or shippers, of such hemp, cordage, salted beef or pork, one moiety thereof to the use of this State, and the other moiety to him, her or them who win inform and sue for the same, in any court of record in this State, by action, of debt, bill or plaint, or in the court of admiralty as aforesaid; Provided always, that LAWS OF SOUTH CAROLINA, 1'7'79. 899 nothing herein contained shall extend or be construed to extend to prevent the Governor or Commander-in- chief for the time being, with advice of the Privy Council, from sending any provisions to any of the militia or troops of this State who may be sent out of the same on public service. HUGH RUTLEDGE, Speaker of the Legislative Council. THOMAS BEE, Speaker of the General Assembly. In the Council Chamber, the 28 That if any person or persons shall violate the pres- ent embargo, by loading or putting on board of any ves- Limitation of the same. bargo. LAWS OP VERMONT, I'lW. 905 sel, ship or boat, any goods, wares or merchandize, to depart this State, or by departing the same in any such vessel, ship or boat, the owner or owners, shipper or ship- pers, of such goods, wares or merchandize, vessels, ships or boats, shaU be liable to the same penalties, punish- ments and forfeitures as any person or persons are liable to by the clause in an ordinance passed the twenty- eighth day of September, one thousand seven himdred and seventy-eight, are made liable and subject to, for violating any embargo laid by the Governor's proclama- tion, according to the constitution; such penalties and forfeitures to be recovered and applied in the same way and manner as the said clause of the said recited Act or- dains. Provided always, that nothing herein contained shall extend, or be construed to extend, to prevent the Governor or Commander-iu-chief for the time being, with advice of the Privy Council, from permitting any vessel or vessels to depart the same, as he, with the advice aforesaid, may think necessary and proper for the public service. Ratified hy the General Assembly, in the Senate House, the 12th day of Fehruary, 1780. CHARLES PINCKNEY, President of the Senate. THOMAS FARR, Spealcer of the House of Representa- tives. ACTS OF VERMONT. (Printed from "Acts and Laws of the State of Vermont in America," printed by Judah Padock & Alden Spooner, printers to the General Assembly of said state, 1779.] PASSED AT GENERAL ASSEMBLY HELD FEBRUARY 11, 1779. [P. 33.] ^ An Act for preventing Wrong by Impresses. BE it enacted, and it is hereby enacted by the Representa- tives of the Freemen of the State of Vermont, in General Assembly met, and by the Authority of the same, That no No Person's -n lull 11JXJ TTTl c--,. ^"°^^ *° *>« '™ Person shall be compelled to do any Work or Service torpressei, unless ■•■ ^ QY wBrr&ut the Public, unless it be by Warrant from Authority, and he have reasonable Allowance therefor. Nor shall any Man's Horse, Cattle, or Goods, of what Kind soever, be impressed, or taken for any public Use or Service, unless it be by Virtue of such Warrant, nor without such reason- able Satisfaction: And if such Horse, Cattle, or Goods perish, or suffer Damage in such Service, the Owner shall suchtobepaid be duly recompenced. 906 REVOLUTIONAEY LEGISLATION. [102.] An 'Act to prevent the selling or transporting raw or untanned Hides or Skins out of this State. BE it enacted, and it is Tiereiy enacted hy the Representa- tives of (he Freemen of the State of Vermont, in General Assembly met, and hy the Authority of the same. That no Person or Persons shall, directly or indirectly, sell, or transport, or send away out of this State, (except it be to exchange for Leather) any raw or untanned Hides, or Skins of any neat Cattle, (Continental Property excepted) trlr^oHtii raw upon Pain of forfeiting the Sum of Tliirty Shillings Law- Sate. °"' "' '^" ^"1 Money, for every such Hide or Skin so sold, trans- ported, or sent away; one Half thereof to the Complainer who shall prosecute the same to Effect, and the other Half to the Treasury of the County where the Offence is committed. [Printed from Laws of Vermont, Department of Justice print.] An Act to prevent transporting Provisions out of this State. Preamble. WHEREAS large Quantities of Provisions are con^ tinually exported out of this State, which, if not imme- diately prevented, will render it impracticable to furnish the Troops raised for the Defence of the Northern Frontiers. Therefore, &e^ proh'ibued' ^^ *' Enacted, and it is hereby Enacted by the Representor of "iSe Continent ^'^'"^^ "/ *^^ Freemen of the State of Vermont, in General "ermited^by the -^**^™^^^ ™^*' '^^'^ ^V *^^ Authority of the Same, That any Governor. and all further Transportation of Wheat, Rye, Indian Corn, Flour or Meal of any Kind, as also Pork, Beef or any other Provisions whatever, that may be useful for re'^ulr^* to^s^M ^uPP^y™S *^® Troops raised by this State, be, and is siins^'S''mr°be thereby strictly prohibited and forbid to to be transported attempted or pur- out of this State, exccpt for the Use of the Continent, or chased to be car- ' ^ ' State""* °' ""^ *^^* ^^^ same be permitted by the Governor with the Advice of three or more of his Council. And all Sheriffs, Grand Jurors and Select-Men, in their respective Towns, and all Persons whatever within this State, are hereby authorized and required to seize any and every of the above-mentioned Articles, which they have Reason to of^aid sefzure"™ ^u^P®^* ^^y Person Or Persons may be carrying out, or ant&c^' ^^'^*" purchased to be carried out of this State, contrary to the true intent of this Act; and if need be, to command assistance, and make Returns in Writing, of said Seizure, to the next Assistant or Justice of the Peace; and unless said Person or Persons shall satisfy the Court before LAWS OF VERMONT, 1779. 907 whom the Examination be had, that he or they were not conveying any of the afore mentioned Articles out of shtS b^ lorfeiti'OT this State, said Articles shall be forfeit, or such Person JJ^yaLf^^r*'""' or Persons fined not exceeding Forty Pounds, at the Discretion of the Court before whom the Trial shall be had ; the one Half of the Forfeiture or Fine to the Use of this State, the other Half to the Person prosecuting to effect. Be it further Enacted hy the Authority aforesaid, That if so^^shaii" trSs- any Person or Persons shall transport any of the above gong ^^h^ffS- prohibited Articles out of this State, and be thereof con-^'theli^t™'"* victed before any Court proper to try the same, he or they shall forfeit and pay unto the Treasurer of this State the Value of said Articles so transported, to be recovered by BiU, Plaint, or Information. This Act to continue in Force until the fifteenth Day of August next, and no longer. AN ACT for the purpose of procuring Provision for the Troops, to be employed in the service of this State, for the year ensuing. Whereas, the state of the present currency, or medium of trade, is such that it is difficult to procure necessaries to supply the army, without calling on each town for a quota of such supplies. Therefore, Be it enacted, &c. that there be seventy- two thousand, seven hundred and eighty-one pounds of good beef; thirty-six thousand, three hundred and eighty-nine pounds of good salted pork, without bone, except back bone and ribs; two hundred and eighteen thousand, three hundred and nine pounds of good merchantable wheat fiour; three thousand and sixty-eight bushels of rye; six thousand, one hundred and twenty-five bushels of Indian corn, collected at the cost and charge of the respective towns in this State, and at the rates or quotas hereafter affixed to such towns; and that there be a Commissary General appointed, who shall take the charge of the same. And it shall be the duty of the select-men of each respective town, to procure such quota by the time or times hereafter directed by this act: which select-men are hereby impowered to levy a tax on their respective towns, for the procuring such quota; and also such quantity of salt, and number of barrels, as shall be found necessary for that purpose, and all the attending charges, either in the articles before described, or in silver or paper currency. 908 REVOLUTIOKAE"!' LEGISLATION. Be it further enacted, that if tlie select-men of any town neglect their duty herein, it shall be in the power of the Governor and Council, to issue their warrant to the sheriff of the county, or his deputy, commanding him to levy of the goods or chattels of such select-men, and dispose thereof according to law, a sufficiency to procure such quota; except it does appear to them that the people of the town, or one-third part thereof, were opposed to the select-men in procuring such provision : in which case it shall be in the power of the Captain General to issue his warrant to the said Commissary General, by himself or his deputy, to repair to such town, and there seize, transport, and dispose of, a quantity of any of the nec- essary articles, to the amount of such quota, belonging to such persons as have opf)osed the said select-men. Provided always, that the said select-men shall be accountable to the Commissary General, for the part of those who have not opposed such select-men. And whereas, there are several towns in this State, the inhabitants of which have not chosen, or do not choose, select-men according to law, and which towns the Commissary General may have no person to call on : — Which difficulty to remove. Be it enacted, that it shall be in the power of the Governor and Council, from time to time, to nominate and appoint a person or persons, in every such town, who shall have it in their power to transact the business in this act prescribed for select-men; and whose duty it shall be, to notify and acquaint the inhabitants of such town or towns, of the tenor of such act. Provided, that such person be not liable to be levied on as the select-men. But it shall be in the power of the Captain General, in case of such towns faihng to furnish their quota as aforesaid, to issue his warrant to the said Commissary General, directing him to repair to such town, by himself or his deputy, and there seize, transport, or dispose of, a quantity of any of the neces- sary articles, to the amount of such quota, belonging to any person, inhabitants of such town. And it shall be the duty of such Commissary General, to see that such provision be forwarded in such quantity, and at such time or times, as it shall be wanted for the use of the troops. And if it be found that there be a surplusage of provision for the army in service, it shall be in his power, with the advice of the board of war, to barter or LAWS OP VERMONT, 1779. 909 exchange such part of such provision as will appear necessary, for rum, salt, powder, lead, or other neces- saries for the army. Arid he it further enacted, that whatever selectmen, or other person appointed by the Governor and Council, shall embezzle, or be concerned in embezzling, or mis- applying any provision, collected for such quota, he shall forfeit and pay, treble value thereof, one moiety to the public, for the purpose of procuring provisions as. afore- said, the other to the person who shall prosecute to effect: and shall suffer disfranchisement. That if any select-man, or other person appointed by the Governor and Council, shall collect, store up, or deliver to the Commissary General, or his order, any provision, except such as is of a good quality, and well packed and saved; or of any other than the quality re- quired in this act, and be thereof convicted, he shall pay treble the value of the article he should have procured, to be disposed of as aforesaid; unless it appears that it was not through his neglect, or for want of properly attending to his duty. Provided always, it shall be the duty of the select-men to warn a town meeting, and consult the inhabitants on the method of procuring such provision. That the time for the flour, pork, rye and Indian corn, to be provided and stored in each town, be the first day of January next: that the time for the beef to be pro- vided and delivered, be, for the towns of Manchester Sandgate, and to the northward in the county of Ben- nington, the eighteenth day of December: that the time for the beef to be provided and delivered for the towns of Arlington, Sunderland, and all the towns to the south- ward thereof in said county, be, on or before the fifteenth day of January next; that the time for the beef to be provided and delivered for the county of Cumberland, be, on or before the 15th day of January next; And that all such beef be delivered on the foot, except such towns shall otherwise agree with the Commissary. Provided always, that the constables of the respective towns shall be obliged to attend to the orders of the select-men, with regard to collecting such provision, And in towns where there are no constable appointed, it shall be in the power of said select-men, or such other person or persons, as shall be appointed by the Governor and Council, to appoint a constable in every such town. 910 EEVOLUTIONAKY LEGISLATION. who shall have equal powers in collecting said articles, with other constables chosen in the usual manner. And ie it further enacted, that if the Commissary or his deputy, be impeded or resisted in collecting the articles aforesaid, he shall call to his assistance such part of the militia as he shall judge necessary, at the cost of the person or persons so impeding. And it shall be the duty of the said Commissary, or his deputy, to seize so much of the delinquents property, as will pay said costs, and rate, being sold at vendue. And be it further enacted, that to the end it may be known which town is guilty of embezzling, or misapply- ing, or being any ways concerned in collecting, storing up, or delivering to the Commissary, any provision, ex- cept such as is of good quality and well packed as afore- said; each town shall mark their barrels of provision, to be delivered as aforesaid, with the same mark as is established by law to brand their horses. And be it further enacted, that this act be forthwith printed and copies thereof sent to the respective towns in this State. And whereas the sum total of the lists of several towns, have not been brought in according to law; for which reason they have been assessed at the discretion, and according to the best judgment of this Assembly; by which means some of such towns may be aggrieved. Therefore, Be it further enacted, that on the application of any such town to the General Assembly, at their session in October 1781, shewing that such town was assessed higher than of right it ought to be, it shall be the duty of such future Assembly to make proper allowance to such town, on account of their next rate or tax. And if it be found that any town is not rated high enough, that matter shall be also rectified by a future Assembly. That the quotas for each town be as follows : TOWNS. Pounds w't of Flour. Pounds of Beef. Pounds of Salted Pork. Bushels of Indian Com. Bushels of Rye. Pownal Bennington Stamford... Shaftsbury. Arlington-. Sandgate... Sunderland Manchester. Ruport Dorset Pawlet 10,543i 16,025 750 12,559 5,366 514 2,707i 6,867 3,256 3,000 3,220i 3,514 6,341i 250 4,186^ 1,785 180 902i 2,289 1,089 1,000 1,073 1,757 2,6701 125 2,093} 892i 90 451i 1,144J 544i 500 536i 294 413 24 354 150 18 78 188 90 84 go 147 206i 12 177 75 94 45 42 45 LAWS OF VERMONT, 1179. 911 TOWNS. Pounds w'tof flour. Pounds of Beef. Pounds of silted Pork. Buchels of Indian Corn. Buchels of Rye. Danby Hardwich Wells Poultney Castleton Tinmouth Clarendon Eutland Shrewsbury Wallingford Pittsford District of Ira.. Hinsdale Guilford Halifax Whitingham — Brattleboro Marlborough — Dummerston. . - Newfane... Townshend Putney Westnainster — Athens Rockingham — Thomlinson Chester Londonderry — Springfield Aidover Cavendish Weathersfleld... Wilmington Windsor Reading Hertford Woodstock Hartford Pomfret Bernard Norwich Sharon Royalton Bethel Thetford Strafford Fairlee Moore town Newbury Corinth Kygate B'amet. ,, Feacham 4,284 75 1,800 2,795 2,031 4,271 5,119 5,818 300 1,672 900 1,500 3,000 7,500 4,500 1,500 6,750 2,100 5,250 3,000 3,750 6,000 1,750 900 6,150 300 3,000 1,500 3,000 300 600 1,611 2,338 11,813 351 3,193 3,543 3,750 2,400 1,200 6,000 1,200 1,392 . 600 3,000 2,400 900 1,500 5,700 900 1,800 750 750 1,428 25 600 932 677 1,424 l,706i l,939i 100 557 300 500 1,000 2 500 1,500 600 2,250 700 1,750 1,000 1,250 2,000 2,250 300 2,050 100 1,000 500 1,000 100 200 537 779i 3,937i 117 1,066 1,181 1,250 800 400 2,000 400 464 200 1,000 800 300 500 1,900 300 600 250 260 714 m 300 466 338 712 853* 969 50 278i 160 250 500 1,250 750 250 1,125 350 876 600 625 1,000 1,125 150 1,025 50 500 250 500 50 100 268 389 1,969 58J 633 590* 625 400 200 1,000 200 232 100 500 400 150 260 950 150 300 125 125 123 6 54 78 57 120 144 162 24 42 84 210 126 42 186 60 147 84 105 168 186 28 174 12 84 42 84 12 18 48 66 324 12 90 99 105 168 33 39 18 84 66 33 42 162 33 54 24 24 61i 3 27 39 28i 60 72 81 4i 24 12 21 42 105 63 21 93 30 731 42 621 84 98 15 87 a 42 21 42 6 9 24 33 162 6 45 491 521 33 161 84 161 191 9 42 33 161 21 81 161 27 12 12 An act for the reviving and continuing in force a certain Act of this State passed at Westminister March 1780, Entitled "an Act to prevent transporting Provisions out of this State." WJiereas, the public necessities require the preventing Provision being transported out of this State; Therefore, Be it enacted, and it is hereby enacted, iy the Repre- sentatives oj the freemen of the State of Vermont, in Gen- eral Assembly met, and by the Authority of the same, that the said Act be, and is hereby revived all and every part and paragraph thereof, except the clause prefixing the time when the Act should expire; and that the said Act shall continue in force until the rising of the next Session of this Assembly, and no longer: Provided that it also be in the power of the Governor, or Lieutenant 912 REVOLUTIONARY LEGISLATION. Governor, and two Councillors, or three Councillors, to give permits. Provided also that it shall be in the Power of the Governor and Council to take off said Embargo, if they find sufficient stores are procured for the Troops of this State, before the next Session as aforesaid. An Act to prevent Transporting of Provisions out of this State. printe/asAialing WHEREAS, large quantities of Provisions are con- i£f™°n!S'°S tinually exported out of this State, which, if not imme- printe^rapy"" ^ diately prevented, will render it impracticable to fur- nish the Troops raised for the Defence of the Northern Frontiers. Therefore I. Be it enacted, and it is Jiereiy enacted, iy the Repre- sentatives oj the freemen of the State of Vermont, in Gen- eral Assembly met, and iy the Authority of the same, that any, and all further transportation of Wheat, Rye, Indian Corn, Flour or meal, of any land; and also Pork, Beef or any other Provisions whatever, that may be use- ful for supplying the Troops raised by this State, be, and is hereby strictly prohibited and forbid to be trans- ported out of this State, except for the Use of the Con- tinent, or that the same be permitted by the Governor or Lieutenant Governor, and two Counsellors, or by three Councellors, exclusive of the Governor and Lieuten- ant Governor. And all Sheriffs, Grand Jurors, and Selectmen in their respective Towns, and all persons whatever within this State, are hereby authorized and required to seize any and every of the above mentioned Articles, which they have reason to suspect any person or persons may be carrying out, or purchased to be car- ried out, of this State, contrary to the true Intent and meaning of this Act ; and if need be, command Assistance, and make Returns in writing of said Seizure to the next Assistant, or Justice of the Peace; And unless said Per- son or persons shall satisfy the Court, before whom the Examination shall be had, that he or they were not con- veying any of the aforesaid Articles out of this State, said Articles shall be forfeit, or such person or persons fined, not exceeding forty Poimds, at the Discretion of the Court before whom the Trial shall be had — the one half of the forfeiture or Fine to the use of this State, the other half to the person prosecuting to effect. And II. Be it further Enacted by the Authority aforesaid, that if any person or persons shall transport any of the LAWS OF VERMONT, 1'7'79. 913 above prohibited Articles out of this State, and be thereof convicted before any Court proper to try the same; he or they shall forfeit and pay unto the Treasurer of this State, the values of said Articles so transported; to be recovered by BiU, Plaint, or Information. This Act to continue in force until the rising of the next Ses- sion of this Assembly. Provided always, that it shall be in the Power of the Governor and Coimcil to take off said Embargo, and if they find that sufficient Stores are procured for the Troops of this State, before the next Session, as afore- said. An Act to prevent the Transportation of Provisions out of this State. WHEREAS it is found, that ly the Transportation of fr«ambie. Provisions out of this State, it will Ve difficult, if not impos- siile, to provide for the Troops in the Service of said State the present Season; and UTcewise the Inhabitants will he put to great Dijjixulty in procuring necessary Provisions for their Support: Which Evil to prevent, BE it enacted, and it is hereby enacted by tlie BepresentOr- tobetrSJrted' tives of the Freemen of the State of Vermont, in General ^°^^^^'^''- Assembly met, and by the Authority of the same. That Irom and after the Eighth Day of July next, no Neat-Cattle, Beef, Pork, Wheat, E,ye, Indian Corn, Wheat or Kye Floiu", or Meal of any Kind, shall be transported out of this State, till the Rising of the General Assembly in October next, unless Permit be obtained, signed by an Assistant, or two Justices ol the Peace within the County where any such Articles are designed to be transported from; and that only to procure Salt for his or their Families Use. AND be it further enacted by the Authority aforesaid. That when any Person or Persons shall transport any or either of the aforesaid Articles as aforesaid, and be con- victed thereof, shall forfeit the Value thereof, for the Use of this State, to be recovered by Bill, Plaint, or Informa- tion, before any Assistant, Justice of the Peace, or other Authority proper to try the same. AND be it further enacted by the Authority aforesaid, tion^aSthori™to That upon Information made to any Assistant, Justice '/^^^^w^"»^*<" of the Peace, or other Authority proper to try the same within this State, that any Person or Persons shall have 37639—18 58 Penalty for transgression. 914 EEVOLUTIONAKY LEGISLATION. any of the aforesaid Articles, where there is good ground of Suspicion that he or they design privately to trans- port the same out of this State, that any such Assistant or Justice of the Peace is directed to issue his Warrant, directed to the Sheriff, his Deputy, or either of the Con- stables of the Town where any such Articles may be, to forthwith seize the same for the Use of this State; and Keturn shall be made of said Seizure to said Court, and also the Person from whom said Artiftles were seized, notified to appear (as specified in said Writ) before said Court, by reading the same in the Hearing of the Person from whom said Goods were taken, or by leaving an attested Copy of said Writ or Process at his, her, or their usual Place of Abode, if within this State, four Days before the Tryal for said Seizure. And in Case the Per- son from whom said Goods should be so taken, is not an Inhabitant, or Sojom-ner within this State, then such attested Copy to be left in Manner as aforesaid, at the Place where such seizable Good shall be found. And in Case such suspected Person do not satisfy the Court before whom the Tryal may be had, that he had no Design to convey said Article or Articles out of this State, contrary to this Act, Judgment shall be rendered against such Person for the Costs; and such Article or Articles shall be taken for the Use of this State. ProTiso. Provided nevertheless, That such Person or Persons from whom said Goods shall be so taken, shall be entituled to receive the common Market Price for his said Articles so seized; and the Commissary-General of Purchases is hereby directed to pay the same, power'^d dut?; -^ND it is hereby further enacted, That it shall be the Business and Duty of the Commissary-General, his Dep- uties or Agents, and Justices of the Peace, the Select- Men, or either of them, within any Town in this State, to prosecute and sue for the Forfeitures and Penalties in this Act afore-mentioned. And in Case any Commissary- General, or his Agents, the Select-Men, or either of them, within any Town in this State, shaU bring forward any Process for the Kecovery of the Forfeitures mentioned oorwTthe* oSs ^^ ^^^® ■^^*' ®^*^ °*'* Support the same in the Opinion of tpte restored. fj^Q Court before whom the Cause shall be tried, the Article or Articles taken and seized shall be immediately restored to the Owner, and such Defendant be allowed his reasonable Costs, to be paid by the Treasurer of this State. LAWS OF VIRGIlSriA^ I'JIS. 915 AND it is hereby further enacted, That the Commissary- costshowpaid. Greneral, his Deputies, Justices of the Peace, and the Select-Men within any Town in this State, shall receive a reasonable Reward for their Services, -in carrying this Act into Execution, to be paid by the Treasurer of this State, where the legal Fees arising from any Prosecution shaU not be found sufficient to pay them. AND it is hereby further enacted, That the Representa- j,e'Iet'upin°eLch tives of the several Towns within this said State, be'"'™- directed to post up a Notification in Writing, in the most pubHc Places within their respective Towns, as soon as may be, that all Neat-Cattle, Beef, Pork, Wheat, Rye, Indian-Corn, Wheat or Rye Flour, or Meal of any Kind, shaU not be exported from this State between the Eighth Day of July next, and the Rising of the General Assembly in October next, without a Permit therefor. AND it is hereby further enacted by the Authority ffl/bre- j^g™'j°"*°™ °' said, That this Act be in fuU Force in every part of this State, from the said Eighth Day of July next, as above- mentioned, Except in the County of Bennington; and that this Act take Place, and be in full Force in the County of Bennington, from and after the Rising of the present General Assembly, and to be in Force untU the Rising of the next Session of the General Assembly in October next. STATUTES OF VIRGINIA. (Printed from "The Statutes at Large; being a collection of all the Laws of Virginia, from the first session of the Iieglslature in the year 1619," published pursuant to an act of the General Assembly of Virginia, passed on the fifth day of February, 1808, Vols. IX and X, by William Waller Hening, J. & G. Cochran, Printers, 1821.] PASSED AT CONVENTION HELD AT KIOHMOND JULY 17, 1775. [1775, 9 Hening's Stats. 9, 24.] CHAP. I. An Ordinance for raising and embodying a sufficient force, for the defence and protection of this colony. And be it farther ordained. That the commanding jj^^^jP^^^™®"*'- officer of the regulars, or any battaUon, where occasion requires, shaU grant one or more warrants for impressing any carts, waggons, horses, boats, or other necessaries which may be requisite, from time to time, for pubhck service ; and the person receiving such warrant shall cause 916 EEVOLUTIONABY LEGISLATION. every article so impressed to be fairly appraised by two different freeholders, who are most conTenient to the place of impressment, to be chosen by him and the owner of such article, iiis steward, or overseer; and in case the two appraisers so chosen should disagree, they shall choose an imipire; which appraisers and umpire shall first take an oath, to be administered by the officer order- ing such impress, or any justice of peace in the county, that they wUl make a true and just appraisement; and the valuation or hire of such article or articles so im- pressed shall be paid by the pubMck, as justice may re- quire. And moreover, the commanding officer of the regulars, or battaHons, shall have power to issue his war- rant for impressing any artificers that may be judged necessary for the pubMc service; and if their wages can- not be agreed on, the same shall be settled in the manner last mentioned. [1775, 9 Hening's Stats. 71.] CHAP. VI. An Ordinance for providing arms and ammunition for the use of this colony. armf ^'taMshed WHEKEAS, in this time of imminent danger, it is bur|!'^^'**'^''''^^^o^^*i expedient, for the better defence of this colony, to provide an ample supply of arms and ammunition, by encouraging the manufacturing the same within this colony: Be it therefore ordained, hy the delegates and representatives of the several counties and corporations within this colony and dominion of Virginia, now in gen- eral convention assembled, and it is hereby ordained by the authority of the same, That a manufactory of arms be erected at or near Fredericksburg, under the direction of certain commissioners; and that a sufficient number of artificers be employed in the said manufactory, at the expense of the public, and be constantly employed in manufacturing of arms of such kind as shall be di- rected from time to time by the committee of safety, so long as the necessities of this colony shall require. commissioaers ^^ je it farther ordained, That Fielding Lewis, to superintend it. -^ ' o ' Charles Dick, Mann Page, jun. WiUiam Fitzhugh, and Samuel Selden, gentlemen, or any three of them, be the commissioners for superintending the said manufac- tory; and that the treasurer for the time being, ap- pointed by or pursuant to an ordinance of convention, LAWS OF VIRGINIA, 1115. 917 shall, out of the public money which shall come to his Appropriation, hands under any ordinance of convention, advance the sum of two thousand five hundred pounds to the said commissioners, and such other sums as the committee of safety shall from time to time direct, taking sufficient security for the same, to be by them employed for the purposes aforesaid, and accounted for to the general convention; and that the said commissioners shall from time to time transmit to the committee of safety an ac- count of the state and progress of the said manufactory, and the quantity of arms so manufactured. And ie it farther ordained, hy the authority aforesaid, saEt™ may^pur- That the committee of safety shall have full power and "^^^ ^'■"^• authority to purchase in the neighbouring colonies, or elsewhere, any number of stands of arms, not exceeding three thousand, which they may judge necessary for the use of the troops to be embodied for the defence of this colony, and also any number of gun locks which may appear to them to be wanted for the arms made at the aforesaid manufactory, if a sufficient number of proper locksmiths cannot be employed: and also, that the said committee do provide a sufficient quantity of gun fUnts and cartridge paper, which they shall judge necessary. And for the greater encouragement of persons to make satt-"e"ii"& iSi- saltpetre and sulphur. Be it farther ordained. That the p''"''- sum of three shillings for every pound of good saltpetre, and the sum of one shilling per pound for any quantity not exceeding twenty thousand pounds neat weight of good sulphur, which shall be manufactured and refined of materials of the natural produce of this colony, and delivered to any committee of a county or corporation, on er before the first day of October one thousand seven hundred and seventy six, for the use of the pubhc, shall be paid to the proprietor thereof, by the treasurer afore- said, upon a certificate from the chairman of the said committees respectively; and the said committees shall severally forward all such saltpetre and sulphur to some manufacturer of powder, who shall give a receipt for the same, obliging himself to deUver for the public use as much powder, in exchange for the said saltpetre and sul- phur, as shall be agreed on by the said committees and manufacturer. And for the more immediate provision of lead, Be i"*■ master thereof on oath that the produce and commodities by him to be exported have been duly shipped according to law, or until he shall produce to him a certificate that the produce and commodities to be exported have been duly shipped, inspected, stamped, and branded, accord- ing to law; and the naval officer failing or neglecting so to do shall for every offence forfeit and pay the sum of fifty pounds, recoverable with costs, by the informer, in any court of record within this commonwealth. And every naval officer shall and may go on board any ship or vessel in which any produce or other commodities, not ^^°'^''^' °' ^"' inspected, stamped, ot branded according to law, have 926 BEVOLUTIONAKY LEGISLATION. beea shipped, and seize, secure, and bring on shore the same, which, or the value thereof, shall be forfeited to the informer, recoverable before a justice of peace; and such naval officer, for seizing the same, may demand and take the like fee as for serving an execution, to be paid by the party from whom such seizure shall be. And if any naval officer shall be sued for any thing by him done in pursuance of this act, he may plead the general issue, and give this act in evidence. in^'t^h^^leTs"; ^'^ ^^ itfaHher enacted, That from and after the first orthif rammm- ^^J °^ January next no ship or vessel whatsoever crossing i^tered. ™™ "^"^ ^^^ seas, or trading to any foreign port, island, or place, shall be deemed or pass as a ship or vessel of the built of this commonwealth, so as to be qualified to trade in manner aforesaid, until the person or persons claiming property in such ship or vessel shall register the same, as foUoweth, that is to say: Every owner of a ship or vessel shall take an oath, to be administered by the naval officer of the district where the vessel shall be built or te^"™ "' ^^^^ purchased, in the tenour following: Virginia, to wit: Jurat A. B. that the ship of whereof is at present master, being a of tuns, was built in the year and that of and of &c. are at present owners thereof. Which oath shaU be at- tested by such naval officer under his hand, and the seal of his office, thereto afiixed; and the said naval officer is hereby required to register the same in a book of registers to be kept for that purpose, and afterwards deliver the same to the master or owner of the ship or vessel for the security of her navigation. And every seu^endOTMd transfer of property, in any ship or vessel so registered, by naval officer, g}jail bg endorsed by some naval officer under his hand on the register. -^ and seal. And the naval officer, for preparing, record- ing, or entering a register in his book of registers, may demand and take five shillings current money, and for ^^Fees for regis- every endorsement of transfer of property two shillings and sixpence current money, and no more, any thing in this act before contained to the contrary notwithstanding. ctarmMs of*ve^ ^ncZ he it farther enacted, That every naval officer shall by naTOiofflcer!'^ enter in a book, to be kept for that purpose, a fair list of the entries and clearances of all vessels with their cargoes, and once in every three months transmit a copy thereof to the govemour. LAWS OF VIRGINIA, 1116. 927 And he it farther enacted, That the several bonds here- t^^^^^P^y*^'* by directed to be taken shall be made payable to the governour, for the use of the commonwealth; and that the several fines hereby infhcted, and not otherwise appropriated, shall be one moiety to the informer, and the other moiety for the use of the commonwealth, to be recovered with costs, by action of debt or information, in any court of record within this commonwealth. And ie it farther enacted, That all and every other acta„'J|P"^i°"°™" and acts, clause and clauses, heretofore made, for or concerning any matter or thing within the purview of this act, shall be, and the same are hereby repealed. And he itfaHher enacted. That this act shall continue t^^^^j'^"'"' »' and be in force from and after the said first day of Jan- uary, for and during the term of two years, and from thence to the end of the next session of assembly. [1776, 9 Hening's Stats. 237.] CHAP. XXXIV. An act to empower the Oovernour, and Council to employ persons for worhing the Lead Mines to greater advantage. WHEKEAS certain lead mines in the county of Mant- ^^^'^f^'^^^^ gomery, formerly Fincastle, belonging to the hon. William ™?kii''^y ''the Byrd, esq. and the estates of John Robinson and JohnP^JJ'a^^^s'^**^- Chiswell, esquires, have been for some time past worked on the publick account, to great advantage, and it is judged that the said works may be carried on to a still greater extent for the production of lead, so necessary at this time for the continent in general, as well as this country in particular: Be it therefore enacted hy the General Assembly of the ^.^°''%'^9^ »«• •^ ,..*'. ^ J tnorlsed to ex- commonwealfh of Virginia, That it shall and may be law- *?°" presume to sell, or expose to sale or barter, any barrel of pork, beef, tar, pitch, or turpentine, of less weight or gauge, he or she shall fc>rfeit and pay to the informer twenty four shillings current money for every such bar- rel of pork or beef, and five shillings for every such bar- rel of tar, pitch, or turpentine, sold or exposed to sale or barter within this commonwealth, recoverable, with, costs, by the informer, before any justice of the county where such offence shall be committed, although the penalty shall exceed twenty five shilhngs cxirrent money; and every justice of the peace, upon such complaint before him made, and due proof of such offences shall and may, by virtue of this act, give judgment for the whole penalty, and award execution thereupon, any law to the contrary thereof notwithstanding. XII. Provided nevertheless, That from such judg- Appeal allowed, ment, for more than twenty five shillings current money, the party grieved may appeal to the next court to be held for the county wherein such complaint was made, the appellant entering into bond, with sufficient security, before the justice by whom the judgment shall be given, that he will prosecute his appeal with effect, and pay the same judgment, and all costs awarded by the court, if the judgment shall be affirmed; and the justice of peace taking such bond shall return the same, together with the whole record of his proceedings in the cause, to the same court to which such appeal shall be, which court shall and may receive, hear, and finally determine the same. XIII. And he it farther enacted, That every seller or oath of seller or exporter of beef, pork, flour, tar, pitch, or turpentine, packed or filled in this commonwealth, and stamped or branded, shall make oath, before a justice of peace, at the time of dehvery of the goods sold or exported, that the several barrels by him then sold or exported are the same that were inspected and passed, and do con- tain the full quantity, without embezzlement or altera- tion to his knowledge; and every person taking a false penalty for oath, and being lawfully convicted thereof, shall suffer '''"'^ '""''• the pains and penalties inflicted on persons guilty of wilful and corrupt perjury, and moreover shall forfeit and pay the sum of fifty pounds, to be recovered by 934 EEVOLUTIONAEY LEGISLATION. any person or persons that will sue for the same, to his of vossei?'™^'"'^ or their own use. And that every master of a vessel wherein pork, beef, flour, tar, pitch, or turpentine, shall be exported, shall, at the time of entry, make oath that he wiU not knowingly take, or suffer to be taken, on board his ship or vessel, any pork, beef, tar, pitch, tur- pentine, or flour, contrary to law, which oath the respec- Daty of navative uaval officers of this commonwealth are hereby required to administer, and such master shall also •produce a certificate from the inspectors of such com- modities at the time of clearing out his vessel; and if any naval ofiicer shall clear out any ship or vessel where- in pork, beef, fiour, tar, pitch, or turpentine, shall be shipped, without first administering to the master of such ship or vessel the oath required by this act, or without such certificate being produced and lodged in his office, or endorsed, as the case may require, every naval officer so neglecting shall for every neglect for- fulVy ^may'Te ^^^^ ^^^ V^J ^^^ ^^™ °^ ^^^J pounds. And if any pork, seized. beef, tar, pitch, or turpentine, packed or filled in bar- rels or casks for exportation, are not stamped or branded as aforesaid, or any parcels of pork or beef unpacked, except for necessary provisions only, shall be put on board any ship or vessel to be exported as merchan- dise, every such cask, barrel, or parcel, may be seized by any sworn officer, and brought on shore, and the same, or the value thereof, shall be forfeited to the in- former, recoverable before a justice of peace, and the officer seizing the same may demand and take the like fees as for serving an execution, to be paid by the party from whom such seizure shall be; and if such ofiicer shall be sued for any thing by him done in pursuance of this act, he may plead the general issue, and give this act in evidence, and upon nonsuit or verdict for the defendant, he shall have double costs; and the mas- ter of such ship or vessel shall forfeit and pay twenty shillings for every barrel or cask of pork or beef, and five shiUings for every barrel of tar, pitch, or turpen- tine, so taken on board. Duty of coopers. XIV. And he it farther enacted, That every cooper, and the master or owner ol every servant or slave, who shall set up barrels tor pork, beef, tar, pitch, or turpentine, shall make the same in the following manner, to wit : Barrels for pork and beef shall be made with good strong well seasoned white oak timber, clear of sap, and not less than LAWS OP VIRGINIA, i'7'7e. 935 five eighths of an inch thick, tight, and well hooped with twelve hoops at least; and in the barrels for turpentine there shall be no sap pine timber, and they shall be hooped two thirds of their length; every barrel for pork or beef to contain from twenty nine to thirty one gallons each, and every barrel for tar, pitch, or turpentine, thirty one gallons and a half at least, with his name or the name of the master of such servant or slave, at length, stamped or branded upon every barrel, under the penalty of two ijfj®"*"^ '" °*^' shillings and sixpence for every barrel set up for sale or exportation, and not so stamped or branded, or of less contents, than aforesaid. XV. And he it farther enacted, That the several fines pmaiues how and forfeitures imposed by this act (except such as are appropriated.*"^ otherwise recoverable) shall and may be recovered to the use of the informer, where the same shall not exceed twenty five shillings, before any justice of the peace, and for any sum above twenty five and not exceeding five pounds, by petition in any county court, and for all siuns above five pounds, in any court of record in this common- wealth, by action of debt or information, with costs of suit. XVI. Provided nevertheless , That where any officer shall Proviso, discover flour to have been shipped contrary to the direc- tions of this act, the penalty in such case inflicted on the offender, if recovered on a suit brought, shall be one moiety to such officer, and the other moity to the person who will inform or sue for the same. XVII. And he it farther enacted, That all and every Repealing other act and acts, clause and clauses, heretofore made for or concerning any master or thing within the purview or meaning of this act, shall be, and are hereby repealed. XVIII. And he it farther enacted. That this act shall continuance of continue and be in force, from and after the end of the *° ' present session of assembly, for and during the term of two years, and from thence to the end of the next session of assembly. 936 REVOLUTIONARY LEGISLATION. PASSED AT GENERAL ASSEMBLY BEGUN AND HELD MAT 5, 1777. [1777, 9 Hening's Stats. 291, 293.] CHAP. VII. An act for providing against Invasions and Insurrections. ^ 5|« !|* 3|! Sp IV. The commanding officer of the corps marching to oppose any invasion or insurrection, or any commissioned officer, by warrant under the hand of such commander, may, for the necessary use of such corps, or for the trans- portation of them across waters, or of their baggage by land or water, impress provisions, vessels with their furniture, hands, waggons, carts, horses, oxen, utensils for intrenching, smiths, wheel-wrights, carpenters, or other artificers, and arms in the case before directed. Such necessaries, or the use of them by the day, shall be Appraisements. previously appraised by two persons chosen, the one by such officer, and the other by the person interested, or both by the officer, if the person interested shall refuse to name one, or cannot readily be called upon, and duly sworn by the said officer, who is hereby empowered to administer the oath. Such officer shall give a receipt or cii"Wow certified Certificate of every particular impressed, of its appraised and paid lor. yalue, and of the purpose for which it was impressed. And if any article impressed shall be lost, or receive damage, while in pubhck service, such loss and damage shall be inquired of, and estimated by two men chosen and sworn in the same manner. The said certificates shall be transmitted to the auditors, to be by them certified and paid in manner herein before directed. [1777, 9 Hening's Stats. 303.] CHAP. XII. [Chaai. Rev. p. An act for the encouragement of Iron Works. Pp/uirntjin recit" ing Hunters ex- I. WHEREAS the discoverv and manufacturing of tensive works,. ■ -i r xi j? i ■ ,• ,-, ■ ■ ■, near Fredericks- iron ore, requisite tor the fabricating the various imple- ments of husbandry, small arms, mtrenching tools, anchors, and other things necessary for the army and navy, is at this time essential to the welfare and existence of this state, as the usual supplies of pig and bar iron from foreign states is rendered difficult and uncertain, and James Hunter, near Fredericksburg, hath erected, LAWS OF VIRGINIA, 1'7'7'7. 937 and is now carrying on, at considerable expense and labour, many extensive factories, slitting, plating, and wire mills, and is greatly retarded through the want of pig and bar iron; and whereas there is a certain tract of land in the county of Stafford, called or known by the name of Accakeek furnace tract, on which a furnace for the making of pig iron was formerly erected and carried on, which has been since discontinued: Therefore, for encouraging the said James Hunter, and the better to enable him to prosecute his works with efficacy and vig- our. Be it enacted ly the General Assembly, That if the j^^fe ^^rwueges. proprietors of the said Accakeek furnace tract, or i^&^°ll'J{'"ia^^Te agent, after previous notice hereof, do not within one"^"*- month begin, and within six months erect thereon, a furnace and other necessary works on a scale equal to or larger than the former one, and prosecute the same for making pig iron and other castings, that then it shall and may be lawful to and for the said James Hunter, after the expiration of either of the terms aforesaid, to enter upon and locate two hundred acres of the said tract, including the old furnace seat and dam, within such bounds as shaU be laid off by the commissioners herein after appointed; and the said James Hunter shall pay to the proprietors, or their agents, such valuation for the same as may be made by a jury of twelve good and lawful freeholders, upon oath, who shall be sum- moned by the sheriff of the said county of Stafford for that purpose. And if a sufficient body of iron ore is not discovered on the said two hundred acres of land, the said James Hunter shall and may explore and open any other unimproved lands belonging to the said Accakeek furnace tract, and upon discovering a body of iron ore locate ten acres thereof, including such body of ore (in case the proprietors, or their agents, shall not within three months open the same) paying to the said proprietors or their agents such valuation for the same as may be made by a jury in manner aforesaid; and thereafter the same shall be, and is hereby vested, in the said James Hunter in fee simple. II. And he itfartJier enacted, That it shall and may be ^^J^g"^^^"^^'' lawful for any person or persons, in company with aoMned''* '^°^ justice of the peace of any county, to explore and open, for the purpose of discovering iron or any other sort of ore, any unimproved land within this commonwealth, paying to the proprietors of such lands any and all such 938 BEVOLUTIONAEY LEGISLATION. damages as are by them sustained thereby, to be awarded by a jury summoned and sworn in the manner aforesaid. III. And be it farther enacted, That half an acre of Half an acre otorround for a landing, situate at some convenient place land, on Aquia, ° -n i i ■ i • or Potowniaqkon Aquia or Potowmack creek, within such bounds as creek, vested in ^ ' James Bunter.soT laay be alloted by the commissioners as aforesaid, so a landing. . that it does not deprive any person of houses or other immediate conveniences, shall be, and the same is hereby assigned to the said James Himter, who shaU pay such valuation for the same as may be made by a jury ia manner herein before directed, and thereafter the same shall be vested in the said James Hunter in fee simple, so long as the said James Himter, his heirs and assigns, shall continue to keep up and carry on his furnace and works aforesaid as herein before directed, otherwise such half acre of land shall revert to the former proprietor from whom the same was taken, his or her heirs, upon repaying to the said Himter, or his heirs, the valuation made as aforesaid. Commissioners, IV. And he it fartJier enacted, That WUham Fitzhugh, lor the purposes _ o / of this act. Thomas Ludwell Lee, Robert Brent, Samuel Selden, and Charles Carter, esquires, or any three of them, be, and they are hereby appointed commissioners for the several purposes herein before recited, who shaU make report of their proceedings and discoveries to the next session of assembly. Exemption V. And he it farther enacted, That no recruiting officer, Irom impres- ■' ' o j ments, at lead, or Other person whatever, shall impress or take any copper, or iron ^ ' ^ ^ works. horses, waggons, or waggoners, employed at any lead, copper, or iron works. Proviso. VI. Provided always, That this act shall not be con- strued so as to exempt any unnecessary number of wag- gons or horses from being subject to the militia law, or service of the state. VII. And whereas it is represented that the said James Hunter cannot erect his dam and shtting mill at his aforesaid works without a small quantity of land adjoining thereto, the property of John Richards, gentle- man, be set apart for that purpose : ffijmfcrtoacqSre VIII. Be it therefore enacted. That the commissioners John ™BiS(is''s aforcsaid, if he shall refuse to sell the same for a reason- ™ ■ able price, having caused a jury to set a value thereon in manner herein before directed, may and shall assign to the said James Hunter any quantity, not exceeding half an acre, of the land belonging to the said John Richards, LAWS OF VIRGINIA, 1111. 939 in the most convenient part for the purpose aforesaid, and the same shall be vested in the said James Hunter in fee simple, upon his paying the value thereof to the said John Richards; provided that the said James Hunter, his heirs and assigns, shall within six months afterwards erect and fiaish a slitting mill at his works aforesaid, and continue to keep the same in good repair, allowing a reasonable time for so doing in case of accident or decay, otherwise the said land shall revert to the said John Richards, or his heirs, he or they re-paying to the said James Hunter, or his heirs, the valuation made as afore- said. ACTS PASSED AT GENERAL ASSEMBLY BEGUN AND HELD OCTOBER 20, 1777. [1777, 9 Hening's Stats. 375] CHAP. VIII. An act for speedily clothing the troops raised by this commonwealth now in continental service. WHEREAS the probability of a winter campaign P'eambiu. hath rendered it indispensably necessary to furnish an immediate supply of clothing for the troops raised in this commonwealth and now in continental service, and the usual methods of supply may prove tedious and La- adequate to the present emergency : For remedy herein. Be it enacted ly the General As- troop"* ''prolided sembly, That the governour, with the advice of thegoo^f'^"" "' council of state, be, and he is hereby empowered to appoint commissioners, in every part of this common- wealth where he shall think it proper, who shall, and they, or any two of them, are hereby declared to have power and authority respectively to seize all linens, woollens, trinunings, tanned leather, hats, leather breech- es, dressed deerskins, shoes, and stockings, proper for the use of the army, which may be found in the pos- session of any person or persons whatsoever, who hath purchased the same in any of the United States of America for sale; and if any person who may, on good grounds, be suspected by the said commissioners of having concealed any of the said articles in any store- house, or other place, shall refuse to permit such com- missioners to have free access thereto, the said commis- 940 EEVOLUTIONAEY LEGISLATION. mfss?Jne'rsTo signers are hereby empowered, in company with a jus- break locks. &c. ^jgg of ^.jjg peace, and by his order, to break open any locks or doors to enable them to discover whether any such articles are concealed; and where the said justice and commissioners shall meet with lesistance in accom- plishing this discovery, the said justice is hereby di- rected to call upon the sheriff, or any constable, for such aid of the county as shall be sufficient to enforce obedience to this act. The said commissioners shall be, and they are hereby required and empowered to ap- point four honest and reputable housekeepers of the neighbourhood (of whom any three may act) who, having first taken an oath, to be administered by any one of the commissioners, faithfully and impartially to perform prSsedf'''"'*^*^*'!*^* service, shall appraise such goods in ready money, at a reasonable price. The commissioners who shall have performed the service shall give a certificate in writing, after such valuation is made, to the holders of such goods respec- tively, distinguishing the particular species,, quantity, How paid for and value thereof, with an order to be drawn on the treasurer of this commonwealth to pay the said ap- praised value to the holder, or his order, within one month after the date thereof, which orders the treasurer is hereby required and directed to pay. And in all ca- ses where such goods shall be apphed to the use of the When charged troops in Continental service, the same shall be charged "" * ^' to the accoimt of the United American States. And the commissioners, or any two of them, may employ, or if necessary impress, so many workmen as they shall ■ ^°YtS^° up judge sufficient to make up into weariag apparel such clothing and leather. The wages of any workmen im- pressed, in case of disagreement between the parties, shall be settled in the same manner as the value of the materials seized; and orders for such wages, as well as what shall become due to the persons voluntarily em- ployed, shall be drawn upon the treasurer, paid by him, Power to im-and charged in manner aforesaid. If any workman press workmen. . t i n j; i • . i • impressed shall refuse, or, being a servant, his master shall not permit him to work, the servant or master so offending, upon complaint of the commissioners, or any two of them, may by a justice of the peace, be committed to prison until he shall comply. LAWS OF VIEGINIA, 1'7'7*7. 941 The said commissioners shall by some safe convey- j„ ^J^^^'j""^^ ance, and in due time, transmit to the treasurer a list^°™*^ '" '"*^ of the sums for which they shall have drawn orders, together with the names of the persons in whose favour they were drawn, for his more certain information. And if any person shall be sued for doing any thing indemniflcation. in execution of this act, the defendant may plead the general issue, and give this act in evidence; and if the plaintiff shall be non-suited, or a judgment pass against him upon a verdict or demurrer, the defendant shall recover double costs; and in all such suits the onus pro- handi shall he upon the plaintiff. This act shall continue and be in force until the last day of February next. [1777, 9 Hening's State. 381.] CHAP. X. An ojctfofr authorising the seizure of Salt, in the same manner as provisions for the use of the army. BE it enacted hy the General Assembly, That from and after the passing of this act the agents, commissaries, or seized for aw use contractors, acting under appointment of the United" °^ States or this commonwealth, shall, and they are hereby authorised and required to seize for the use of the army any salt which they may discover in the possession of any person or persons within this commonwealth imported or purchased for sale, proceeding therein in the same manner as is directed in the case of seizing provisions by an act of assembly passed this session, intituled "An act for ena- bhng the publick contractors to procure stores of provisions necessary for the ensuing campaign, and to prohibit the exportation of beef, pork, and bacon, for a hmited time;" save only, that instead of the appraisement by the said act directed the person or persons from whom any salt shall be taken by virtue of this act shall be entitled to five poimds per bushel, together with the charge of car- riage from the place of importation, for the same. This act shall continue and be in force for the space of one month, unless the govemour and council shall by proclamation declare that the pubhck wants are suffi- ciently provided for, and no longer. 942 BEVOLUTIONABY LEGISLATION. [1777, 9 Hening'a Stats. 382.] CHAP. XI. gjIChan. Rev. p. An act to prevent Forestalling Regrating, Engrossing, and Publick Vendues. foSiier™**^ I. Be it enacted hy the General Assembly, that if any person shall buy, or cause to be bought, any goods, wares, merchandise, or victual, which at the time of purchase shall be under carriage or transportation to any market or fair within this commonwealth to be sold therein, or to any city or town wherein there is no publick market established, or to any port or harbour of this common- wealth for sale, or shall make any bargain, contract, or promise, for the buying or having such goods, or pre- emption thereof, before the same shall be in or at the market, fair, city, town, port, or harbour, ready to be there sold, or shall persuade any person coming to this commonwealth, or any market therein, to forbear bring- ing any goods, wares, or merchandise thereto, or use any means or device for the enchancing of the price of any such goods in this commonwealth, or any market therein, every such person offending in either of the said particu- lars is declared a forestaller. But this shall not extend to any person living more than four miles from any town within this commonwealth, and purchasing any victual, goods, or commodities, necessary for the use and consumption of himself and his family, or those in his employ, for one year. Who a regrater. H. If any person shall, by any means, buy, obtain, or get into his possession, in any fair or market, any victual that shall have been brought to the said fair or market to be sold, and shall make sale thereof again in the same place, or in any other place, within four mUes thereof, he is declared a regrater. whoanengros- \w If any pcrson shall buy within this Commonwealth to sell again, in this or any of the United States, any goods, wares, merchandise, or victual, which shall have been imported or brought into this state from any other state or place whatsoever, or any victual, commodities, manufactures, or materials for manufacture, raised or wrought within this state, except such purchase be made from the original importer, owner, maker, or manu- facturer of such goods, wares, merchandise, victual, com- modities, manufactures, or materials for manufacture, respectively every person so offending is declared an LAWS OF VIEGINIA, 11'7'7. 943 engrosser. But this act shall not extend to any person purchasing such articles from one who purchased from the importer and retailing the same more than twenty- five miles from any tide water, nor to any agent of this commonwealth or of the United States, or any of them, purchasing necessaries really and bona fide for the use of the army or navy, and not dealing in such articles on the account of himself or any other private persons (such agent for the United States, or any of them, producing, whensoever called on, sufficient proof of his acting under authority from the United States, or some one of them) nor to the managers of any iron works purchasing necessaries for the use of those employed about such iron works and selling them to such persons, nor to the purchasers of materials for manufacture which shall be really appUed to that use in the family of the purchaser, or. some manufactory wherein he is interested, nor to ordinary keepers purchasing victual to be retailed in their ordinaries, or persons keeping private houses for lodging or entertainment who may buy any kind of victual and retail the same in their respective houses after it is prepared and dressed for the table, nor to the owners of any imported goods sold as being damaged for the benefit of the ensurers, or condemned in the admiralty and purchased by the said owners. IV. Every person becoming a forestaller, regrater, or jj^j^"^^^J^jj*e- engrosser, as before described, shall, on conviction for the first offence, suffer imprisonment by the space of one month without bail or mainprise, and forfeit the value of the things so by him bought or sold, and for the second offence shall be imprisoned two months without bail or mainprise, and shaU forfeit the double value of the things so by him bought or sold, and for any such offence afterwards committed shall stand in the pillory for such time as the court shall direct, not exceeding two hours, shall forfeit treble the value of the things by him bought or sold, and be imprisoned at the discretion of the jury convicting him of the said offence, provided such imprisonment doth not exceed three months. V. No goods, wares, merchandise, victual, commo- rowbul™^™' dities, manufactures or materials for manufacture, im- ported into this commonwealth, or raised or manufac- tured within the same (except slaves, stocks, and house- Exceptions. hold furniture, goods condemned in the admiralty court, or goods which being damaged are by the law and 944 EEVOLUTIONAEY LEGISLATION. the custom of merchants to be sold for the benefit of en- surers, victual, or g«ods sold on account and for the benefit of the United American States, or some one of them, goods taken in execution or upon attachment, or distrained for rent or publick taxes, or sold by execu- tors or administrators) shall be exposed to sale at pub- lick vendue, under penalty on each person selling or buying at such vendue, for each article so sold, of double the value thereof. rec^owed'Ind'a? VI. All the penalties hereby inflicted shall be one half to propriated. ^jjg ^gg ^f ^j^g commonwealth and the other to the infor- mer, and where the sum doth not exceed twenty five shillings, shall be recoverable with costs before any jus- tice of the peace, and where it shall exceed that sum by action of debt or information, in any court of record; and in such action of debt the clerk shall endorse on the writ, that bail is to be required, whereupon the sheriff shall take sufficient bail for the appearance of the defen- dant, or be answerable himself, as in other hke cases, and the court may either rule the defendant to give special bail, or admit an appearance without, as to them shall appear just. VII. All acts of parliament and of general assembly, relating to any thing within the purview of this act, are hereby repealed. [1777, 9 Hening's Stats. 385.] CHAP. XII. An ad for enabling the publick contractors to procure stores of provisions necessary for the ensuing campaign, and to prohibit the exportation of beef, pork, and bacon, for a limited time. Preamble. WHEREAS divers persons, devoting themselves to avarice and extortion, and intending to amass riches out of the ruins of their country, or treacherously to betray it into the hands of its enemies, have industri- ously bought up, and already got into their possession, so great a proportion of the provisions usually brought to market at this season, that there is little hope of our being able to lay up such stores thereof as will be requi- site for the purposes of the ensuing campaign, unless an embargo be laid on the exportation thereof: Be it Embargo, onikerefore enacted hy the General Assemblv, That from exportation of i i., ,i ■ r ■, ■ , i i. pork, beef and and alter the passing of this act no pork, beet, or bacon, shall be exported out of this commonwealth by land LAWS OF VIRGINIA, 1'7'7'7. 945 or by water, by any person whatever, except only such as shall be sent thereout for the support of the con- tinental army, or any troops sent out of this common- wealth, by the agents, contractors, or coromissaries, acting under appointment from the United States, or ' any of them, or to fulfil contracts already made to sup- ply the owners of certain iron works with a quantity of beef or pork in the state of Maryland in exchange for iron, and except also such quantity as may be really necessary for the crew of a vessel going out upon a voyage or cruise, and such as may be purchased by the agents of the United States as sea stores for any vessels ■ in the continental service going from Maryland or North Carolina on a voyage or cruise. Any person so offending herein, by exporting, or endeavouring to export, pork, beef, or bacon, contrary to this act, shall forfeit the provisions so endeavoured to be exported, which may be seized by any naval ofiicer, where the exportation shall be by water, or by order of any jus- tice of peace, where it happens by land, or, happening by water, a naval officer hath not been appointed, or, being appointed, shaU not be present at the place where the exportation is intended, and shall also pay the double value thereof, with costs of suit, one moiety to the commonwealth, and the other moiety to him who will sue as well for tne. commonwealth as for himself, or the whole to the commonwealth, if a prosecution shall be first instituted on the publick behalf alone. And be it farther enacted, That if any justice of peace, how enforced from his own knowledge, or the information of others, shall have cause to suspect that any pork, beef, or bacon is about to be carried out of this commonwealth con- trary to this act, he may issue his warrant for seizing the same ; and if the owner shall not give security that he will not carry the same out of the commonwealth, such justice may either retain such provisions for publick use, to be appraised and paid for in manner herein after mentioned, or may cause the same to be sold for the benefit of the owner, and at his or her expense. And that those who have engrossed, or shall engross, the ^^^t^'^^ ^^j provisions necessary for the army, and refuse to sell the SISrT[or*'tto same for that use at moderate prices, may be disap- ^?s" faSi^y °^y pointed in their wicked designs to distress or ruin their ^the' ^my" "^ country: Be it farther enacted, That if any person, who, 37639°— 18 60 946 KEvoLirnoiirARY legislation. since the first day of November last, hath purchased, or during the continuance of this act shall purchase, any live stock, or beef, pork, or bacon, more than is sufficient for the consumption of his family, and of those in his employ, shall refuse to sell the same to any agent, com- missary, or contractor, acting under appointment of the United States or this commonwealth, for such price as shall be estimated by three freeholders authorised by a justice of the peace by warrant under his hand and seal, and sworn truly and faithfully to ascertain the number and quantity sufficient for the family of tne owner and .those in his employ, and to appraise the surplus, such agent, commissary, or contractor, by warrant under the hand and seal of a justice of the peace, who is hereby required to issue the same, may, in company with the sheriff or constable, and such assistants as the said jus- tice shall judge necessary, seize such surplus, and for that purpose, in the day time, enter any warehouse or enclosure, paying or tendering to the owner the price so estimated by the appraisers, or in case the seizure be made by an agent, commissary, or contractor of this com- monwealth, drawing orders on the treasurer, payable one month after date, and transmitting copies of such orders to the said treasurer in the meantime. And that any person against whom an action may be commenced for what he shall lawfully do by virtue and in execution of this act may plead the general issue, and give this act in evidence; and if a verdict be foimd, or a judgment be given for him, he shall recover double costs, todemniflcation. -phis act shall continue and be in force until the end of the next session of assembly, unless the governour and council shall by proclamation declare that the pub- lick wants are sufficiently provided for, and no longer. PASSED AT GENERAL ASSEMBLY BEGUN AND HELD OCTOBER 5, 1777. [1777, 9 Hening's Stats. 426, 427.] CHAP. XX. An act to empower the commiasioners ot the Gun manufactory at Fredericksburg to take apprentices therein. ***** auteSuedttekl Whereas it will tend not only to promote the manu- lmm°nui&y* ^^*^*"'^® "^ ^^^ ^^^^ ^o^ pubHck use, but to increase the l^^"'*'""''^" number of artists in that useful branch of business, if LAWS OP VIRGINIA, VJIS. 947 the commissioners of the gun manufactory at Fredericks- burg were empowered to take apprentices therein: Be it therefore enacted by the General Assembly, That it shall and may be lawful for the said commis- sioners, from time to time, to take into the said manu- factory such a number of white apprentices, properly educated, as they may judge necessary, under suchp^fYo?med'''by covenants for fidelity, and for such time as they shall p"''''''' think proper, and agree to and on the part of the com- monwealth, may engage to furnish the apprentices with good and sufficient clothing, bedding, and provisions, during the term they are bound for, and at the expira- tion thereof to pay them such sum of money as the said commissioners may think reasonable, not exceeding thirty pounds each. All covenants for or on the part of the said appren- tices, and all profits of their labour, shall enure to the benefit of the pubhck; and aU engagements on the part of the said commissioners, entered into pursuant to this act, shall be made good by the publick ; and all complaints of such apprentices for misusage, in respect of ^clothing, provisions, or immoderate correction, shall be heard and determined in the county court, as in case of other apprentices. PASSED AT GEKEKAL ASSEMBLY BEGUN AND HELD MAY 4, 1778. [1778, 9 Hening's Stats. 474.] CHAP. III. An act for the more effectual execution of an act intituled An act to em- power the Governowr and Council to lay an embargo for a limited time. WHEREAS the inordinate lust of gain may tempt Preamble, many persons to risk the penalties inflicted by an act passed this present session of assembly, intituled "An act to empower the governour and council to lay an embargo for a Umited time," by exporting provisions contrary to the same, which during the present alarm- ing scarcity and publick distress would be highly crimi- nal: Be it enacted hy the General Assembly, That any and y^'^jj^^^j^y™*!- every person, who, during the continuance of the said '""''^'■8™^. recited act, shall export, or cause to be put on board any vessel for exportation, any sort of grain or other 948 REVOLUTIONAEY LEGISLATION. victual contrary to the said act, and on which an em- bargo hath been or shall be laid by the governour and council in pursuance thereof, shall for ever thereafter be disabled from exercising or carrying on, either by himself or by any other in trust for him, or for his use and benefit, or in partnership with any other, any man- ner of merchandise or commerce within this common- wealth, and from buying or selUng any kind of goods, wares, or merchandise, other than what shall be neces- sary for the use and consumption of his own family, or those in his employ, or shall be the produce of his own estate or manufacture, under pain of forfeiting the full value of the goods, wares, or irierchandise, which shall be so bought 9r sold, to be recovered by action of debt or information in any court of record, one half to the informer, and the other half to the use of the commonwealth. Tent°'^itag^ta -^^ foi" t'l® more effectual discovery of any provi- lOTgoS"' "' ""'sions which may be put on board any vessel for expor- tation contrary to the said recited act. Be it enacted, That the master of every vessel now in this common- wealth, or building within the same, or which shall hereafter come hither, shall, before he presume to load any such vessel, give bond with sufficient security to the naval officer of the district, in a sum proportioned to the tunnage of such vessel, after the rate of fifty pounds per tun, that such vessel shall not, during her stay here, take on board any of the articles prohibited to be exported by the said recited act more than will be necessary for the sustenance of the crew of such ves- sel for her voyage or cruise; and every vessel loading or taking on board any goods or commodities, before euch bond be given, shall, together Avith her fiu-niture, apparel, and tackle, be liable to seizure, and be forfeit- ed, one half of the value thereof to the informer, and the other to this commonwealth, to be sued for and re- covered as in manner before directed. Penalty for And whereas part of the trade of this commonwealth tSing^theoathofis Carried on by persons who have refused to take the oath of fidefity to the same, and it may be dangerous to allow any recusant to have such opportunity of in- juring the republick, Be it therefore enacted, That if any inhabitant of this commonwealth, who hath not heretofore taken the oath or affirmation of fidelity to the same, shall, after the fifteenth day of March next, LAWS OF VIRGINIA, IT'ZS. carry on any trade or commerce whatever, either by himself or any other person in trust for him, or for his use or benefit, or in partnership with any other, he shall forfeit and pay the full value of his merchandise in which he shall so trade, unless he, before the said fif- teenth day of March, take the oath or affirmation of fidelity to this s'tate, to be recovered in the same man- ner as the penalties inflicted by this law are herein be- fore directed to be recovered. 949 Penalties. [1778. 9 Hening's Stats. 476.] CHAP. IV. An act to prohibit the Distillation oj Spirits from Corn, Wheat, Rye, and other grain, for a limited time. WHEREAS the great quantity of grain consumed in pistniation ot the distilleries will increase the present alarming scarcity, prohibited, for i Be it enacted hy the General Assembly, That no kind of spirituous liquors shall be distilled from Indian corn, wheat, rye, oats, barley, buck wheat, meal, or flour, within this commonwealth, between the fifteenth day of February next and the fifteenth day of October next, on pain of forfeiting the liquor so distilled, or the worth thereof, if sold before seizure, together with the still in which the same was distilled, to be recovered in any court of record within this commonwealth, by action of debt, bill, plaint, or information, by any person who shall sue for the same, one half thereof to the informer, and the other half to the use of the commonwealth ; and upon the recovery of any still or stills sued for under this act, the court by whom judgment is given shall order the sheriff to sell the same for ready money to the highest bidder, and pay one half of the money arising from such sale into the publick treasury. Provided, That the penalties of this act shall not be extended to any person distilhng wheat or rye unless he shall have refused to sell the same to some publick agent or contractor offering to purchase at the following prices, to wit, the wheat at fifteen shillings per bushel, and the rye at fifteen shilhngs per bushel. And wherever any dispute shall arise from what species of grain any liquor hath been distilled contrary to this act, the onus pro- handi shall lie upon the distiller. Proviso. 950 BEVOLUTIONABY LEGISLATION. Preambl*. Governor, &c. by proclamation may Jay an em- bargo, on expor- tation ol provi- sions. Proviso. Vessels )aden- in breach of em, bargo, forfeited- with their car, goes. May be searched & seized by armed vessels. [1778, 9 Hening's Stats. 530.] CHAP. XV. An act to empower the Govtrnour and Council to lay an Embargo for a limited time. WHEREAS divers persons for their owii private lucre, transport out of this state into parts beyond the seas, wheat, Indian corn, and other provisions, when the same may be greatly wanted for the relief of the in- habitants of this state and support of our army and navy and those of our allies. And whereas no person or persons hath or have been hitherto invested by the legislature of this common- wealth, by whom alone it can be done, with power to lay an embargo on provisions, except wheat, Indian corn, and other grain, when necessary and expedient for the good of the same. Be it therefore enacted hy the General AssemUy, That it shall and may be lawful for the governour, with the advice of the council of state, from time to time to issue his proclamation, thereby prohibiting the exportation of beef, pork, bacon, wheat, Indian corn, pease, or other grain or flour, and meal made of the same, any or either of them, or any other provisions, for and during such time as he, with the advice aforesaid, shall judge most fit and necessary; so as such prohibition shall not extend to any vessel laden or to be laden by proper ofEcers with all or any of the enumerated provisions for the use of the armies or navies of the United States or their allies. And be it farther enacted, That all beef, pork, bacon, wheat, Indian com, pease, or other grain, and all flour and meal, or other provisions, which at any time during the continuance of such embargo shall e laden or put on board any vessel or exportation, except as before excepted, shall, together with the vessel, tackle, furni- ture, and cargo, be forfeited, and may be seized by any magistrate, naval officer, officer comm nding a fort, or officer commanding any armed vessel in the service of this state, who are hereby empowered and required at any time during the continuance of the said embargo, to search any vessel on which it shall be suspected any prohibited articles are laden for exportation; one half of which forfeiture shal be to the use of the common- wealth, and the other to any of the persons above-men- tioned who shall seize, or any other person who shall in- LAWS OF VIRGINIA, 1'7'78. 951 form a d prosecute for the same; and the forfeitures jjp|^*°^J^'j^'^''°'' shall and may be recovered by bill in the court of ad- miralty. AtuL he it farther enacted, That none of the prohibited ^Jf^i^P^f*^'?? articles, or other provisions, during the continuance p°J^j"o^t o'™^ of such prohibition, shall be transported or exported ''*•*' "y**"*- out of this state by land or in boats or vessels over any of the rivers in this state, except such as shall be trans- ported for the use of the armies or navies of the United States or their allies, under penalty of the forfeiture of the carriage and team or boats or vessels employed in such transportation, together with the prohibited arti- cles contained therein, unless the person or persons transporting or exporting the same produce a certifi- cate from the commissary or quartermaster general of this district, or his or their agent or agents, that such prohibited articles are ordered on by them for the service of the navies or armies of the United States or their allies; and the same may be seized by warrant of any justice of the peace upon information to him made; the forfeitures to be appropriated as aforesaid, and recovered ba^ei^od'and™or^ in any court of record within this commonwealth, by '«''*"*• bill, plaint, or information. And he it farther enacted, That during the continu- Bond ana oath, ance of such embargo every master of any ship or vessel 'emp' of embar- shall, before he be allowed to clear out the same, enter into bond with one or more sufficient security or securi- ties in the penalty of five thousand pounds, payable to the governour for the time being for the use of the commonwealth, with condition that he will not carry out or cause to be carried out in his said ship or vessel any of the articles prohibited by the embargo, which said bond the naval officer of the district is hereby required and empowered to take; and also every master of any such ship or vessel shall, with the two persons next in command in the said ship or vessel, take the following oath (or, being a Quaker or Menonist, solemn affirmation) viz. "I A. B. do solemnly swear, or affirm, that there are not on board my ship or vessel any of the following articles, to wit, beef, pork, bacon, wheat, Indian corn, pease, or other grain, or flour or meal made of the same, any or either of them, or any other provi- sions prohibited to be exported, except such only as are necessary for the victualling such ship or vessel for her voyage. So help me God." Which oath the naval 952 BEVOLUTIONAEY LEGISLATION. officer for the district where the said ship or vessel is laden, shall be, and he is hereby required and empow- ered to administer. Proviso. Provided always, That nothing herein contained shall be construed to restrain the taking on board any ship or vessel any of the above enumerated articles, or other provisions that may be necessary for the victualling such ship or vessel for her voyage. Further proviso. Provided also, That none of the articles prohibited, laden on board any ship or vessel for exportation, before notice of such embargo, shall be liable to seizure or forfeiture, if the owner or owners shall, in convenient time after proclamation of such embargo issued, reland or cause the same to be relanded and disposed of in this state. permUprovistons Provided nevertheless, That where the inhabitants of 'nto*itaSts'o?u°any of the United States shall be in real distress for stotes.mr '=- ^^nt of provisions, upon application of the executive power of such state to the executive power of this, it shall be lawful for the governour, with the advice of the council, to suffer provisions to be exported to such state; the naval officer taking bond with sufficient security in at least double the value of the cargo to be exported, and exacting an oath from the exporter for the faithful exportation thereof. This act shall be in force from and after the passing thereof, unto the end of the next session of assembly, and no longer. And aU other acts so far as they relate to any matter or thing herein contained, or within the pm'view of this act, are hereby repealed. [1778, 9 Hening's Stats. 581.] CHAP. XLII. An act to amend the act for preventing forestalling, regrating, engrossing, and publick vendues. Preamble. WHEKEAS by an act of general assembly passed in the year one thousand seven hundred and seventy seven, intituled "An act to prevent forestalling, regrating, engrossing, and publick vendues," it was enacted, that if any person should buy within this commonwealth to sell again in this or any of the United States, any victual raised within this state, except such piu-chase was from the original owner or maker thereof, he should be de- LAWS OF VIRGINIA, 1'7'78. 953 clared an engrosser; under cover of which exception a practice hath prevailed of buying up great quantities of victual from those who make and raise the same, and withholding it from the poor and from the publick, until they have agreed to give a very advanced price for the same, which practice is found to be mischievous and oppressive: Be it therefore enacted by the General Assembly, That ther°SS'. *""" if any person shall buy within this commonwealth to sell again in this or any of the United States, any victual raised within this state, he is hereby declared an en- grosser, and as such shall be subject to the pains and penalties inflicted by the said act on engrossers; but this act shall not extend to the managers of any iron works purchasing victual necessary for the use of those em- ployed ajjout such iron works, and selling them to such persons, nor to ordinary keepers purchasing victual to be retailed in their ordinaries, or persons keeping private houses for lodging or entertainment, who may buy any kind of victual and retail the same in their respective houses after it is prepared and dressed for the table, nor to persons purchasing wheat to grind into flour, nor to bakers purchasing flour and selling the same in bread, nor to butchers purchasing live stock and retailing the same after slaughter, nor to brewers purchasing barley Exceptions. and converting the same into beer. And it is also enacted, That so much of the same act t,^^^^"'®'' ^'"^P' as prohibits the sale of any articles, except such as are thereia excepted at publick vendue, shall not be con- strued to extend to the sale of any vessel whether for sea or inland navigation. And the more effectually to enforce the said act to j^j^J^f»jPr«^«^ prevent forestaUing, regrating, engrossing, and pubhck*'^g™°^jj^6e vendues, and also so much of this act as is herein before contained, the same shall be particularly given in charge to all grand juries, and it shall be made a part of their oath specially that they will present all offences against the same coming to their knowledge ; which presentments shall be tried in a summary way by a jury to be empan- neUed and charged at the next court, unless the said court, for very good cause to them shewn, shall contiaue the same. And where any person hath heretofore bought within ^Provisions , , ,, . . T . ' J. , bought to sell this commonwealth, to seU agam m this or any ot thea^ain iiabu to United States, any victual raised within this state, the 954 BEVOLUTIONAKY LEGISLATION. same shall be subject in his hands to seizure in the same manner, for the same time and purposes, and imder the same conditions and directions as victual in the hands of forestallers, regraters, and engrossers, is directed to be seized by an act of general assembly passed at this present session, intituled "An act to enable the gover- nour and council to supply the armies and navies of the United States and of their allies with grain and flour." thosTpretending -^^ whereas by an exception in the said act for pre- ttiiltaT'o^ the '^'^^nting forestalhng, regrating, engrossing, and publick SdM toev^'the vendues, it was provided ^that the said act should not '*^- extend to any agent of this commonwealth, or of the United States, or any of them purchasing necessaries really and bona fide for the use of the army or navy, and not deaUng in such articles on account of himself or any other private persons; and moreover many good people of this commonwealth are disposed to sell their victual cheaper when for the use of the armies or navy of these states than when for the use of private individuals, cer- tain persons thereupon intending to pervert to their own gain the purposes of the said exception, and the disposi- tion of the good people of this commonwealth have feigned themselves to be agents for the United States, or some one of them, when in truth they were not, and in that character have engrossed great quantities of victual at low prices, and sold the same high to their own great and unrighteous profit, and to the oppression of the people of these states. Be it therefore enacted, That if any per- son pretending to be an agent of this commonwealth, or of the United States, or any of them, for the purchase of victual, shaU buy within this commonwealth any victual raised therein, and shall refuse or omit to produce to any citizen of the same sufficient proof whenever called for by such citizen of his acting under authority from the United States, or some one of them, it shall be lawful for such citizen, and all- others, forthwith to apprehend and carry him before any justice of the peace, or for any justice of the peace to apprehend or cause him to be apprehended in the first instance, whereupon if he stiU refuse or omit to produce such proof, he shall by the said justice be committed to jail without bail or mainprise, there to re- main until the next court to be held for the county, when a jury shall be empannelled and charged to try whether he pretended himself to be such pubhck agent, and whether in truth he was so, and if they find that he LAWS OF VIRGINIA, 1'7'78. 955 did so pretend, and it shall not appear to them that he was in truth such an agent, he shall be adjudged to forfeit all the victual he shall have bought under such feigned character, and to be imprisoned one month, counting as a part thereof the time he shall have remained in close jail before judgment rendered.; such forfeiture to enure, the one moiety to him who shall have apprehended the offender, the other to the vestry of the parish for the use of the poor thereof. This act shall continue in force until the first day of November next. [1778, 9 Hening's Stats. 584.] CHAP. XLIII. An Act io enable the Governour and Council to supply the armies and navies of the United States, and of their allies, with grain and flour. SOUND policy requiring, and the necessities of the J"™™"* fleets and armies of the United States, and the squad- rons of our faithful allies, demanding the utmost exer- tions of this commonwealth for the supplying them with provisions, and there being but little prospect of procur- ing a competency for this purpose unless they can be wrested out of the hands of the forestaJlers and engros- sers, who have purchased up great quantities of flour and grain in this state : Be it therefore enacted by the General Assembly, That ej^f™*?^PP°^. it shall be lawful for the governour, by and with the'^^^lom, d'X advice of the council, and he is hereby authorised and ^™°™™jm|''gj^ empowered, to commission such and so many persons ^'^^'^ squadron as he shall judge proper to seize upon and take for the use of the United States all grain and flour that shall be deemed necessary for the support of the American armies and navies, and the French squadron, that may have been or shall hereafter be purchased up by any forestaller, engrosser, or monopoliser, paying for the same such prices as shall be allowed therefor by three reputable freeholders within the county wherein the same shall be seized, they being first sworn by some magistrate in the said county to value and appraise the same according to their best skill and judgment. And to enable such persons, commissioned as afore- ^^^J^^**^^^^ said, to carry this act fully into execution, Be it far- broken. ther enacted, That where any forestaller, engrosser, or monopoliser, shall refuse to deliver up his grain or flour, Indemnification 956 EEVOLUTIONAEY LEGISLATION. on complaint thereof made to any justice of the peace in the county where such grain or flour is or shall be purchased up, it shall be lawful for the said justice, and he is hereby required, to issue his warrant, directed to the sheriff or any constable in the said county, empow- ering either of them to break open in the day time any house or houses where such grain or flour shall be stored. And be it farther enacted, That any person against whom an action may be commenced, for what he shall lawfully do in the execution of this act, may plead the general issue, and give this act in evidence ; and if a ver- dict be found, or a judgment be given for him, he shall recover double costs. This act shall continue and be in force until the end of the next session of assembly, unless the gcsernour, with the advice of the council, shall, by proclamation, declare that the publick wants are sufficiently provided for, and no longer. PASSED AT GENERAL ASSEMBLY BEGUN AND HELD MAT 3, 1779. [1779, 10 Hening's Stats. 105.] CHAP. XXX An act for continuing an act entitled An act to empower the govemour and council to lay an embargo lorr a limited time. ing gqveSSrTd WHEREAS the act of assembly, passed in the year ^^rgo*°)u^hM *'^^ thousand seven hundred and seventy eight, enti- continued. ^]g^ "An act to empowcr the governour and coimcil to lay an embargo for a limited time," will expire at the end of this present session of assembly, and it is neces- sary the same should be continued; Be it therefore en- acted, That the said recited act shall continue and be in force from and after the expiration thereof, imtil the end of the next session of assembly, and no longer. LAWS OP VIBGINIA, 1119. 957 [1779, 10 Hening's Stats. 107.] CHAP. XXXIII. An act for continuing an act entitled An act to enable the govemour and 5gPi™ '"'■ ^' P" council to supply the armies and navies of the United States and of their allies with grain and flour. WHEREAS the act of assembly, passed in the year ^j^^"*^^*^™!^!! one thousand seven hundred and seventy eight, enti-'^?"'!''"*",™^^''' •^ f ' armies and navies tied "An act to enable the govemour and council to ^' umted^states supply the armies and navies of the United States and aour^i^herco^ of their allies with grain and flour," will expire at the'™™"*- end of this present session of assembly, and it is neces- sary the same should be continued; Be it therefore en- acted ly the General Assembly, That the said act shall continvie and be in force from and after the expiration thereof, imtil the end of the next session of assembly, and no longer. [1779, 10 Hening's Stats. 112.] CHAP. XL. An act to repeal an act entitled An act to prohibit the distillation of Spirits from com, wheat, rye, and other grain, for a limited time. BE it enacted by the General Assembly, That the act of ^Ajtf,™JfJ^*'^f assembly, passed in the year one thousand seven hundred JP^'J^fg^""" ^rain and seventy eight, entitled "An act to prohibit the dis- tillation of spirits from corn, wheat, rye, and other grain for a limited time," be, and the same is hereby repealed. PASSED AT GENERAL ASSEMBLY BEGUN AND HELD OCTOBEB 4, 1779. [1779, 10 Hening's Stats. 140.J CHAP. VIII. An act for farther continuing an act entitled An act to empower the gov- emour and council to lay an embargo for a limited time. WHEREAS the act of assembly passed in the year one i„^%ytl^^Z^i thousand seven hundred and seventy eight, entitled ^^^^^^^'o/^^^h^" "An act to empower the govemour and council to lay™"'™™*- an embargo for a limited time," which was continued by an act entitled "An act for continuing an act entitled An act to empower the govemour and council to lay an embargo for a limited time," will expire at the end of this present session of assembly, and it is necessary the 958 EEVOLUnONAKY LEGISLATION. same should be farther continued: Be it therefore enacted, That the act entitled "An act to empower the governour and council to lay an embargo for a limited time," shall continue and be in force from and after the expiration thereof until the end of the next session of assembly, and no longer. [1779, 10 Hening'a StatB. 142.] CHAP. XI. [See ant 6 p. 107. An act Jor farther continuing an act entitled An act to enable the gov- ernour and council to supply the armies and navies of the United States, and of their allies, with grain and flour. tht"gove™ou? WHEREAS the act of assembly passed in the year suppw^armies'^n® thousand seven hundred and seventy-eight, entitled untted^stlr^ & " -^ ^ct to enable the governour and council to supply Slto&flour^m-*^6 armies and navies of the United States and of their Ser continued, allies with grain and flour," which was continued by an act entitled "An act for continuing an act entitled an act to enable the governour and council to supply the armies and navies of the United States and of their allies with grain and flour," will expire at the end of this present session of assembly, and it is necessary the same should be farther continued: Be it therefore enacted by the General Assembly, That the act entitled "An act to enable the governour and council to supply the armies and navies of the United States and of their allies with grain and flour," shall continue and be in force from and after the expiration thereof, until the end of the next session of assembly, and no longer. [1779, 10 Hening's Stats. 149.] CHAP. XV. An act for laying an embargo on Salt, and for other purposes. on'^sSt."^" '^'"^ THE more effectually to supply the people of this commonwealth with the necessary article of salt: Be it enacted by the General Assembly, That an embargo shall be, and is hereby laid upon all salt within this common- wealth, for and during the term of three months from the end of this present session of assembly; and that the governour, with the advice of the council may, and is hereby empowered, at any time during the continuation of the present war, either to continue or to revive again LAWS OF VIRGINIA, m9. 959 and renew such embargo, by proclamation from time to time as the circmnstances of trade and the wants of the people may require. And if any person, during the timebrewh^'*'' '*" that such embargo shall be in force, shall presmne to carry any salt which now is, or hereafter may be within this commonwealth, out of the same by land or water, he or she so offending, shall forfeit and pay forty pounds for every bushel so carried out, to be recovered with costs upon motion in any court of record, to the use of the in- former, the defendant or defendants having had at least ten days previous notice of such motion. Provided never- .i?„!^^*-„^^°', fheless, That the governour with the advice of the council, ^*" permitted, may grant a permit for conveying salt out of this com- monwealth for the publick use of the United American States, or any of them, and that any two justices of the peace may grant a permit to any citizen of this or any of the adjacent states, to carry out any quantity of salt not exceeding five bushels, within any term of six months, upon satisfactory proof to them made that the same is for the use of such citizens own family or those in his employ, and not for sale. Every person sending or carrying salt from one dis- comp°?aiice° wlS trict to another within this commonwealth, shall give'*'® bond with sufficient security, in the penalty of fifty pounds for every bushel of salt so intended to be sent or carried, to the naval officer of the district from whence it shall be carried, that the same shall be relanded within this commonwealth, and shall within six months next there- after, produce to such naval officer, a certificate thereof from the naval officer of the district, or from some justice of peace of the coimty where such salt shall have been relanded, to cancel his bond, which shall otherwise be forthwith put in suit. And every vessel lading or taking on board salt under pretence of carrying the same from one district to another, before such bond shall have been given, shall and is hereby declared forfeited; one moiety thereof to the use of the informer, and the other to the commonwealth; and the like proceedings shall be had therein as in the capture of vessels from an enemy. Be it enacted, That the governour, and all persons acting by his directions, shall be, and they are hereby indemnified o/°goTOmormd in their proceedings under the resolution of the general °*^«^| 8^^J£^^^^ assembly of the 19th of October 1779, prohibiting the P^°^Jj''t'^|?f „'^» exportation of salt. ^'- 960 EJEVOLUTIONABY LEGISLATION. [1779, 10 Hening's State. 150.] CHAP. XVI. An act to encourage the importation of Salt. pratatronofsi)?" WHEREAS from the scarcity as well as high price of salt, it is proper that encouragement be given to the importation of that necessary article of life: Be it therefore enacted, That every owner or master of a vessel, who shall import salt into this commonwealth after the passing of this act, shall be allowed to export one hogshead of tobacco duty free for every five bushels of salt so imported. At the time of entering a vessel in which salt may be imported, the naval officer shall give the owner or master thereof a certificate, specifying How obtained, ^jjg time and quantity of salt imported. The owner or master of a vessel producing such certificate to any inspector, shall be entitled to ship one hogshead of tobacco duty free for every five bushels of salt con- tained in such certificate, giving the inspectors at such warehouse a receipt thereon for the number of hogs- heads so delivered, which receipt and certificate shall be allowed the inspectors in settling their accounts for duties on tobacco. If the owner or master of a vessel hath not so many hogsheads of tobacco at one ware- house as his certificate entitles him to export duty free; in that case he shall give the inspectors thereof a receipt for so many hogsheads delivered at such ware- house; and the inspectors shall thereupon endorse on the back of the certificate, the number of hogsheads so deUvered and the time; and the master or owner shall be allowed to make up such deficiency at any other ware- house, upon producing to the inspectors thereof such certificate, and giving them a receipt thereon for the same. e:5ort3«on.*^ °° ^^^ whereas it may so happen, that after an embargo on salt is taken off, the importer thereof, notwithstand- ing he has received the bounty given by this act, may export the same: Be it enacted, That every person import- ing salt and receiving the benefits given by this act, shall before he obtains a permit to export the same, or any part thereof, pay down to the naval officer so much money as the bounty for the importation thereof amounted to in shipping tobacco duty free. suppi^tag ^ft i" ^'"^ *^ it farther enacted, That the act entitled "An v^">^ act to supply the inhabitants of this commonwealth with salt upon reasonable terms," shall be, and the same is hereby repealed. LAWS OF VIEGINIA, 1719. 961 [1779, 10 Hening'B Stats. 157.] CHAP. XX. An act to revive an act entitled An act to amend an act for preventing forestalling, regrating, engrossing, and publich vendues. WHEREAS the act of assembly passed in the year ,o^e?tafiiS?rre- one thousand seven hundred and seventy eight, entitled g|*g'j,'ub™c^^^ "An act to amend an act for preventing, forestalling, ^tJue^*" '""'' regrating, engrossing, and publick vendues," expired on the first day of November last, and it is expedient and necessary that the same should be rivived: Be it there- fore enacted, That so much of the act entitled "An act to amend an act for preventing forestalling, regrating, engrossing, and publick vendues," so far as it relates to forestalling, regrating, and engrossing, be revived, and shall continue and be in force from and after the passing of this act, for and during the term of one year, and from thence to the end of the next session of assembly. And whereas it is thought expedient to impose a tax s„S"^f auction.'*^ on goods, wares, and merchandizes, imported from other states and countries which shall be exposed to publick auction: Be it therefore enacted, That a tax of two and a half per centum on all goods, wares, and merchandizes, hereafter imported from other states and countries ex- posed to publick auction that shall not have been im- ported nine months before such sale, shall be paid into the publick treasury of this state in the months of April and October annually, by the vendue master, who at the same time shall render an account upon oath, of all sales made by him, unto the auditors. And whereas a practice has prevailed among vendue masters and owners of goods, wares, and merchandizes, that have been ex- posed to sale, to bid on the goods either with a view of enhancing the prices of the same, or of fixing the prices of goods of a similar kind; to prevent such practice. Be it farther enacted, That it shall not be lawful for the ven- Vendue maste^ due master or person acting under hmi, either directly f^^'^l °^ foo^ or indirectly, to bid for any goods, wares, or merchan- '" auction. dizes subject to the tax aforesaid, which he may expose to publick sale, unless he shall openly declare that he intends to purchase the same bona fide for the use and consumption of himself and family; nor shall it be lawful for the owner or owners of any goods, wares, or mer- chandizes exposed to publick sale, either by himself, 37639—18 61 962 REVOLUTIONARY LEGISLATION. Exception. herself, or themselves or agents, directly or indirectly to bid on such goods, wares, or merchandizes; and in case any such vendue master, owner, or owners shall presume to violate or bid contrary to this act, on conviction thereof, he or they shall forfeit and pay three times the value of the goods, wares, and merchandizes so bid for, to be recovered in any court of record in this state, by action of debt, biU, or plaint, one half of the forfeiture to the informer, the other to the commonwealth. h Jwl'ppoTnt^d^ •^'^ ^^ a farther enacted, That the court of each county, and qualifled. where it may be necessary, shall appoint a vendue mas- ter, who shall give bond and security, in the sum of five thousand pounds, for the payment of all taxes arising from the sales of goods, wares, and merchandizes which he shall sell, into the publick treasury, and shall take an oath for the faithful discharge of his office, which oath may be administered by any justice. vided. PASSED AT GENERAL ASSEMBLY BEGUN AND HELD MAY 1, 1780. [1780, 10 HeniBg's Stats. 221, 224.] CHAP. I. An Act to embody militia for the relief of South Carolina, and for other purposes. * * * * -fr Waggons pro- ^^j whereas the necessity of waggons to attend the troops is indispensable, and it having been found by experience that they cannot be obtained in sufficient numbers, without power to impress the same; Be it enacted by the authority aforesaid. That it shall and may be lawful for the governour, with the advice of council, to authorize any quarter master to impress and take into the publick service, for the use of the army, as many waggons as the nature of the service may, in the opinion of the governour and council, de- mand; and that for every waggon, team, and driver, so impressed, shall be paid fifty pounds of tobacco per day, and be found as usual. LAWS OP VIEGINIA, 1780, 963 [1780, 10 Hening'a Stats. 233.] CHAP VIII. An act for procuring a supply of provisions and other necessaries for the iise of the army. WHEREAS in the present alarming and critical ''"^''lo. situation of the war with a powerful enemy in the neighbouring southern states, it may be indispensably necessary to provide and collect in proper places, with the utmost expedition, large stores of provisions, either to supply our own militia or continental troops, or for supplying the troops sent by our good allies to the assistance of these United States; Be it enacted by the General Assembly, That the governour, with the advice of council, be empowered to appoint commissioners in such counties, within this commonwealth, as they may think necessary for the purpose of carrying this act into execution. And be it farther enacted, That each and every of to procar?prov!- the commissioners, before they enter upon the execu- by°^piirch^"of tion of their trust, shall take the following oath or affirma- ™p'^™™'- tion, which may be administered by any justice of the peace in the county for which the said commissioners shall be respectively appointed, to wit: "I A. B. do swear or affirm, that I will diligently and faithfully, without favour, affection, or partiality, execute the duty and trust reposed in me by an act of the general assembly of this commonwealth, entitled An act for procuring a supply of provisions and other necessa- ries for the use of the army." Be it enacted. That all and every of the commissioners appointed and qualified as before directed, shall have power and authority, and they are hereby required to examine into the state and quantity of the provisions in the possession of every person and family within their respective counties, where they shall have reason to believe such supplies may be obtained, and to purchase the same, at such prices as are herein after stated. And if the holder of such provisions or other necessaries shall refuse to sell the same, then the said commissioner shall seize the same for the publick use, under the following restric- tions and limitations. Provided nevertheless, that the commissioners shall leave in the hands of the tavern- keepers, a sufficient quantity of such enumerated arti- cles, not only for the use of the family of such tavern- 964 EEVOLUnONARY LEGISLATION. keeper, but as much as may be necessary for the accus- tomed consumption of such tavern. The commissioners aforesaid shall tender to each holder, for all provisions he can spare, receipts or certificates for the same, at pj|,^'P"'^**'*the rates, and upon the conditions hereafter mentioned, that is to say: For pickled beef, twenty four shillings per pound; for salted pork, thirty shillings per pound; for bacon, forty eight shillings per poimd; for Indian com, seven pounds per bushel; for wheat, twenty poimds per bushel; for rye, twelve pounds per bushel; for oats, five pounds per bushel; for pease, eight pounds per bushel; for superfine flour, sixty pounds per hundred weight; for common flour, fifty pounds per hundred weight; for ship stuff, forty pounds per himdred weight; for white bisket, seventy five pounds per himdred weight; for brown bisket, sixty pounds per himdred weight; for West India rum, thirty pounds per gallon; for taffia, twenty pounds per gallon ; for brandy, twenty five pounds per gallon; for corn spirits, fifteen poimds per gallon; for allum salt, forty pounds; for French or fine salt, thirty pounds per bushel; provided, that the same exemption from seizure of salt as is extended to the importers thereof under this act, shall also be extended to the manufacturers of salt within this commonwealth. Certificates And provided also, that the proof herein after demanded therefor, when , , . i i i- t i ^ n • and where pay- oi the importer, that he did bona fide import the arti- . cles found in his possession, shall extend to prove that !.he has not, subsequent to the importation, sold the said articles to another. All such receipts or certificates shall be payable at the treasury, within six months from the date, with an interest at the rate of six per centum thereon; allowing always for the difference of value between the time of payment and the delivery of the articles; which difference shall be previously settled by the board of auditors, according to the respec- tive prices of tobacco; or otherwise any person holding such receipt or certificate, may pay them to the collector in discharge of his or her next money tax, or his or her next specifick tax, in Uke kind and quantity. And he it farther enacted, That it any person shall re- fuse to shew to the comissioners, when thereto required, his stock or quantity in possession, of any of the above doorl'may^b^e®^'^'™^®''^*®*! articles, the said commissioners are hereby broken. authorized and required to break open, in the day time, any house, barn, outhouse, mill, or store-house, or other LAWS OF VIEGINIA, 1780. 965 outhouses where any such enumerated articles may be suspected to be; and seize and take into his possession for the publick use of salted beef, pork, and bacon, the surplus; and of Indian corn, half the surplus; after leaving sufficient for the use of the family, or those in his or her service, to the first day of December next, of wheat, rye, oats, flour, rum, and other spirits, the sur- plus; after leaving sufficient for the use of the family to the first day of September, one thousand seven hundred and eighty one, and also a sufficient quantity of such grain for seed for the succeeding crop; of bisket, salt, rum and other spirits in the possession of any person or persons, for sale, not exceeding one half of the quantity on hand. If flour should be seized by the commissioners in the possession of any baker or bakers, then the said com- missioners may store the same with such baker or bakers for the purpose of being made into bread, pay- ing for baking thereof a reasonable allowance, to be ascertained by previous contract, shoidd the person in whose possession such flour shall be so seized, be willing to undertake the same; and in case of refusal, then the said commissioners may cause the same to be removed to such other place as they may judge proper, for that or any other purpose. And if any person so called on by the commissioners shall wilfully secrete or conceal any of the before enumerated articles in his or her possession, he or she so secreting or conceaUng the same, being proved guilty thereof, shall forfeit and pay to the use of the commonwealth, treble the value of the articles so secreted or concealed; to be recovered by action of debt or information, instituted in any court of record by the said commissioners, or either of them. Provided always, that the quantity and kind of any of the above enumer- ated articles, to be collected by virtue of this act, in each county, may be farther limited by the directions of the governour, with the advice of council, as the publick exigence may permit. And to the end, that such limita- tion may be the more properly directed, the commis- sioners to be appointed by this act shall make monthly returns of their collections to the governour. Provided also, that the said commissioners shall not seize any pro- visions which may have been procured for the use of the crews of any vessels, if the quantity so procured, be not more than sufficient for their voyage; and that any arti- cles herein before enumerated, which shall be in the pos- 966 KEVOLUTIONABY LEGISLATION. session of the importer thereof, shall be, and the same are hereby excepted out of this act. transfprtltion"o'f Provided always and be it enacted, That in every pfovidedlor. '"'^ case where a doubt shall arise, whether any of the said enumerated articles have been imported by the person or persons possessing the same, the proof of such im- portation shall be upon the possessor. Arid be it far- ther enacted, That the said commissioners and each of them within the county for which they are respec- tively appointed, be authorized and required to hire ar.d give certificates for the same in manner as before directed, or if need be, to seize any store-houses for the safe keeping the said enumerated articles, and to hire in manner aforesaid, or if need be to impress any horses, carriages, and their drivers, boats, and other ves- sels and their crews for transporting the same, and to hire persons and procure materials for making sacks, barrels, or other proper casks, or boxes for the con- taining or transporting the same; and in general to do aU and every thing which may be needful for the pro- curing, collecting, and transporting the said eniune- rated articles, to such places either within or without the county, as shall be directed by the governour with the advice of council: All articles seized or impressed by virtue of this act, shall be paid for with certificates, in the same manner as is herein before directed to be paid to persons wilhng to sell what they had to spare. And be it farther enacted, That any person who shall feTfei?Si^g''p'i°ov?- forge. Counterfeit, alter, or erase, any certificate granted hoS pSihabil^' or directed to be granted by this act, or shall pass or tender such counterfeits in payment, knowing them to be so counterfeited, altered, or erased, or shall be aiding, abetting, or assisting in such forgery or coimterf citing, altering, erasing, or tendering, shall be deemed guilty of felony without benefit of clergy, and shall suffer death. The court of the county shall ascertain and certify the proper allowances to the commissioners for their expense ard trouble, which being examined, and the errours corrected by the auditors for publick accounts, shall be paid by the treasurer. Any commissioner who shall be so appointed, and refusing or neglecting to act, shall forfeit and pay the sum of one thousand pounds to the use of the commonwealth, to be recovered with costs by action of debt or information in any court of record. The operation of this act so far as it relates to the seizure LAWS OF VIEGINIA, IISO. 967 of salt, shall not be construed to extend to that article purchased by, and in quantities suited to the wants of, the owners for their private use, which may be in the custody of any other person (the onus proiandi of such purchase, to he on the person in possession) and shall cease on the first day of August next; and so far as it relates to any other matter or thing therein contained, shall continue and be in force until ten days after the beginning of the next session of general assembly, and no longer. [1780, 10 Hening's Stats. 290.] CHAP. XXIII. An act to revive and amend an act entitled An act for the inspection of [Chan. Rev. p. pork, beef, flour, tar, pitch, and turpentine. ' I. WHEKEAS the act of assembly passed in the vear. ><=',''"' '"speo , , , , ■' tion of pork, beef, one thousand seven hundred and seventy six entitled """J^' '*''' p"*- • , . . , 1 1 f n *"'* turpentine, "An act for the mspection of pork, beef, flour, tar, pitch, ''^^'J j° *°" and turpentine," expired on the twenty sixth day of June last; and it is expedient and necessary that the same should be revived and amended: Be it therefore enacted, That the act entitled "An act for the inspection of pork, beef, flour, tar, pitch, and turpentine," be revived and shall continue and be in force from and after the end of the present session of assembly, for and during the term of two years, and from thence to the end of the next session of assembly. And the several in- spectors to be appointed in virtue of the said recited act, shall receive the following fees instead of those estab- lished by the same, to wit: For every barrel of pork or fees altered. beef inspected and stamped, twenty shillings; for every barrel of tar, pitch, or turpentine, one dollar; for every barrel of flour containing two hundred and twenty pounds nett, or less, five shillings, and in proportion for every cask of greater weight, and no more, to be paid down by the owner. II. Avd he it further enacted, That all the penalties and ^j^5"a'*'»s ai- forfeitures to be incurred by the said recited act for fail- ure or neglect of duty, shall be forty times as much as the respective sums of money specified in the said act, and shall be sued for and recovered in the same manner and applied to the same uses as therein directed. 968 EEVOLTJTIONARY LEGISLATION. [1780, 10 Henings Stats. 302.] CHAP. XXIX. jjK™- ^*^- P*"- An act to enable the govemour to provide a laboratory and proper maga- zines/or the reception of arms, ammunition, and other publick stores. maSrin^^tVb? I- WHEREAS it is expedient that proper magazines provided. j^j. ^j^g reception of the arms, ammunition, and other pubhck stores, and a laboratory be speedily provided, Be it enacted by the General Assembly, That the govemour, with the advice of his council may, and he is hereby empowered and required to cause such and so many magazines as shall be judged necessary, and a laboratory to be immediately erected at the publick expense, at such place or places as they shall think proper; and that rea- sonable satisfaction may be made to the proprietors of all lands which by virtue of this act may be taken and appropriated to the uses aforesaid, the clerk of the county wherein any such land shall lie, is hereby empowered and required, on requisition from the governour for the time being, to issue a writ ad quod damnum, to be directed to the sheriff of the said county, commanding him to sum- quired?^' """^ ^'^ ™on ^°d empannel twelve able discreet freeholders of the vicinage, no ways concerned in interest in the said lands, nor related to the owners or proprietors thereof, to meet on the said lands respectively on a certain day to be mentioned in the said writ, not under five, nor more than ten days from the date thereof, of which notice shall be given to the respective proprietors of the said lands, if thev be to be found within the county, and if not, then to their respective agents if any there be; which freeholders taking nothing, on pain of being dis- charged from the inquest and immediately imprisoned by the sheriff, either of meat or drink from any person whatever, from the time they came to the said place until their inquest sealed, shall be charged by the said sheriff impartially, and to the best of their skill and judg- ment to value the lands on which the said magazines and laboratory are to be erected, to be laid off by order of the governour, and not exceeding three acres for each of the said buildings; and after such valuation made, the said sheriff shall forthwith return the same under the hands and seals of the said jurors, to the derk's office of the said county; and the right and property of the said lands so laid off and valued, shall be immediately divested and be transferred to this commonwealth in fee simple; LAWS OF VIRGINIA, 1180. 969 any want of consent or disability to consent in the said owners notwithstanding. The cost of building such mag- azines and laboratory, the cost of the said inquest, and the several sums at which the rights of the owners are valued, shall be paid by the treasurer, out of the publick money in his hands, to the undertakers of the said maga- zines and laboratory, to the said proprietors, and others respectively entitled, on warrants from the auditors, countersigned by the governour. PASSED AT GENERAL ASSEMBLY BEGUN AND HELD OCT. 16, 1780. [1780, 10 Hening's Stats. 326, 335.] CHAP. III. An Act for recruiting this state's quota of troops to serve in the conti- nental army. » * * « » It shall be lawful for any justice of the peace, upon ^jjj^|g|?°^^|g«g: application from the commanding officer of any detach- ™°*- ment, to authorize such commanding officer to inipress into the publick service as many waggons, teams, and drivers as the nature of the service may, in the opinion of the magistrate, require; the owner of which shall be allowed fifty pounds of tobacco per day, and be found as usual, for each waggon, team, and driver; provided that no such impress shall extend to a longer period than six days, besides a reasonable time for returning home. [1780, 10 Hening's Stats. 338.] CHAP. IV. An act for supplying the army with clothes, provisions, and waggons. FOR furnishing a certain supply of clothing for the ^^°^^l^i^'^^^ army, Be it enacted hy the General Assembly, That each ^^^^^.^yj^^^g^" of the following counties and corporation shall furnish P™^™*i°°'^^j5°J' the number of suits of clothes annexed to each, and every suit shall consist of the following articles, to wit: Two shirts of linen or cotton, one pair of overalls, two pair of stockings, one pair of shoes, one wool, furr, or felt hat, or leather cap. The articles aforesaid shall be good in their kind and quality, of which the county lieutenants or commanding officers of militia in each, of the coimties 970 EEVOLUTIONAEY LEGISLATION. and the corporation respectively, shall be judges. The county of Accomack shall furnish forty seven suits, the county of Albemarle forty seven suits, the county of Amelia one hundred and twelve suits, the county of Au- gusta forty six suits, the county of Amherst thirty eight suits, the county of Bedford forty seven suits, the county of Botetom-t sixteen suits, the county of Brimswick in- cluding the coimty of Greensville one hundred and two suits, the county of Buckingham thirty eight suits, the county of Berkeley seventy one suits, the county of Carohne ninety three suits, the county of Charles City thirty six suits, the county of Charlotte thirty two suits, the county of Chesterfield eighty one suits, the county of Culpeper seventy foiu- suits, the county of Cumberland thii'ty eight suits, the county of Dinwiddie eighty two suits, the county of Elizabeth City fourteen suits, the county of Essex fifty two suits, the county of Fairfax forty four suits, the county of Fauquier fifty five suits, the county of Frederick seventy six suits, the county of Fluvanna thirteen suits, the county of Gloucester seventy suits, the county of Goochland forty six suits, the coimty of Greenbrier eight suits, the county of Halifax forty suits, the coimty of Hampshire twenty six suits, the county of Hanover eighty seven suits, the county of Henrico fifty five suits, the county of Henry twenty nine suits, the coimty of James City twenty two suits, the county of Isle of Wight forty two suits, the county of King George thirty eight suits, the county of King and Queen thirty eight suits, the county of King Wilham fifty six suits, the county of Lancaster twenty five suits, the county of Loudoun fifty three suits, the county of Louisa forty one suits, the county of Lunenburg twenty nine suits, the county of Middlesex twenty two suits, the county of Mecklenburg fifty four suits, the county of Montgomery twenty three suits, the county of Nanse- mond forty two suits, the county of New Kent thirty five suits, the county of Northumberland thirty four suits, the county of Norfolk twenty seven suits, the county of Northampton thirty three suits, the county of • Orange forty two suits, the county of Pittsylvania twenty suits, the county of Powhatan forty two suits, the county of Prince Edward thirty eight suits, the county of Prince George forty seven suits, the county of Princess Anne twenty five suits, the county of Prince WiUiam thirty nine suits, the county of Richmond thirty one suits, the LAWS OF VIKGISriA, 1180. 971 county of Rockbridge seventeen suits, the county of Rock- ingham nineteen suits, the county of Southampton fifty suits, the county of Spotsylvania sixty suits, the county of Stafford forty suits, the county of Surry twenty eight suits, the county of Sussex forty suits, the coimty of Shenandoah twenty eight suits, the county of Warwick nine suits, the county of Westmoreland forty two suits, the county of Washington twenty three suits, the county of York twenty four suits, and the city of Wilhamsburg eleven suits. And le it enacted, That the four senior magistrates j^^of^^o'^^^^ and the acting field officers or a majority of them in every e^h count^^' '° county and corporation, shall on or before the first day of February next, meet at the court-house of the counties or corporation respectively, and lay out each county and corporation into as many districts as there are suits of clothes required from the county or corporation, taking care that the whole assessable property within the county or corporation be taken into account, and that each dis- trict shall include an equal amount thereof, as nearly as may be. Such justices and field officers shall, in each dis- trict, appoint some proper person to call upon the inhabit- ants of the same, to meet at some convenient place therein, within ten days after holding the court, and at the meet- ing of a majority of the said inhabitants, the particular contribution of each individual towards furnishing the said clothes, may and shall be fixed and determined by a majority of those present, observing the rules of equahty as near as can be according to property; and such con- tributions allotted to each individual shah be furnished by him or her within fifty days after such meeting and deposited in the hands of the person appointed to call the district together, who is hereby directed to receive the same and grant receipts for such contributions, which shall exonerate the person to whom they are passed for so much, and the receiver ia the district shall deposit the same in the hands of the coimty lieutenant or com- manding officer within ten days after he shall receive them, which shall exonerate such receiver. If any dis- trict shall fail to produce the clothes required from it in fifty days as aforesaid, the receiver shall let to the lowest bidder the providing of the deficiency at some publick place in the district after five days pubUck notice thereof, and shall levy the expense accruing upon the goods and chattels of all or any of the persons so failing, in the same manner as distress for taxes is directed by law, to be 972 EEVOLUTIONAEY LEGISLATION. made by warrant from a justice of the peace, directed to the sheriff or constable appointed for the purpose, who shall receive the usual fees for making such distress. If the person who is such lowest bidder shall fail to produce the clothes within thirty days after his undertaking, he shall forfeit double the value thereof, to be recovered by warrant before a justice, on five days previous notice. In case a meeting of each district, or a majority, is not obtained after due notice as aforesaid within ten days, the receiver shall proceed to let the furnishing the said clothes to the lowest bidder, in like manner as if delin- quency had happened after a meeting and allotment as above, and the charge of furnishing them thus incurred, shall be distrained for, and the said lowest bidder liable to be prosecuted for his failure or delinquency as above is directed. army?''how fur* -A-nd be it enacted ly the authority aforesaid, That each erafcouDties!^^ of the districts SO as aforesaid laid off, shall cause to be dehvered to a receiver within the county or corporation, to be appointed by the governour, with advice of coun- cil, at such time and place therein as shaU be notified by the governour, one good beef, weighing at least three hundred weight nett, to be judged of by two indifferent persons on oath, the charge of procuring and dehvering which shall be apportioned among the people of the dis- trict at their said meeting, according to property as afore- said ; and in case of failure, the receiver shall let the same to the lowest bidder as in the case of clothes, and in hke manner levy the expense thereof upon the district or per- sons. The said justices and field officers shall, within sixty five days after their first meeting, hold a court at the courthouse of the county, for the purpose of enquir- ing into the manner in which the several meetings shall have been appointed and held, the several allotments or contributions in the districts have been made and com- pUed with, and in general to enquire into all and every delinquent under this act; and for this purpose the sev- eral receivers shall attend the said court, with an account of their proceedings in the respective districts; and if it shall appear that there is remaining any deficiency from the districts, or any of them, either of beef or clothes they may order and direct the same to be made up out of any money arising from penalties hereby inflicted on persons undertaking as lowest bidders for districts or parts of districts, or by ordering such proceedings against LAWS OF VIRGINIA, 1780. 973 deficient districts or persons as shall most speedily and effectually produce such deficiency, whether of clothes or beef, always regarding equality as to property. Pro- vided always, that five days previous notice of the pro- ceedings to be had, be given to such delinquent person or district, or a majority of the persons therein concerned, by the receiver of the district. And he it enacted, That the magistrates and field officers holding such meetings or courts may appoint a clerk to attend them, and min- ute their proceedings, and allow him a reasonable com- pensation for his service, not exceeding twenty pounds per day for each day he is employed ; and the said receiv. ers in districts shall be paid ten pounds per day for each day they shall be actually employed under this act, to be paid by the treasurer out of the publick money in his hands. The said court shall transmit to the governour, without loss of t'me, an exact account of the contribu- tions of clothes and beef actually received, noting how much of each remains uncollected. A justice or field officer faihng to do his duty as herein is directed, shall forfeit and pay five thousand pounds of tobacco; a sheriff, receiver, or constable, ten thousand pounds of tobacco. And he it enacted, That each and every of the coun- tj,7*a|^"°^'ho" ties and the corporation, from which suits of clothes ^^^j^^g^-^^yi^''^ and beef are directed to be procured, shall on or before the first day of March next ensuing, furnish and provide one good and serviceable waggon with a good cover and a team of four good horses and complete harness with a driver, who shall serve as a driver one month at the expense of such county respectively; and the courts of the said counties and corporation, are hereby authorized and required for this particular purpose, to meet at the court-houses on some day between the twentieth day of January and seventh of February next ensuing, and then and there assess and levy on the tithable persons or the property in the said counties and corporation assessable in specie, as may best conduce to equality, in respect to property, a sufficient amount either in money, tobacco, or hemp, to make payment for the said waggon, team, driver, and all necessary charges attending the same, and shall out of such levy or assessment, cause to be made, due payment for the articles hereby required for the said county or corporation; and the sheriffs or col- lectors in every of the said counties and the said corpora- 974 KEVOLUTIONAHY LEGISLATION. tion, are hereby required to make the collection of the levies or assessments so to be made or required, and to distrain for the same on refusal or neglect of payment, and shall receive a commission for so doing as in case of collecting taxes, and the said courts may appoint some proper person to purchase the articles hereby re- quired, and shall cause the said waggons and (eams to be delivered at such place or places as the governour with the advice of the council shall direct, without delay, and in good order for immediate service. If any court hereby directed to meet, shall fail so to do, on or before the time required, or meeting, shall fail to make or order the levy or assessment hereby required to be made, every justice qualified to act in his office in such county or corporation, shall forfeit and pay three thousand pounds of tobacco; and in case the sheriff or collector shall fail or refuse to accoimt for and pay the money, tobacco, or hemp, hereby directed to be collected by any county or corporation court, by the time limited, the said sheriff or collector shall forfeit and pay double the amount of the said money, tobacco, or hemp, so by him unpaid, to be recovered with costs on motion before the county or corporation court, on ten days previous notice to the sheriff or collector. If any county or corporation shall fail to produce the waggon and team as herein is required, at the time and place so as aforesaid, to be appointed, the governbur with advice of the council is hereby em- powered immediately to order prosecution against the justices, sheriffs, or collectors, who may have failed in their duty as required by this act; and out of the for- feitures such delinquents may have incurred, to direct purchases of waggons and teams to be made for the publick service. And to the end that proper informa- tion may be had of delinquencies, the clerk of every county and of the said corporation court, shall transmit to the governour within fifteen days after the last day appointed by this act for holding a court to make the levy, a copy of their proceedings, or in case no court shall be held, to certify the same, in order that prose- cution may in that case be commenced against the offending justices. And be it enacted, That this act be transmitted by the governour to the first or eldest acting justice in every county or corporation, who is hereby required to summon the other justices to meet for the purposes of executing this act within the time as above- LAWS OF VIRGINIA, 1780. 975 mentioned; and the charge of summoning such court, shall be levied on the county or corporation by the said court, in the aforesaid levy hereby to be made for ob- taining the waggons and teams; and if the said first or eldest acting justice, shall fail to summon such court to meet as aforesaid, he shall forfeit and pay fifteen thou- sand pounds of tobacco, to be recovered and applied as before directed. Provided always, that the counties of Accomack and Northampton, shall be permitted in lieu of the waggon and team herein before described, to pay into the treasury on or before the time appointed for the delivery of the wagon, £. 150 in specie, or the value thereof in current money, or twelve thousand pounds of crop tobacco, inspected since the first day of July, one thousand seven hundred and eighty. [1780, 10 Henings Stats. 344.] CHAP. V. An act to revive and amend the act entitled An act for procuring a supply of provisions and other necessaries for the use of the army. WHEREAS the act of assembly entitled "An act forj^^"* '^^pP™"Jj procuring a supply of provisions and other necessaries p^'J^'^JI'^^^' for the use of the army," hath expired, and it is expedient amended!* *""* and necessary that the same should be revived and amended. Be it therefore enacted, That the said recited act shall be, and the same is hereby revived, and shall continue and be in force until the end of the next session of assembly, except as to the period of time to which the quantities of certain provisions necessary for the use of the owner's family shall not be subject to seizure, which period, instead of the first day of December, one thousand seven hundred and eighty, shall extend to the first day of December, one thousand seven hundred and eighty one; and except as to the prices allowed for the several articles therein enumerated; and except also as it relates to salt, rye, superfine and common flour. The gover- nour, with advice of the council, shall appoint a com- missioner, whose business it shall be, after giving bond and security for the due and faithful discharge of his duty, to superintend the execution of this and the said recited act; he shall reside at the place where the execu- tive shaU sit, or in the neighbourhood thereof; shall and may appoint a deputy in each county where he shall judge 976 REVOLUTION AKY LEGISLATION. it necessary, and the same to remove at pleasure; every deputy so appointed shall be accountable to the com- missioner for his transactions; each deputy shall keep exact accounts of the provisions procured in his county, under the said act; he shall also settle with the commis- sioners of the specifick tax in his county, and make accu- rate returns thereof to the said commissioner once in every three months at least; the said deputy shall, from time to time, observe such instructions and regulations as the said commissioner, with advice of the executive, may think proper to establish for their government and direction; the said commissioner shall raise proper ac- counts against the continent for such provisions as shall be taken and applied to the continental use; the said commissioner and deputies shall be entitled to such sums of money for their trouble as the govemour, with advice of council, may think they respectively deserve, to be paid by the treasurer, on warrant from the gover- nour; every such warrant to be previously entered in the 810^**° "' P™^''" auditors office. And be it farther enacted, That all seiz- ures hereafter made by virtue of this and the said recited act, shall be paid for in manner and form therein pre- scribed, and at the following rates, to wit: For wheat, sixty six dollars and two thirds of a dollar per bushel; for Indian corn, twenty dollars per bushel; for pease, thirty dollars per bushel; for oats, fifteen dollars per bushel; for pickled beef, eight dollars per pound; for bacon, twenty dollars per pound; for salt pork, twelve dollars per pound; for brandy, sixty dollars per gallon; for whiskey, forty dollars per gallon; for taffia, fifty dol- lars per gallon; for West India rum, eighty dollars per gallon; for white biscuit, three hundred dollars per hun- dred weight; for ship bread, two hundred dollars per hundred weight; for fine flour, two hundred dollars per hundred weight; for seconds or ship stuff, one hundred and fifty dollars per hundred weight. And be it farther enacted, That if any person shall think him or herself aggrieved by any deputy in the execution of this or the said recited act, every such per- son shall have the right of appeal to the commissioners of the tax in his or her county, who, or any two of them, are hereby authorized and empowered to hear such com- plaint, and upon proof to them made, that such deputy hath acted contrary to the directions of this or the said recited act, shall order such deputy to make immediate LAWS OP VIRGINIA, 1780. 977 restitution, and on failure so to do, he shall be liable to the action of the party aggrieved. And whereas the late invasion on the eastern frontier rendered it indispensably necessary for the governour and council to procure pro- visions in the mode prescribed by the said act, notwith- standing the expiration thereof, in order to supply the militia called into duty in consequence of such invasion; Be it therefore enacted, That all proceedings of the gov- ernour and council under the said act are hereby declared vahd. And whereas great delays and inconveniences will arise to the army unless quantities of forage can be procured for the use of the same, Be it enacted, That the goveinotir, with the advice of the council, be authorized and empowered to take such measures as shall be most effectual for providing sufficient quantities of hay, fodder, and other forage for the use of the said army. Provided, that not more than one sixth of the quantity of forage in the possession of any person shall be taken under this act, and the quantity so taken shall be ascertained and paid for in the manner directed by the said recited act. [1780, 10 Hening's Stats. 376.] CHAP. XXVIII. An act for farther continuing an act entitled an act to empower the governour and council to lay an embargo for a limited time. WHEREAS the act of assembly passed in the year ^^•^ct^^i'Jthomina one thousand seven hundred and seventy eight, entitled X^^oltfnied"" "An act to empower the governour and council to lay an embargo for a limited time," which was con- tinued by several subsequent acts, will expire at the end of this present session of assembly, and it is expe- dient that the same should be farther continued. Be it therefore macted by the General Assembly That the act entitled "An act to empower the governour and council ,0 lay an embargo for a limited time," shall continue and be in force, from and after the expiration thereof, until the end of the next session of assembly, and no longer. [1780, 10 Hening's Stats. 376.] CHAP. XXIX. An act for the more effectual and speedy clothing of the army. WHEREAS the liberty, safety, and future happi- ^'e^bie. ness of the good people in this commonwealth, in great measure depend upon the speedy and well clothing the 37639—18 62 978 BEVOLUTIONARY LEGISLATION. army, Be it therefore enacted, That the tax of thirty ageSt'tordottUn? pounds of tobacco pel poll, payable by virtue of an act lor the army. ^f assembly entitled "An act for establishing a fimd to borrow money for the use of the United States, and for other purposes;" be, and the same is hereby set apart and appropriated to and for the sole purpose of procuring necessaries for the army, except so much thereof as shall be necessary to repay the money borrowed under authority of the said act, and the whole produce thereof, except as before excepted, shall be payable to the agent appointed by the govemour with the advice of council, for the purpose of procuring such necessaries, and be at the absolute disposal of such agent for the purpose aforesaid, and in case the fund arising from the said tax shall prove insufficient for procuring the said nec- essaries, the govemour with the advice aforesaid, is hereby empowered to issue, or cause to be issued, a sum of money sufficient for the purchase of fifteen hundred hogsheads of tobacco in aid of such fund, which money so issued shall be receivable in aU taxes as other moni^ are. And if fifteen hundred hogsheads of tobacco shall prove deficient for the purpose of procuring such neces- saries when placed in aid of the said tax, the general assembly will at their next session, make good such deficiency, and wUl fully and amply comply with such engagements, as the said agent shall enter into with the approbation of the govemour with advice of council, for procuring the necessaries aforesaid, and moreover will provide funds for caUing in and redeeming the mf^^be^^lm-^o^^y hereby directed to be emitted. And be it ermcted, '''rt'uon oioiott ''^^^^ ^^y ^^ '^^ vessels belonging to this state at the ™B- discretion of the govemour with the advice of council, shall and may be turned over and delivered to the said agent, to be by him employed in conveying, collecting, or transporting the necessaries aforesaid, or the com- modities requisite to be exported, for procuring them notwithstanding any thing to the contrary contained in an act of this session, entitled "An act for the defence of the eastern frontier of this commonwealth." one Mm^^vessei Provided always and be it farther eriacted, That proper tS'^emp?oy^'*on' attention shall be paid to the defence of the commerce the Chesapeake. g^jj(j ^]jg shores of Chesapeak bay and its dependencies, for which purpose there shall be constantly kept cruis- ing, one armed vessel carrying at least fourteen guns, not less than four pounders, with a competent number of LAWS OF VIRGINIA, V18L 979 men, and a small armed tender for the said vessel. And ipjj,"^^^™^ ^. for the purpose of procuring importations of salt, Be it **°s* '"'■ ^*"- enacted, That it shall and may be lawful to and for the said agent to export to the island of Bermudas, any quantity of Indian corn, not exceeding six thousand barrels, in payment for any quantity of salt that can or may be obtained for the same; and the said salt when obtained, shall be disposed of for publick purposes in the first place, and the remainder towards the people at large, in such manner as the executive may direct. PASSED AT GENERAL ASSEMBLY BEGUN AND HELD MARCH 1, 1781. [1781, 10 Hening's Stats. 393.] CHAP. 11. An act to remedy the inconveniencies arising from the interruption given See ante p. 326, to the execution of two acts passed at the last session of assembly, for recruiting this state's quota of troops to serve in the continental army, and for supplying the army with clothes, provisions, and waggons. WHEREAS through the interruption given by the ^„^^^^''«^ «me present invasion, to the execution of two acts passed atjg**]*^ s^lon the last session of assembly, the one entitled "An act ^^[/®^''"i*^^ti'^ for recruiting this state's quota of troops to serve in the^[°°P|^°j''*®^°: continental army," and the other "An act for supplying ^^ '°'^^pp'^| the army with clothes, provisions, and waggons;" the°?°^'^*|jj^P^»^'; said acts have in many counties been wholly suspended, sons, and in others are proceeded on under great doubts and obstacles, insomuch that the time limited for the execu- tion thereof, may expire before the said recited acts can be carried into full effect. And whereas the zeal of many counties hath, in compliance with a recommenda- tion of the executive, led them to proceed in the execution of the said recited acts, whereby the instruments of the law may be subject to cavil and vexation from indi- viduals, for remedy whereof Be it enacted iy the General Assembly, That in any county where the execution of the said recited acts or either of them shaU have been sus- pended or delayed, it shall and may lawful for the magis- trates, militia officers, commissioners, assessors, sheriffs, collectors, and other persons, charged with the execu- tion thereof, immediately after the receipt of this act, to proceed thereto, in the same manner as they might have done by virtue of the said recited acts or either of them, 980 BEVOLUTIONAKY LEGISLATION. having regard to the particular periods limited both for the commencement and for the execution of any particu- lar duty therein required. Provided nevertheless, That the governour is hereby empowered, by and with the advice of council, to suspend in any particular county or counties, the operation of both or either of the said acts for so long a time as to him shall appear necessary and expedient. And whereas so .much of the said last recited act as relates to the live beef to be furnished by the divisions, requires explanation and amer dment. It is farther enacted, That the executive shall caU for the said beef whenever the pubhck necessities shall demard it, giving previous notice as is therein directed, and if it shall so happen that the said beef shall be required after the extraordinary court for punishing delinquencies shall have past, the respective county courts are hereby vested with the same powers as the said extraordinary court possessed, and shall at their sessioias next succeeding any dehnquency luider the said last recited act punish the same and remedy the inconveniencies to be derived therefrom, in the same manner as such extraordinary court might have done under the said act. All beeves to be furnished under the said act, shall weigh at least three hundred, including the fifth quarter; provided that any two or more divi- sions may jointly furnish their beef so that they do on an average weigh three hundred. And provided also, that if any division shall furnish a beef adjudged to be of a greater weight, that the person furnishing the same, shall receive a certificate for the overplus from the re- ceiver, which shall be settled by the auditors and paid for out of the treasury; the said receivef furnishing the auditors with a list of such certificates, by which to ad- just the said claims. And be it farther enacted. That aU and every person or persons charged with the execution of the said recited acts, who may have proceeded in that duty agreeable to the recommendation made by the executive, notwith- starding the expiration of the time hmited for that pur- pose by the said recited acts, or either of them shall be and they are hereby exonerated from aU loss, injury, or damage, in consequence of such procedure; and that in case of any action, suit, or prosecution, commenced or to be commenced thereupon, the defendant or defendants may plead the general issue and give this act in evidence. LAWS OP VIRGINIA, 1181. 981 And he it farther enacted, That all persons directed to carry into execution the said recited acts, or either of them, shall peform the same duties on their revival by this act as if they had never expired, and shall respec- tively for any omission or neglect of duty, be subject to the same penalties and forfeitures as in and by the said recited acts or either of them are imposed or inflicted, to be recoverable in the manner as therein prescribed. And he it enacted, That no distress for the tax of two per in'^'^'^tuai "otvIw centum on property valued in specie shall be made by^^P™^'**- any collector on the estate of any person in actual service, as a militia man, but the said tax shall be suspended, for and during the time of service in which the citizens of this commonwealth are respectively engaged in the mi- litia, and no longer. And whereas great abuses have been committed by persons called on to appraise provisions for the use of the mihtia when called into actual service. Be it farther enacted. That the auditors for publick accounts, on every such certificate produced to them, allow no greater price than is fixed by the act entitled "An act to revive and amend an act for procuring a supply of provisions and other necessaries for the use of the army," [1781, 10 Hening's Stats. 397.] CHAP. IV. An act to exempt artificers employed at iron works from militia duty. BE it enacted hy the General Assembly, That every pig^^^'j^™^^ i*^ ipted duty. artificer actually and necessarily employed at any iron ^°^^j^i^?^'t*'' works in this state, shall be exempted from all military duty, during the time they are so employed; and that such and so many waggons or other carriages with their teams and drivers, as are also actually and necessarily employed at such works, shall be exempted from all impresses for publick service during such employment, any law to the contrary notwithstanding. This act shall continue and be in force until the end of the next session of assembly, and no longer. 982 EEVOLUTIONAEY LEGISLATION. PASSED AT GENERAL ASSEMBLY BEGUN AND HELD MAT 7, 1781. [1781, 10 Hening's Stats. 413, 414, 416.] CHAP. VII. An Act for giving certain powers to the governour snd council, and for punishing those who shall oppose the execution of laws. Preamble. Whereas in this time of public danger, it is necessary to invest the executive with the most ample powers, both for the purpose of strenuous opposition to the enemy, and also to provide for the punctual execution of laws, on which the safety and welfare of the common- Extensive pow- wealth depends; Be it therefore enacted. That the gov- councii: to call emOF, with advicc of council, is hereby empowered to forth the forces n i- i i <. i .■ i • ■ i and resources oicall forth the forccs and resources of this state, in such numbers and quantities, and for such purposes as the common good may make necessary, and to march or order them to such place or places as the service may require. The governor, with the advice of council, is To impress also hereby empowered to procure by impress or other- property. . J r ^ r J r ^ wise, under such regulations as they shall devise, pro- visions of every kind, all sorts of cloathing, accoutre- ments and furniture, proper for the use of the army, negroes as pioneers, horses both for the draft and cav- alry, waggons, boats or other vessels and their crews, and also all other necessaries as may be wanted for supplying the militia or other troops employed lq the pubhc service. Rules in im- ^nd he it enocted, That all property taken or im- pressments, un- . , , . 1 11 1 1 1 • 1 • aer this act. pressed by vu-tue of this act shall be duly appraised in specie on oath by two indifferent persons, and a certificate thereof delivered to the owner; and every person acting under an appointment from the governor to make impresses of any property whatsoever, shall previously shew his said appointment to the person or persons con- cerned, or to his or their agent if to be found: Any per- son making impressment contrary thereto shall forfeit and pay double the value of the thing impressed. This act shall continue and be in force from and after the passing thereof until the end of the next session of assem- jaly, and no longer. LAWS OF VIRGINIA, 1781. 983 [1781, 10 Hening's Stats. 423.] CHAP. X. An act for farther continuing an act entitled an act to empower the govern- our and council to lay an embargo for a limited time. WHEREAS the act of assembly passed in the ye&r i^^^J^^^^n one thousand seven hundred and seventy-eight, entitled, SSgoesf tSrS "An act to empower the governor and council to lay "<""'""»'*• an embargo for a limited time," which was continued by several subsequent acts, will expire at the end of this present session of assembly, and it is expedient that the same should be farther continued; Be it therefore enacted by the General Assemily, That the act entitled "An act to empower the governor and council to lay an embargo for a hmited time, " shall continue and be in force from and after the expiration thereof until the end of the next session of assembly, and no longer. [1781, 10 Hening's Stata. 425.] CHAP. XII. An act for continuing an act entitled An act to exempt artificers employed [Chan. Kev. p. at iron works from militia duty. '■' WHEREAS the act of assembly passed at the last Act exempting ^ ^ artificers at iron session, entitled, "An act to exempt artificers employed ^"'■^sjro'n^m^j- at iron works from militia duty," will expire at the oo'»t«i"«'i- end of this present session of assembly, and it is expe- dient that the same should be continued; Be it therefore enacted by the General Assembly, That the act entitled "An act to exempt artificers employed at iron works from mihtia duty," shall continue and be in force from and after the expiration thereof untU the end of the next session of assembly, and no longer. [1781, 10 Hening's Stats. 425.] CHAP. XIII. An axA for farther continuing an act entitled An act to amend an act for preventing forestalling, regrating, engrossing, and public vendues. WHEREAS the act of assembly passed in the year.^-*^<''/^J'^P™™J'- one thousand seven hundred and seventy-eight, entitled [JBratin|,engross^ "An act to amend an act for preventing forestaUing, ™°j*j2^5^'^ ''""^®'^ regrating, engrossing and pubhc vendues," wiU expire 984 BEVOLIITIONAKY LEGISLAMON. at the end of this present session of assembly, and it is necessary that the same should be farther continued; Be it therefore enacted hy the General Assembly, That the act entitled "An act to amend an act for preventing forestalling, regrating, engrossing and pubUc vendues," shall continue and be in force from and after the expira- tion thereof for and during the term of one year, and from thence to the end of the next session of assembly, and no longer. [1781, 10 Hening's Stats. 426.] CHAP. XIV. An act to revive an act entitled An act to enahle ihe governor and council to supply the armies and navies of the United States and of their allies with grain and flour. Act to enable WHEREAS the act of assembly passed in the year the governor to j r j supply the amies one thousand scvcn hundred and seventy-eight, entitled and navies of the ^ ° ' United States, "j^ act to enable the governor and council to supply and their allies, ° rrj with grain* flour the armies and navies of the United States and of their revived and coi> tinued. allies with grain and flour," expired on the fourteenth day of July last, and it is expedient and necessary that the same should be revived; Be it therefore enacted by the General Assembly, That the act entitled "An act to enable the governor and council to supply the armies and navies of the United States and of their aUies with grain and flour," be revived, and shall continue and be in force from and after the end of this present session of assembly for and during the term of one year, and from thence to the end of the next session of assembly, and no longer. [1781, 10 Hening's Stats. -137.] CHAP. XXIII. An act to empower the governor and council to fix the value of provisions impressed for the use of the army. Governor & WHEREAS great abuses have happened and may council author- , . °^ . ,. r i • i ii ised to fix the];^annen both m the mequalitv ot the prices and the ex- value ol provi- cf ^ - ^. . sions impressed orbitancv of the sums at which provisions to be im- for the use of the ■' iiii -in army. pressed for the use of the army shall be appraised; Be it therefore enacted. That so much of the laws heretofore in force or which have passed during the present session of assembly, as relate to the valuation of any provisions so impressed, are hereby repealed, and in lieu thereof. It is enacted. That the governor and council be empow- LAWS OF VIRGINIA, 1181, 985 ered to fix from time to time a reasonable price in specie for all the said articles, as enumerated in and by an act of October session, one thousand seven hundred and eighty, entitled "An act to revive and amend the act for procuring a supply of provisions and other necessa- ries for the use of the army," and shall also be empow- ered to settle the allowance to be made in current money upon all certificates granted under this act, which shall be paid in taxes, to which said price and allowance the auditors of public accounts shall pay due regard, which shall be their guide for settling all certificates for the articles so enumerated; Provided, That where the quan- tum or weight of any such article may be matter of doubt, it shall be ascertained by the opinion of two indifferent persons under the same regulations as appraisements would have been made except for this act. PASSED AT GENEEAL ASSEMBLY BEGUN AND HELD NO- VEMBER 5, 1781. [1781, 10 Hening'3 Stats. 443.] CHAP. II. An act to repeal an act entitled an act for farther continuing an act entitled an act to empower the governor and council to lay an embargo for a lim- ited time. I. BE it enacted, That an act entitled "An act fori„f|„4^P7«^ farther continuing an act entitled An act to empower ^"'^"^^"J^JJ^; the governor and council to lay an embargo for a lim- ited time," shall be, and the same is hereby repealed. [1781, 10 Hening's Stats. 444.] CHAP. III. An act for farther continuing an act entitled an act to exempt artificers |Clian.Rev.i42.| employed at iron works from militia duty. I. WHEREAS the act of assembly passed at the last ^rtmce?s^™''iJSn March session, entitled "An act to exempt artificers em- J^°y''|;,t'^°^^Jj; ployed at iron works from militia duty," which was con-™°"°"'°- tinued by an act passed at the last session, will expire at the end of this present session of assembly; and it is ex- pedient and necessary that the same should be farther continued : 986 EEVOLUTIONAEY LEGISLATION. II. Be it therefore enacted by the General Assembly, That the act entitled "An act to exempt artificers employed at iron works from militia duty," shall continue and be in force from and after the expiration thereof, until the end of the next session of assembly, and no longer. [178], 10 Hening's Stats. 468.] CHAP. XX. An act for adjusting claims for property impressed or taken for public service. Preamble. 1. WHEREAS it has been represented to this present general assembly, that sundry of the inhabitants of the several counties throughout this commonwealth, have laboured under many hardships and inconveniencies from the mode which has lately been pursued in impressing their property; insomuch that the auditors of public ac- counts have in divers instances refused to grant war- rants upon certificates given for such impressment. And whereas many have procured valuations on oath to fix demands against the public for horses and other property taken or impressed for public service, at rates far beyond the real value. For remedy whereof, and for relief of all persons concerned, to*recSve SSl ^I- -^^ ^* enacted, That from and after the passing of 'rassed'^toV the *^^^ ^^^> *^^ Several coimty courts throughout this public service, commonwealth are hereby empowered to receive all claims against the public on account of impressments made by any person for horses, provision and all other necessaries, impressed or taken for public service; the said courts shall ascertain the value of all impressed articles in specie, as it shall actually appear in proof to them, independent of any preceding valuation, and make report thereof to the next session of assembly, in order that proper measures may be adopted for paying off the several claimants according to justice, distinguishing articles applied to continental purposes, from those ap- plied to the use of the state. No claim lor jn. And be it enacted, That no claim for horses or property im- ^ ' pressed to be ^a'- other property impressed or taken for public service, ''^^r&Mrtified®^^^'^ ^® P^^'^ uutil the same hath been presented and to the general as- allowed bv such court as aforesaid, and reported to the sembly. '^ . ^ . next or the succeeding general assembly. And the said courts respectively shall cause a fair transcript of their proceedings in the business aforesaid to be laid before LAWS OF VIRGINIA, 1781. 987 the succeeding assembly, specifying the ages, sizes, and other general designations of the horses, and also general descriptions of the other species of property so im- pressed or taken, in order that all possible information be obtained and laid before the general assembly, to enable them to render justice to individuals and save the public from unjust demands and impositions; and may make such allowance to their clerk for his extraordinary services herein, to be levied in their next county levy, as to them shall seem proper. IV. Provided, That all certificates for provisions, uponjg^?^<^P^^1°j,^J; which a price in specie has been affixed by the governor *'*''*'*^- and council, agreeable to an act entitled, "An act to empower the governor and council to fix the value of pro- visions impressed for the use of the army," and which have been paid to the collectors in discharge of taxes, may be audited and paid into the treasury, any thing in this act to the contrary notwithstanding. [1781, 10 Hening's Sfats. 482.] CHAP. XXVII. An act for supplying the southern army with waggons and horses. I. BE it enacted ly the General Assembly, That every b„'^^*3S|ons^& county within this commonwealth that hath failed orP,'J|.|,*.J^'m^|** neglected to furnish and deliver a waggon and team, agreeable to the directions of the act of assembly entitled, "An act for supplying the army with cloaths, provi- sions and waggons," shall, on or before the first day of March next, furnish the same agreeable to the said act. The sheriffs of the several counties who have so failed or neglected, are hereby ordered to summon the justices of jjj^«°^^ °^gJ!g- their counties to meet on or before the tenth day of Feb- '°' neglect. ruary next, at the place where the courts are usually held within the same, for the purpose aforesaid: Every sheriff failing so to do, shall forfeit and pay five hun- dred pounds specie. Every justice of any county, hav- ing such notice and failing to execute the said act by the time aforesaid, shall each forfeit and pay the sum of one hundred pounds like money. And the solicitor ^(,^°" recover- general for the time being is hereby directed, on any county failing to furnish the waggon and team hereby required within the time affixed for the delivery, to direct the attorney general to commence an action of 988 EEVOLUTIONAEY LEGISLATION. debt, in the name of the commonwealth, against every such sheriff or justice who shall have failed in the duty prescribed by this act, for the penalties therein men- tioned, which penalties shall be paid, on recovery, to the treasurer of this commonwealth, to and for the use of the same. Every waggon and team shall be delivered to the deputy quarter-master in the state, or to such per- teMi*^ low ^di* sons as he shall appoint, and at the time of delivery posed. valued in specie, for which valuation, the person receiv- ing shall give the person delivering a receipt in writing, to be transmitted to the auditors of public accounts, and by them debited to the United States, council to ap- II. And 1)6 it farther enacted, That the governor, with purohaSrwaggon the advice of the council, shall, and he is hereby empow- ered and required to appoint so many persons of credit and influence in different parts of the state, as he may think necessary, to purchase one hundred waggon horses: The persons so appointed shall give a receipt in writing to the seller for the specie price of each horse, and expressing in such receipt that the same shall be taken by any sheriff or collector for taxes on lands or slaves, or any other tax that may be by law appro- priated for continental purposes; and every sheriff or collector shall be allowed the same in the settlement of their accounts, upon their being previously entered in the auditors ofSce, and by the auditors shall be debited to the United States. And the governor is hereby de- sired to send forthwith a copy of this act to the sheriff of each countv which has failed to comply with the above- recited act. [1781, 10 Hening's Stats. 496.] CHAP. XXXVI. An act to regulate impresses. islJf*"- ''•''■ ^' I- WHEREAS many continental officers, soldiers, All impresses *^o™'™^ssaries, quarter-mastcrs and other persons have, prohibited. upon pretence of a right to impress, committed great violences upon the property of the citizens of this state; and it being the duty of the representatives of the people to protect them in the quiet possession of their prop- erty: Be it therefore enacted, That if any officer, soldier, commissary, quarter-master or other person shall pre- sume to take from any citizen or citizens of this com- Kxceptions. mouwealth, any part of their property by way of im- LAWS OF VIEGINIA, 1781. 989 press, unless it be by warrant from the executive, in case of actual invasion, or by sheriffs bringing criminals Proceedings on to the general court, it shall be lawful for any magis- trate in the county where the offence is committed, upon information on oath, to issue his warrant for the immediate taking and safe-keeping of such offender or offenders, till they are delivered by due course of law; and all county lieutenants and other officers of the militia are hereby enjoined to support the civil power in securing and bringing such ofiEenders to justice. Part VI.— FEDERAL STATUTES OF THE WAE OF 1812, AND OF THE WAE OF 1847.^ (Printed from United States Statutes at Large, Vols. 2 and 3. ACTS PASSED BY TWELFTH CONGKESS, FIRST SESSION. [2 StatB. 700.] April 4, 1812. Chap. XLIX. — An Act laying an embargo on all ships and vessels in Expired.! (f^ ports and harbors of the United States, for a limited time. Embargo laid Be it enacted iy tJie Senate and House of Representatives tor ninety days, ^y ^^^ United States of America in Congress assembled, That an embargo be, and hereby is laid for the term of ninety days from and after the passing of this act, on all ships and vessels in the ports and places within the limits or jurisdiction of the United States, cleared or not cleared, bound to any foreign port or place; and that no clearance be furnished to any ship or vessel bound to such foreign port or place, except vessels in ballast, with the consent of the President of the United States; and ^ The Non-Intercourse Act of 17S9 forbidding trade with France and the acts wliich followed it, though essentially of the kind that are passed as an incident of hostilities are omitted here because no actual declaration of war between France and the United States was ever made. Concerning these acts Professor John Bassett Moore makes the following statemeat: "Measures to put the country in a condition for war were immediately adopted. On June 13, 1798, before the reception of the correspondence between Talleyrand and the envoys, the President approved an act to suspend commercial intercourse between the United States and France and her dependencies. [1 Stats, at L. 565] On the 22d of June, acts were passed to increase the naval armament of the United States, and to amend an act of the 28th of May, authorizing the President to raise a provisional army. (Id. 558, 569] In quick succession other acts were passed to authorize the arrest and expulsion of aliens; [Id. 570, 577] to authorize the defense of merchant vessels of the United States against French depredations; [Id. 572]; to protect the commerce and coasts of the United States [Id. 574]; to augment the army of the United States [Id. 604]; and to enable the President to borrow money [Id. 607]. On the 7th of July the President approved an act by which it was declared that, as the treaties between the two countries had been repeatedly violated by France, the just claims of the United States for repara- tion refused, and their attempts to negotiate an amicable adjustment repelled with indignity; and as there was still being pursued against the United States, under the authority of the French Government, a system of predatory violence, in conflict with the treaties and hostile to the rights of a free and independent nation, the United States were "of right freed and exonerated from the stipulations of the treaties, and of the consular convention," and that these compacts should "not henceforth be regarded as legally obligatory on the government or citizens of the United States." [Am. State Papers For. Rel. II. 199]. At the next session of Congress the commercial intercourse between the United States and France was further suspended [Am. State Papers For. Rel. II. 199]; authority was given to the President to exchange or send away French citizens who had been or might be captured and brought into the United States [Am. State Papers, For. Rel. II. 204]: provision was made for augmenting the army: and various other acts were adopted in relation to the hostilities which Congress had author- ized. The command in chief of the army was offered to Washington and accepted by him. On the 21st of August 1798 the Attorney-General of the. United States advised the Secretary of State that taking into consideration the acts of the French republic toward the United States, and the legislation adopted by Congress at its preceding session, he was of opinion that there not only existed an actual maritime war between France and the United States, but a maritime war authorized by both nations [1 Stats, at L. 665]" 15 Moore's International Arbitrations, pp. 4426, 4427]. J. R. 0. 990 WAR OF 1812. 991 that the President be authorized to give such instructions to the officers of the revenue, and of the navy and revenue cutters of the United States, as shall appear best adapted for carrying the same into full effect: Provided, Proviso, that nothing herein contained shall be construed to pre- vent the departure of any foreign ship or vessel, either in ballast or with the goods, wares and merchandise on board of such foreign ship or vessel when notified of this act. Sec. 2. And he it further enacted, That during the con- Bonds to be . -^ ' ° given that all tinuance of this act, no registered or sea letter vessel s™'iS' ^ *9- *?• ' ° shipped in the shall be allowed to depart from any one port of thegprts of the u. ^ J r States shall be re- United States to any other within the same, unless the lajided in others J 'of the United master, owner, consignee or factor of such vessel, shall states, first give bond, with one or more sureties, to the collector of the district from which she is bound to depart, in a sum of double the value of the vessel and cargp, conditioned that the goods, wares or merchandise, with which she shall be laden, shall be relanded in some port of the United States. Sec. 3. And he it further enacted, That if any ship or Penalties for •^ 1 going to foreign vessel shall, during the continuance of this act, depart p^ts. from any port of the United States, without a clearance or permit, or if any ship or vessel shall, contrary to the provisions of this act, proceed to a foreign port or place, or trade with, or put on board of any other ship or vessel, any goods, wares or merchandise, of foreign or domestic growth or manufacture, such ships or vessels, goods, wares and merchandise shall be wholly forfeited, and, if the same shall not be seized, the owner or owners, agent, freighter or factors, of any such ship or vessel, shall for every such offence forfeit and pay a sum equal to double the value of the ship or vessel and cargo, and shall never thereafter be allowed a credit for duties on any goods, wares or merchandise, imported by him or them into any of the ports of the United States; and the master or commander of such ship or vessel, as well as all other persons who shall knowmgly be concerned in such pro- hibited foreign voyage, shall each respectively forfeit and pay a sum not exceeding twenty thousand, nor less than one thousand dollars for every such offence, whether the vessel be seized and condemned or not; and the oath or aflSrmation of any master or commander, knowingly offending against the provisions of this section, shall ever thereafter be iaadmissible before any collector of the customs of the United States. 992 FEDEKAL STATUTES. to'^to^'reTO'verea^ ^EC. 4. And be it further enacted, That all penalties distributed, &c. ' gjjjj forfeitures arising vmder, or incurred by virtue of, this act, may be sued for, prosecuted and recovered, with costs of suit, by action of debt, in the name of the United States of America, or by indictment or informa- tion, in any court having competent jurisdiction to try the same; and shall be distributed and accounted for in 1799, ch. 22. jjjg manner prescribed by the act, entituled "An act to regulate the collection of duties on imports and tonnage," passed the second day of March, one thousand seven hundred and ninety-nine; and such penalties may be examined, mitigated or remitted, in like manner, and under like conditions, regulations and restrictions, as are prescribed, authorized and directed by the act, entituled 1797, oh. 13. "A.U act to provide for mitigating or remitting the for- feitures, penalties and disabilities accruing in certain 1800, ch. 6. cases therein mentioned," passed the third day of March, one thousand seven hundred and ninety-seven, and made perpetual by an act passed the eleventh day of February, Proviso. one thousand eight hundred: Provided, that all penalties and forfeitures which shall have been incurred by virtue of this act, previous to the expiration thereof, may and shall thereafter be recovered and distributed in like man- ner, as if this act had continued in full force and virtue. Approved, AprU 4, 1812. [2 Stats. 707.] April 14, 1812. Chap. LVI. — An Act to ■prohibit the exportation of specie, goods, wares and merchandise, for a limited time.^ spSand'gMd"! ^^ ^* enocted hy the Senate and House of Representatives £;tureTrbidSS' 'ovided, that nothing herein contained shall be con- strued to affect any cartel, or vessel with flag of truce. be^^ve" tor"Sx ^^^- ^- '^'"'^ ^^ ** further enacted, That the President Sh property ^"''°^ *^® United States be, and he is hereby authorized to give, at any time within six months after the passage of this act, passports for the safe transportation of any ship or other property belonging to British subjects, and which is now within the limits of the United States. Penalties for Sec. 7. And he it further enacted, That every person tEikins Iic6iis6s to •/ i trade with Brit- being a citizen of the United States, or residing therein, ish ports. m ■ • 1 who shall receive, accept, or obtain a license from the government of Great Britain, or any officer thereof, for leave to carry any merchandise, or send any vessel into any port or place within the dominions of Great Britain, or to trade with any such port or place, shall, on convic- tion for every such offence, forfeit a sum equal to twice the value of any such ship, merchandise or articles of trade, and shall moreover be deemed guilty of a misde- meanor, and be liable to be imprisoned not exceeding twelve months, and to be fined not exceeding one thou- sand dollars. Approved, July 6, 1812. ACTS PASSED BY THIRTEENTH CONGRESS, FIRST SESSION. [3 Stats. 84.] August 2, 1813. CHAP. LVII. — An Act to prohibit the use of licenses or passes granted by the authority of the government of the United Kingdom of Great Britain and Ireland. acFo?*MOTcii''J ^^ ** enacted hy the Senate and House of Representa- ^% "^^P- ^'tives of the United States of America in Congress assem- uskigOT^dispostag ^^^^> "^^^^ ^^y (Htizen or inhabitant of the United States, oiBntishiicenses. oj. ^\^q territories thereof, who shall obtain or use either directly or indirectly, a license, pass, or other instrument WAft Of 1812. 1001 granted by the government of the United Kmgdom of Great Britain and Ireland, or by any officer or agent thereof, for the protection of any ship, vessel, or mer- chandise on the high seas or elsewhere, or for the admis- sion of any ship, vessel, or merchandise iato any port or place whatever; and any citizen or inhabitant as afore- said, who shall be either directly or indirectly concerned or assisting in obtainuig, using, granting, or seUmg any such license, pass, or iastrument, shall, upon conviction, for every such offence, forfeit a sum equal to twice the value of any such ship, vessel, and merchandise, and shall moreover be adjudged guilty of a misdemeanor, and shall be fined in a sum not exceeding five thousand nor less than one thousand dollars; and any ship, vessel, or mer- chandise, owned in whole or in part by any citizen or inhabitant of the United States, or of the territories thereof, which shall, five days after the promulgation of this act in the nearest port, be found in the waters or within the jurisdiction of the United States, having or using a license, pass, or other instrument as aforesaid, shall be forfeited, the one half to the use of the United States, and the other half to any person or persons who shall give information thereof, and produce or procure evidence of the fact; the duties, if any, which may be payable on the importation of such merchandise, being previously paid or deducted from the proceeds of such forfeiture : Provided, however, That the claim of any such person or persons, as derived from this act, shall not be admitted to bar, defeat, or affect any forfeiture accrued to the United States, or to any other person, which shall have been incurred by reason of an infraction of. any other law of the United States. Sec. 2. And he it further enacted. That any ship or ves- sel of the United States sailing imder, or found on the*"!'^"""™?^™^ . ana treated •>'' high seas using a license, pass, or mstrument, as described British. in the preceding section of this act, shall be considered and held as sailing under the flag of the government of the United Kingdom of Great Britain and Ireland; and it shall be lawful for the commanders of the public and private armed ships and vessels of the United States and the territories thereof, to stop and examine any ship or vessel of the United States or their territories, on the high seas or elsewhere, which there may be reasonable ground to suspect is sailing under the protection of, or using any such license, pass, or other instrument as afore- Proviso. sailing with such licenses 1002 FEDERAL STATUTES. said; and if upon examination it shall appear that such ship or vessel is sailing under the protection of, or using any such hcense, pass, or other instrument, it shall be the duty of such commanders, and of each of them, to seize every such ship or vessel, and send the same to any port ia the United States or the territories thereof; and every such ship or vessel, so foimd sailing under the protection of, or using any such Hcense, pass, or other instrument as aforesaid, shall, upon due proof thereof, before any court of the United States or the territories thereof, hav- ing competent jurisdiction, be condemned, together with the cargo, and be forfeited to the sole use of the officers and crew of such public or private armed ship or vessel; and all forfeitures which shah accrue and be recovered in pursuance of this section, shall be distributed accord- ing to the rules prescribed by the existing laws, in cases Proviso. q£ prizes made from the enemy: Provided, That nothing contained in this act, shall be so construed as to prevent the acceptance or use of a passport or any other paper authorized by the government of the United States, or the acceptance or use of a passport granted by the com- mander of any ship of war of the enemy to any ship or vessel of the United States, which may have been cap- tured and given up for the purpose of carrying persons captured by the enemy to the United States. thl^fsdicWonS ^^'^^ ^- ^^ ^^ "^^ further enacted, That every ship or santag "aitef^thl ^^ssel belonging wholly, or in part, to a citizen or citi- tws"£;raSd a?-^®^^' inhabitant or inhabitants of the United States, uni\°l s°ta*tls^^^*'^ shaU depart or clear out from any port or place tud^'^to'besuii"^^*^"^ *^^ jurisdiction of the United States, after the iiSn'oitus^t?^"P™"^"^S**^°'^ ^^ *^i^ ^^^ ^* ^^^^ PO"^* °^ place, shaU be subject to the operation of the same; and that every ship or vessel owned as aforesaid, if the same be ia any part of Europe, of the Mediterranean, or the western coast of Africa, or between the same and the United States, at the passage of this act, after the first day of November next; and if at any port or place to the east of the Cape of Good Hope, or between the same and the United States, after the first day of January next; and if in either case such vessel arrive in the United States pre- vious to the said periods respectively, then, after h.&c arrival, shall La like manner be subject to the operation Proviso of this act : Provided, That if any such ship or vessel be, in either of the foregoing cases, delayed by stress of weather or other imavoidable accident, from returning WAB OF 1812. 1003 to the United States within the periods above stated, the same shall not be subject to the operation of this act, until a sufficient time shall have elapsed after a knowl- edge thereof, for her return to the United States: And p™™o- provided also, That nothing herein contained shall be so construed as to arrest or stay any proseciftion or judicial proceeding now pending in any court of the United States or the territories thereof, instituted against any citizen or inhabitant of the United States, for using, or against any ship or vessel belonging wholly or in part to any citizen or citizens, inhabitant or inhabitants of the United States, for sailing under the protection of a hcense or pass granted by the authority ol the government of the United Kingdom of Great Britain and Ireland, or by any person or persons acting under the authority of the same. Approved, August 2, 1813. ACTS OF THIRTEENTH CONGRESS, SECOND SESSION. [3 Stats. 88.] STATUTE II. Chap. I. — An Act laying an embargo on all ships and vessels in the Dec. 17, 1813. ports and harbours of the United States.^ isu, ch. 17. Repealed by Be it enacted ty the Senate and House of Representatives ^l^°lY^f^^"^ "• of the United States of America in Congress assembled, ^^^^^^^^^^^ That an embai^o be, and hereby is laid on all ships and fdent 'may la^e vessels in the ports and places within the limits or juris-^t^°t?™^^JJ ^ diction of the United States and the territories thereof , gyen^^carrying cleared or not cleared; and that no clearance be furnished to any ship or vessel, except vessels in ballast, with their necessary sea stores, under the immediate direction of the President of the United States; and that the Presi- dent be authorized to give such instructions to the officers of the revenue, and of the navy, and of the private armed vessels and revenue cutters of the United States, as shall appear best adapted for carrying the same into Nothing in tws full effect: Provided, That nothing herein contamed shall |^*piXeTMor- be construed to prevent the departure of any foreign ^^'viSi^nlvii ship or vessel, in ballast, with her necessary sea stores, stor^, md wK and with the goods, wares, and merchandise, other than^on|™^Xns provisions, military and naval stores, on board of such unXd^tlt'^.*''* foreign ship or vessel when notified of this act, whose 1 See notes to act of December 22, 1807, chap. 5, "An act laying an embargo on all ships and yessels in the ports and harbours of the United States."— Peters' note. 1004 FEDERAL STATUTES. officers and crews shall consist wholly of such foreigners as did belong to nations in amity with the United States at the time of the arrival of said ship or vessel in the United States, and which shall not have nor take on board for the voyage any citizen of the United States, except such as may produce a passport therefor, to be furnished under the authority and direction of the President of the aiSed'^ips°not United States. And all public armed vessels possessing this'^mbar^^ '"public commissions from any foreign power are not to be considered as liable to the embargo laid by this act. Sec. 2. And be it further -nacted, That if any person or persons shall put, place, or load on board any ship, vessel, boat, or water craft, or into any cart, wagon, sled, or other carriage or vehicle, or in any other manner pj^mbofrd any attempt to convey any specie, goods, wares, merchandise, bf^senf without produce, provisious, naval or military stores, or any kind unite™stat2sMd of li^e stock, with intent to export, transport, or convey &c. wfth tt'e ct?- the same without the United States or the territories I'iteSi.^''""^ '"''thereof, to any foreign place, kingdom, or country, or with intent to convey the same on board any foreign ship or vessel within or without the limits of the United States, or with the intent in any other manner to evade the provisions of this act, all such specie, goods, wares, mer- chandise, produce, provisions, naval or military stores, live stock, and also the ship, vessel, boat, water craft, cart, wagon, sled, or other carriage or vehicle, on board, or on or in which the same may be so put, placed, or aitef '°°^''™^oaded as aforesaid, and also aU horses, mules, and oxen, used or employed in convejdng the same, shall be forfeited, and the person or persons so putting, placing, or loading the same as aforesaid, and also the aiders and abettors therein, shall, upon conviction, be adjudged guilty of a high misdemeanor, and fined a sum, by the court before which the conviction is had, equal to four times the value of such specie, goods, wares, merchandise, produce, thr^ectfon shall provisions, naval or military stores, or live stock: Pro- mii^^&c.^°^o'>'ided however, That this section shall not be construed to therauecto^ &™ extend to any person or persons not being the owner or owners of such specie, goods, wares, merchandise, produce, provisions, naval or military stores, who shall first inform and make complaint to the collector of the district of any such offence committed within the same district; and any informer or informers, not being the owner or owners aforesaid, upon conviction of the ofifenders, shall be entitled to one-half of the fine aforesaid, WAS OF 1812. 1005 when the same shall be received by the United States, and shall be entitled to a certificate for that purpose from the court before whom the conviction shall be had. Sec. 3. And he it further enacted, That the owner or |.jj^'t«'J,^'">^'™g^»g' owners, consignee or factor of any ship, vessel, or boat, £|ed*°of'\he'i? which may, at the time when notice of this act shall be Te-^jea^^^\^eije^ ceived at the several custom houses respectively, be laden p^''*' *"■ *"• in whole or in part, shall, on notice given by the collector, either discharge such cargo or give bond with two or more sufficient sureties, in double the value of such vessel and cargo, not to proceed on the intended voyage or trip, until permitted to do so, agreeably to the provi- sions of this act; and if the cargo shall not be discharged within ten days, or the bond given as aforesaid, the ship, vessel, or boat and cargo shall be wholly forfeited. And the several collectors are authorized in the meanwhile, coi'^^tors may ' take possession o/ and until the cargoes shall have been discharged, or the ^|^«gsds in the bond given as aforesaid, to take possession of such vessels, and to take such other measures as may be necessary to prevent their departure. Sec. 4. And ie it further enacted, That the President of auth^rizr'coueo^ the United States may authorize the collectors of the to^s to^j»rnut customs (when in his opinion it can be done without dan- ^^tf^gg"", ^om^ ger of the embargo being violated, and under such^J uSm'^tond' limitations as he may deem expedient) to grant permission ^''- ^■ to vessels or boats, whose employment has imiformly been confined to the navigation of bays, sounds, rivers, or lakes, within the jurisdiction of the United States, or the territories thereof, to take on board at any time such articles of domestic or foreign growth as may be desig- nated in such permission, bond with one or more suffi- .^g"""* "> *>» cient sureties being previously given to the United States by the owner, owners, consignee, or factors of such vessel or boat, and by the master thereof, in an amount equal to three hundred dollars for each ton of the said vessel or boat, that such. vessel or boat shaU not, during the time hmited in the condition of the bond, depart from any district of the United States without having previously obtained a clearance, nor imtil the master or commander shall have deHvered to the collec- tor or surveyor of the port of departure, a manifest of the whole cargo on board, that the said vessel or boat shall not during the time above mentioned proceed to any other port or place than that mentioned in her clearance, nor put any article on board of any other vessel or boat, 1006 FEDERAL STATUTES. or be employed in any foreign trade; and that on every voyage or trip, the whole of the cargo shall be landed in a port or place of the United States or the territories thereof, within the bay, sound, rivers or lakes to which the navigation of such vessel is confined, and the burthen , ^iP"' ?' '^t o'of proof of the landing the whole of any such cargo in a Jandlng to he on -^ ° , . . the owner, factor, port or place of the United States or the tern tones consignee and ^ r master of the ves- thereof, Within the bay, sound, rivers, or lakes to which the navigation of such vessel or boat is confined, or in the port or place mentioned in her clearance, shall in case of any suit or prosecution instituted on such bond for a breach of the conditions thereof, lie upon the owner or owners, consignee or factors of such vessel or boat, or the master thereof, as the case may be: Provided, Such prosecution or suit be instituted within two years after such breach shall have been committed. tatolproUbited ^^'^- ^- ^'^ ^^ ^* further enacted, That if any vessel vei'efs ™ '"'^'^ ^^ boat, not having received a permission, and a bond not having been first given in the manner provided for in the next preceding section, shall take on board any article or articles prohibited by this act, such vessel or boat, together with her cargo, shaU be whoUy forfeited, and the owner or owners, agent, freighter or factors, master or commander of such vessel or boat, shall more- over severally forfeit and pay a sum equal to the value of the vessel or boat, and of the cargo put on board the same. Who are to be Seo. 6. And he it further enacted. That the person or reputed owners of _ _ vessels commit persons, whose names do or may appear as owner or ting breaches of^ ' •' ^^ this law. owners 01 any ship or vessel either on the certmcate of registry, enrolment, or hcense of any such ship or vessel, or if neither registered or licensed, on the last clearance or custom house documents issued before the passing of this act for such ship or vessel, shall be reputed as the true owner or owners of such ship or vessel, and be liable to the payment of all penalties which may be incurred by the owners of such ship or vessel, by reason of any Proviso violation of any of the provisions of this act: Provided always, That nothing in this section contained shall be construed to release any other person or pereons from the payment of any penalty incurred by virtue of this act. On granting And in case of any new register or license being granted bond to be given! during the continuance of this act, or in case of the sale of any ship or vessel neither registered or licensed, a bond with one or more sureties to the United States shall, WAS OF 1812. 1007 previous to the granting any such new register or license, or to recognising the sale of such vessel not registered or licensed, be required by the collector, in an amount equal to three hundred dollars of each ton of such ship or vessel, that such ship or vessel shall not, during the continuance of this act, contravene or infringe any of the provisions thereof: Provided, That nothing herein contained shall ^^Nothingmau be construed to extend to the owner or owners of any ship adf before no'tiM! or vessel who shall have made a bona fide sale of such ship or vessel, in any port or harbour of the United States, before notice of this act at such port or harbour respectively, nor to the owner or owners of any ship or vessel, in any foreign port or placa, who shall have made a bona fide sale thereof before notice of this act: And Proviso. provided, also. That such bond shall not release the owners and master of such ship or vessel, or any other person from the obligation of giving every other bond required by this act. Sec. 7. And ie it further enacted, That the owner or owners o: u- -,. 11- T fi n 1 ' 1 1 1 censed fishing owners of all vessels licensed for nshenes, or those bound vessels to give , , , . , T bonds not to pro- on a whaling voyage, and havmg no other cargo thanceed to foreign necessary sea stores, salt, and the usual fishmg tacklmgthey mii retum , .in- ,1 , . p • 1 ^'™ 'heir fishing and apparel, shall give a general bond m four times the tare to the value of the vessel and cargo, that they will not, during the continuance of this act, proceed to any foreign port or place, and will return with their fishing fare to some port or place within the United States. Sec. 8. And be it further enacted, That if any ship or ^^jf^f "j ^^^^f^^; vessel shall during the continuance of this act, depart }°g|jj^g^P"*j"j| from any port of the United States, without a clearance wfthout*£g'uiM or permit^ or if any ship or vessel shall, contrary to the j!®|^™''^^^°/j|J,*" provisions of this act, proceed to a foreign port or place, P]'^°''JJ*'?^ ^■'^'^ or trade with or put on board of any other ship or vessel ^^plrt'" ^ ''"^" any article or articles prohibited by this act, such shipjjj"*™ p™*'" or vessels, goods, wares, merchandise, produce, provisions, th^^^a'ste^r or naval or miUtary stores shall be wholly forfeited; and if veSeTs^°vioiating' the same shall not be seized, the owner or owners, agent, ^^i*^- freighter or factors of any such ship or vessel shad, for every such offence, forfeit and pay a sum equal to double the value of the ship or vessel and cargo, and shall never thereafter be allowed a credit for duties on any goods, wares, and merchandise imported by him or them into any of the ports of the United States ; and the master or commander of such ship or vessel, as well as all other persons who shall knowingly be concerned in any such 1008 FEDERAL STATUTES. violations of this act, shall each respectively forfeit and pay a sum not exceeding twenty thousand dollars, for every such offence, whether the vessel be seized and con- demned or not; and shall be imprisoned for a term not less than six calendar mionths, nor exceeding one year: and the oath or affirmation of any master or commander' knowingly offending against the provisions of this section, shall ever thereafter be inadmissible before any collector of the customs of the United States, prohibited "Tom Seo. 9. And le it further enacted, That if any foreign a^°^sp'ec/e^orship or vessel shall, during the continuance of this act, dL^'^under ''for- take On board any specie, goods, wares, merchandise, &c'.'&c.°' "^^°'' produce, provisions, naval or military stores, other than the provisions and sea stores necessary for the voyage, such ship or vessel, and the specie and cargo on board shall be whoUy forfeited, and may be seized and con- demned in any court of the United States having com- petent jurisdiction; and every person concerned in such unlawful shipment, shall forfeit and pay a sum not exceeding twenty thousand doUars for every such offence, take into^ Sck Sec. 10. And he it further enacted, That the collectors really V "apoa^ of all the districts of the United States and the territories the enemy. thereof, shall, and they are hereby authorized to take into their custody, any specie, goods, wares, merchan- dise, produce/ provisions, naval or military stores, live stock, found on board of any ship or vessel, boat or other water craft, when there is reason to beheve that they are intended for exportation, or when in vessels, carts, wagons, sleighs, or any other carriage, or in any manner apparently on their way towards the territories of a foreign nation, or the vicinity thereof, or towards a place whence such articles are intended to be exported, or placed in the possession of the enemies ' of the United States; and not to permit such articles to be reipoved until bond, with sufficient sureties, shall have been given for the landing or delivery of the same in some place of the United States, whence, in the opin- ion of the collector, there shall not be any danger of such articles being exported or placed in the possession of the enemies of the United States. powirs^giTOS^'to Sec. 11. And he it further enacted. That the powers dOT thKtrto"be given to the collectors by this act, to refuse permission j^rmabi^y with to put any cargo on board any vessel, boatj or other tastruc^iom^^"'^ water craft, to detain any vessel, or to take into their WAS OF 1812. 1009 custody any articles for the purpose of preventing vio-tij^^^^lins^a^y lations of the embargo, shall be exercised in conformity §||!\™g^^'^^j™g with such instructions as the President may give, and ^^e^oi 'thfs^ac't. such rules as he may prescribe for that purpose, made may^b™p*ieaded° in pursuance of the powers aforesaid; which instruc-|"nt's*''*iiistruo-' tions and rules the collectors shall be bound to obey. ^°°|i'ven S* otI- And if any action or suit be brought against any col-*™'®" lector or other person acting under the directions of, and in pursuance of this act, he may plead the general issue, and give this act and the instructions and regula- tions of the President in evidence for his justification and defence. And any person aggrieved by the acts of any collector, in either of the cases aforesaid, may file his petition before the district court of the district wherein the collector resides, stating the facts of his case, and thereupon, after due notice given to the dis- trict attorney and the collector, the said court may sum- marily hear and adjudge thereupon, as law and justice may require; and the judgment of said court, and the reason and facts whereon it is grounded, shall be filed among the records of said court; and if restoration of the property detained or taken in custody, or permis- sion to load as aforesaid shall be decreed, it shall be upon the party's giving such bond wit'i sureties, as is or shall be required to be taken in similar cases by the collector, and not otherwise; but if the said court shall adjudge against such petition, the collector shall be entitled to treble costs, which shall be taxed for him, and execution awarded accordingly by the court. Sec. 12. And be it further enacted, That it shall be President em- . . _, powered to em- lawful for the President of the united States, or such pii>y such part of ' the naval or land other person as he shall have empowered for that pur- forces of the c^ Pill IP United States to pose, to employ such part of the land or naval forces carry this act into r J r J X. _ ^ effect, as he may or militia of the United States, or of the territories thereof, ""ige necessary. as may be judged necessary, in conformity with the provisions of this act, for the purpose of preventing the illegal departure of any ship or vessel, or of detaining, taking possession of, and keeping in custody, any ship or vessel, or of taking into custody and guarding any specie, goods, wares, merchandise, produce, provisions, naval or military stores, or live stock, and also for the purpose of preventing and suppressing any armed or riotous assemblage of persons resisting the custom house officers in the exercise of their duties, or in any manner 37639—18 64 1010 FEDERAL STATUTES. opposing the execution of this act, or otherwise violating or assisting and abetting violations of the same. the'umleTstet^' ^^c. 13. And be it further enacted, That it shall be seiTrioiaSiM act^^^'^^ ^^^ ^^® pubUc and private armed vessels of the United States to capture and seize on the high seas or elsewhere any ship or vessel which shall have violated any of the provisions of this act, and to send the same into any port of the United States for adjudication, forteitureshowlo ^Eo. 14. And he it fuHher enacted, That all penalties md^sMbuted.'^ ^^'^ forfeitures incurred by force of this act, may be prosecuted, sued for, and recovered by action of debt or by indictment or information, as the case may require, and if recovered in consequence of any seizure made by the commander of any public armed vessel of the United States, shall be distributed according to the ism" ch M^" ^' ^^^^^ prescribed by the act, entitled "An act for the government of the navy of the United States," and if in consequence of any seizure made by any private armed vessel of the United States, shall be distributed accord- isfsfohlm^^^'ing to the rules prescribed by the act, entitled "An 1799° ch!^?"''' ^' ^ct concerning letters of marque, prizes, and prize goods," and the act in addition thereto ; and if otherwise, shall be distributed and accounted for, in the manner prescribed by the act, entitled "An act to regulate the collection of duties on imports and tonnage," passed the second day of March, one thousand seven hundred and ninety- nine, and may be mitigated or remitted in the manner i797'ch!i3f"'^^'P''®^^"'^^'^ ^J ^^^ ^^^> entitled "An act to provide for mitigating or remitting forfeitures, penalties, and disa- bUities, accruing in certain cases therein mentioned," passed the third day of March, one thousand seven hundred and ninety-seven, and made perpetual by an act passed Act oi Feb. 11, the eleventh day of February, one thousand eight hun- dred; and any oflScer or other person, entitled to a part or share of any of the fines, penalties, or forfeitures afore- said, may, if necessary, be a witness on the trial therefor, but in such case he shaU not receive any part or share of the said fines, penalty, or forfeiture, but the part or share to which he would otherwise be entitled shall belong to the United States. The time dur- Sec. 15. And he it further enacted, That the time ing which this act . . n ii ■ . n is to be in opera- durmg which this act shall continue m lorce, shall not be tion not to be '^ r \ ii computed with computed as making part ol the term ol twelve calendar bao>s. months, during which goods, wares, or merchandise imported into the United States must be exported in WAB OF 1812. 1011 order to be entitled to a drawback of the duties paid on the importation thereof. Sec. 16. And he it further enacted, That nothing invS'notXcf- this act contained, shall prevent the sailing of any private ui''J's'e'o^°'t'h''9 armed vessel duly commissioned by any foreign power '^Act'lfjuM' 26, in amity with the United States, nor of any vessel of the '^Virtso°'' United States duly commissioned by virtue of an act, entitled "An act concerning letters of marque, prizes, and prize goods," passed on the twentyTsixth day of June, one thousand eight hundred and twelve: Provided always nevertheless, That it shall be lawful for, and the duty of all officers of the customs and revenue officers of the United States, and they are hereby enjoined, to examine, search, and effectually ascertain, the amount and kind of articles all such vessels about sailing may have on board, so as to prevent their taking any cargo or other lading than the stores, provisions, armament, furniture, and equipment, generally proper and neces- sary for such vessels. Sec. 17. And he it further enacted, That whenever collectors may ..111 iji nj c.T seize such articles it shall appear, on report made to any collector of the as are put on customs, by any officer of the customs, revenue officer, ar'med'veVseis .1 ii_ J. • i J 11 contrary to this or other person, that any private armed vessel has on act. board any article or articles whatever, goods, wares, merchandise, or cargo of any description, intended for trade or traffic with the enemies of the United States, either directly or intermediately through any neutral or other person or persons, or for exportation, it shall be the duty of the said collector, and he is hereby authorized, to seize all such articles, goods, wares, merchandise, and cargo of every description, and to have the same landed forthwith, to be proceeded against as forfeited to the United States. Sec. 18. And he it further enacted, That in all such "ade the duty 1 n 1 1 1 PIT- ■. °' ""^ ^o"*' "dis- eases it shall be the duty of the district attorney of the ?"<=* .a."°"i«y to . . . . . institute legal United States, for the district within which the said P''o'=««e President, in pursuance of the provisions of the second state, &e., to be gectiou of the act entitled "An act to provide for calling m a state of m- ^ => ^TQs'ch'se 5 2 foJ'th the militia to execute the laws of the Union, sup- voi.i.p. 424. press insurrections, and repel invasions, and to repeal the act now in force for that purpose," approved Feb- ruary twenty-eight, seventeen hundred and ninety-five, shall have called forth the militia to suppress combina- tions against the laws of the United States, and to cause the laws to be duly executed and the insurgents shall have failed to disperse by the time directed by the President, and when said insurgents claim to act under the authority of any State or States, and such claim is not disclaimed p^li^p.'m ^^ repudiated by the persons exercising the functions of government in such State or States, or in the part or parts thereof in which said combination exists, nor such insurrection suppressed by said State or States, then and in such case it may and shall be lawful for the President, by proclamation, to declare that the inhabitants of such State, or any section or part thereof, where such insur- rection exists, are in a state of insurrection against the tereourTe^'^'there-Uiiited States; and thereupon aU commercial intercourse upon to cease. }jy ^nd between the same and the citizens thereof and the FEDEKAL STATUTES, 1861. 1053 citizens of the rest of the United States shall cease and be unlawful so long as such condition of hostility shall con- tinue; and all goods and chattels, wares and merchandise, to'betorfeit^"''^ coming from said State or section into the other parts of the United States, and all proceeding to such State or sec- tion, by land or water, shall, together with the vessel or vehicle conveying the same, or conveying persons to or from such State or section, be forfeited to the United States: Provided, however, That the President may, in pe7mfrinu> his discretion, license and permit commercial intercourse ™^'™ ^'^^''^''^^^ with anysuch part of said State or section, the inhabitants regulations. of which are so declared in a state of insurrection, in such articles, and for such time, and by such persons, as he, in his discretion, may think most conducive to the pubhc interest; and such intercourse, so far as by him licensed, shall be conducted and carried on only in pursuance of rules and regulations prescribed by the Secretary of the Treasury. And the Secretary of the Treasury may ap- officers of cus- , „ , „ CI '""^^ ™*y ^ *P" point such oincers at places where oincers of the customs pointed; their . pay. o£C. are not now authorized by law as may be needed to carry into effect such licenses, rules and regulations; and ofH- cers of the customs and other officers shall receive for services under this section, and under said rules and regulations, such fees and compensation as are now allowed for similar service under other provisions of law. Sec. 6. And be itfuriJier enacted, That from and after jj^J^^^i^^^^'j'^^s: fifteen days after the issuing of the said proclamation, as ™''^"J^°(°jj^'^''™ provided in the last foregoing section of this act, any ship or vessel belonging in whole or in part to any citizen or inhabitant of said State or part of a State whose inhabi- tants are so declared in a state of insurrection, found at sea, or in any port of the rest of the United States, shall be forfeited to the United States. Sec. 7. And he itfurtJier enacted, That in the execution ^c'^^jlgd^'tj "^e^ of the provisions of this act, and of the other laws of the™^| '^e revenue United States providing for the collection of duties on imports and tonnage, it may and shall be lawful for the President, in addition to the revenue cutters in service, to employ in aid thereof such other suitable vessels as may, in his judgment, be required. Sec. 8. And be it fvriher enacted. That the forfeitures Remission o and penalties incurred by virtue of this act may be miti- gated or remitted in pursuance of the authority vested in the Secretary of the Treasury by the act entitled " An ^^^^ ^j, j^ act providing for mitigating or remitting the forfeitures, ^°'-''P-^^- 1054 CIVIL WAR STATUTES. penalties, and disabilities accruing in certain cases therein mentioned," approved March third, seventeen hundred and ninety-seven, or in cases where special circumstances may seem to require it, according to regulations to be prescribed by the Secretary of the Treasury. In what courts Sec. 9. And he it funJier enacted, That proceedings on be eiSd. "*'' seizures for forfeitures under this act may be pursued in the courts of the United States in any district into which the property so seized may be taken and proceedings instituted; and such courts shall have and entertain as full jurisdiction over the same as if the seizure was made in that district. Approved, July 13, 1861. [12 Stats. 3191. August 6, 1861. Chap. LX. — An Act to confiscate Property used for Insurrectionary Purposes. When property Be it enacted hii the Senate and House of Representor used in aiding in- ^ ..^77-1 surrection may t%ves of the United States of America m Congress assemiled, That if, during the present or any futm'e insurrection against the Government of the United States, after the President of the United States shall have declared, by proclamation, that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person or persons, his, her, or their agent, attorney, or employe, shall pur- chase or acquire, sell or give, any property of whatsoever kind or description, with intent to use or employ the same, or suffer the same to be used or employed, in aiding, abetting, or promoting such insurrection or resistance to the laM's, or any person or persons engaged therein; or if any person or persons, being the owner or owners of any such property, shall knowingly use or employ, or consent to the use or employment of the same as afore- said, all such property is hereby declared to be lawful subject of prize and capture wherever found; and it shall be the duty of the President of the United States to cause the same to be seized, confiscated, and condemned. totoTOndemmd! ^^^- 2- ^"^ ^« it further enacted. That such prizes and capture shall be condemned in the district or circuit court of the United States having jurisdiction of the p,moimt, or in adpairalty in any district in which the FEDERAL STATUTES, 1862. 1055 same may be seized, or into which they may be taken and proceedings first instituted. Sec. 3. And he it further enacted, That the Attorney- J^J'J' pr^eedtags General, or any district attorney of the United States in'jJn^ ™nd™°OT which said property may at the time be, may institute'''"'^®"™- the proceedings of condemnation, and in such case they shall be wholly for the benefit of the United States; or any person may file an information with such attorney, in which case the proceedings shall be for the use of such informer and the United States in equal parts. Sec. 4. And be it further enacted, That whenever here- ^^y""™ t^>™ '» ' ^ _ persons held to after, during the present insurrection against the Gov- ^^^^'^f^^jj^'l'"" ernment of the United States, any person claimed to be held to labor or service under the law of any State, shall be required or permitted by the person to whom such labor or service is claimed to be due, or by the lawful agent of such person, to take up arms against the United States, or shall be required or permitted by the person to whom such labor or service is claimed to be due, or his lawful agent, to work or to be employed in or upon any fort, navy yard, dock, armory, ship, entrenchment, or in any military or naval service whatsoever, against the Government and lawful authority ot the United States, then, and in every such case, the person to whom such labor or service is claimed to be due shall forfeit his claim to such labor, any law of the State of the United States to the contrary notwithstanding. And whenever thereafter the person claiming such labor or service, shall seek to enforce his claim, it shall be a full and sufficient answer to such claim that the person whose service or labor is claimed had been employed in hostile service against the Government of the United States, contraiy to the provisions of this act. Approved, August 6, 1861. ACTS PASSED BY THIRTY-SEVENTH CONGRESS, SECOND SESSION. [12 Stats. 334.] Chap. XV. — An Act to authorize the President of the United Statea in January 31, 1862 _ certain Cases to take Possession of Railroad and Telegraph Lines, and Post, p. 625. for other Purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemiled, ^ -^ ^ That the President of the United States, when in his telegraph lines ' may Is taken judgment the public safety may require it, be, and he is possession of, 1056 CIVIL WAR STATUTES. hereby authorized to take possession of any or all the telegraph lines in the United States, their offices and appurtenances; to take possession of any or all the rail- road lines in the United States, their rolling-stock, their offices, shops, buildings, and all their appendages and appurtenances; to prescribe rules and regulations for the holding, using, and maintaining of the aforesaid tele- graph and railroad lines, and to extend, repair, and com- plete the same, in the manner most conducive to the exSedT "&a,'s^f®ty ^^^ interest of the Government; to place under Suto^con'tror military control all the officers, agents, and employes belonging to the telegraph and railroad lines thus taken possession of by the President, so that they shall be con- sidered as a post road and a part of the military estab- lishment of the United States, subject to all the restric- tions imposed by the rules and articles of war. Sec. 2. And be it further enacted, That any attempt by any party or parties whomsoever, in any State or District Obstructing, or in which the laws of the United States are opposed, or the attempting to Ob- . , , . i i i struct the govern- execution thereof obstructed by mfeurgents and rebels ment in the use pit tiiereo'— how against the United States, too powerful to be suppressed by the ordinary course of judicial proceedings, to resist or interfere with the unrestrained use by Government of the property described in the preceding section, or any attempt to injure or destroy the property aforesaid, shall be punished as a mihtary offence, by death, or such other penalty as a court-martial may impose. Commissioners Sj;c. 3. And be it further enacted, That three commis- to determine ^ ' damages. sioners shall be appointed by the President of the United States, by and with the advice and consent of the Senate, to assess and determine the damages suffered, or the com- pensation to which any railroad or telegraph company may be entitled by reason of the railroad or telegraph line being seized and used under the authority conferred by this act, and their award shall be submitted to Con- gress for their action. of'tromf,''&c*''to ^^^- ^- -^""^ ^^ '^* further enacted, That the transporta- 0? "s^etary *"f ^i^^^ °^ troops, muuitions of war, equipments, mihtary '^^- property and stores, throughout the United States, shall be under the immediate control and supervision of the Secretary of War and such agents as he may appoint; and all rules, regulations, articles^ usages, and laws in conflict with this provision are hereby annulled, misswners. """ Sec. 5. And be it iurther enacted, That the compensa- ji force. °" '""^tion of each of the commissioners aforesaid shall be eight FEDERAL STATUTES, 1862. 1057 dollars per day while in actual service; and that the pro- visions of this act, so far as it relates to the operating and ushig said railroads and telegraphs, shall not be in force any longer than is necessary for the suppression of tliis rebellion. Approved, January 31, 1862. [12 Stats. 371.] Chap. XLVII. — An Act to -provide for the Appointment of Sutlers in March 19, IS62. the Volunteer Service, and to define their Duties. Ante, p. s Be it enacted iy the Senate and House of Representatives of the United States of America in Congress assembled, That the inspector-generals of the army shall constitute ^^"Yist 'ol St a board of officers, whose duty it shall be to prepare, ''^f ""■ sutlers to immediately after the passage of this act, a list or schedule of the following articles which may be sold by sutlers to the officers and soldiers of the volunteer service, to wit: Apples, dried apples, oranges, figs, lemons, butter, '■='• cheese, milk, sirup, molasses, raisins, candles, crackers, wallets, brooms, comforters, boots, pocket looking- glasses, pins, gloves, leather, tin washbasins, shirt buttons, horn and brass buttons, newspapers, books, tobacco, cigars, pipes, matches, blacking, blacking brushes, clothes brushes, tooth brushes, hair brushes, coarse and fine combs, emery, crocus, pocket handker- chiefs, stationery, armor oil, sweet oil, rotten stone, razor strops, razors, shaving soap, soap, suspenders, scissors, shoestrings, needles, thread, knives, pencils, and Bristol brick. Said list or schedule shall be subject, subject to re- from time to time, to such revision and change as, in the judgment of the said board, the good of the service may require: Provided, always, That no intoxicating j^JfjOj uj,"*""'"*'" liquors shall at any time be contained therein, or the sale of such liquors be in any way authorized by said board. A copy of said list or schedule, and of any sub- , copy oi iist, sequent change therein, together with a copy of thisn'shed. act, shall be, without delay, furnished by said board to the commanding officer of each brigade and of each regiment not attached to any brigade in the volunteer service, and also to the adjutant-general of the army. Sec. 2. And he it further enacted. That immediately Another board upon the receipt from said board of said list or schedule e^h^art^eir IS and copy of this act by the commanding officer of any make repMt,.icf 37639-18 67 1058 CIVIL WAB STATUTES. such brigade, the acting brigacJier-general, surgeon, quartermaster, and commissary of said brigade shall constitute a board of officers whose duty it shall be to affix to each article in said list or schedule a price for said brigade, which shall be by them forthwith reported to the commanding officer of the division, if any, to which said brigade is attached, for his approval, with or without modification, and who shall, after such approval, report the same to the inspector-generals, and the same, if not disapproved by them, shall be the price not exceeding which said articles may be sold to the officers and soldiers in said brigade. Whenever any brigade shall not be attached to a division said prices shall then be reported directly to the inspector-generals, and if approved by them, shall be the price fixed for such brigade as aforesaid; and whenever any regiment shall be unattached to any brigade the acting colonel, lieutenant-colonel, major, and captains thereof shall constitute the board of officers by whom the price of said articles shall be fixed for said regiment in the same manner as is herein provided for an imattached brigade, chanral Ac'' "^ '^^^ priccs SO fixcd may be changed by said boards respectively from time to time, not oftener than once in thirty days, but all changes therein shall be reported in like manner and for the same purpose as when originally fixed. mS'^L cS Sec. 3. Arid be itfuHher enacted, That it shall be the fected^fS'lSduty of the commanding officer of each brigade, imme- repment. diatcly upon receipt of a copy of said list or schedule and copy of this act, as herein provided, to cause one sutler for each regiment in his brigade to be selected by the commissioned officers of such regiment, which selection Eeport. shall be by him reported to the adjutant-general of the army; the person so selected shall be sole sutler of said regiment. And the commanding officer of each unat- tached regiment shaU, in like manner, cause a selection of a sutler to be made for said regiment, who shall be fiiM^""^' ''"''sole sutler of said regiment. Any vacancy in the office of sutler from any cause shall be filled in the same way as an original appointment. enThavfa'tn Sec. 4. And be it further enacted, That the sutlers ™p'a™&c'''''^"c''^os®^ i'^ t^® manner provided in the preceding section shall be allowed a lien only upon the pay of the officers, non-commissioned officers, and privates of the regiment for which he has been chosen, or those stationed at the FEDEBAL STATUTES, 1862. 1059 post to which he has been appointed, and for no greater sum than one sixth of the monthly pay of each officer, non-commissioned officer, or private for articles sold dur- ing each month; and the amount of one sixth or less than one sixth of the pay of such officer, non-commissioned officer, or private, so sold to him by the sutler, shall be charged on the pay-roUs of such officer, non-commissioned officer, or private, and deducted from his pay, and paid over by the paymaster to the sutler of the regiment or military post, as the case may be: Provided, That if anyj^^poaity ^"i i^i, paymaster in the service of the United States shall allow >> s^a'^"' ™™' or pay any greater sum to any sutler than that hereby authorized to be retained from the pay cf the officers, non-commissioned officers, musicians, and privates, for articles sold by any sutler during any one month, then the amount so allowed or paid by the paymaster shall be charged against the said paymaster and deducted from his pay and returned to the officer, non-commissioned officer, musician, or private, against whom the amount was originally charged. And any captain or lieutenant commanding a company who may certify any pay-roll . <"■ 'o' certijy- o sr J J J J r J ing pay-roll for bearing a charge in favor of the sutler against any officer, greater sum. non-commissioned officer, musician, or private, larger or greater than one sixth of the monthly pay of such officer, non-commissioned officer, musician, or private, shall be punished at the discretion of a court-martial: Provided, however, That sutlers shall be allowed to sell only the sutlers to sen . , , . 1 . , , . .,,.,. ™'y articles in articles designated in the list or schedule provided in this 'ist, act, and none others, and at prices not exceeding those affixed to said articles, as herein provided: And provided further, That the sutlers shall have no legal claim upon to ha™ no ' . . , ^ . . . claim for more any officer, non-commissioned officer, musician, or pri-ttian one sixth, vate, to an amount exceeding one sixth of his pay for articles sold during any month. He shall keep said list . suttierstokeep 1 • 1 r 1 • n • 1 • "^t posted, &C. or schedule, together with a copy of this act, fairly writ- ten or printed, posted up in some conspicuous part of the place where he makes said sales, and where the same can be easily read by any person to whom he makes said sales. Sec. 5. And he it further enacted, That it shaU be the ijiaee. °' s^^? duty of the inspector-generals to cause the place of sale inspected once m i-iipi ^ •!! 1 fifteen days. and articles kept for that purpose, by said sutlers, to be inspected from time to time, once in fifteen days at least, by some competent officer, specially detailed for that duty, and such changes in said place, or in the quality and character of the articles mentioned in said list or 1060 CIVIL WAR STATUTES. schedule, so kept as shall be required by said officer, shall be conformed to by each sutler. And such officer Eeport. gjjgjj report each inspection to the inspector-generals. acf L futie" un- Sec. 6. And be it further enacted, That no person shall '^and^'oniy for be permitted to act as sutler unless appointed according one regiment, j^ ^^iq provisions of this act; nor shall any person be sutler for more than one regiment; nor shall any sutler not to underlet, farm out or Underlet the business of sutling or the privi- reSwf "^ p?esente ^^S^^ granted to him by his appointment; nor shall any rom a sutler, officer of the army receive from any sutler any money or other presents; nor be interested in any way in the stock, trade, or business of any sutler; and any officer receiving such presents, or being thus interested, directly or indi- Penaity. rectly, shaU be punished at the discretion of a court- martial. No sutler shall sell to an enlisted man on credit to mm' °' °'^'"''' to a sum exceeding one fourth of his monthly pay within the same month; nor shall the regimental quartermas- transpoftation™"^ ters aUow the use of army wagons for sutlers' purposes; nor shall the quartermasters' conveyances be used for the transportation of sutlers' supplies. ■ ^"1'?''^ .^i°'l'" Sec. 7. And be it further enacted, That any sutler who ing this act to be j i • • • dismissed, &c. shall violatc any of the provisions of this act shall, by the colonel, with consent of the council of administra- tion, be dismissed from the service, and be ineligible to a reappointment as sutler in the service of the United States. Approved, March 19, 1862. [12 Stats. 589.] ■Tuly 17,1862. Chap. CXOV.— An Act to suppress Insurrection, to punish Treason Post, p. 627. and Rebellion, to seize and confiscate the Property of Rebels, and for other Purposes. TreasOT, how Be it enacted by the Senate and House oj Representatives of the United States of America in Congress assembled, That every person who shall hereafter commit the crime of treason against the United States, and shall be ad- judged guilty thereof, shall suffer death, and all his slaves, if any, shall be declared and made free ; or, at the discre- tion of the court, he shall be imprisoned for not less than five years and fined not less than ten thousand dollars, and aU his slaves, if any, shall be declared and made free; said fine shall be levied and collected on any or all of the Pos<, p. 627. property, real and personal, excluding slaves, of which the said person so convicted was the owner at the time FEDERAL STATUTES, 1862. 1061 of committing the said crime, any sale or conveyance to the contrary notwithstanding. Sec. 2. And be it further enacted, That if any person shall . Engaging or as- hereafter incite, set on foot, assist, or engage in any rebel- ™^''|"""\j *^\™^ lion or insurrection against the authority of the United f^^^f' ^ow pun- States, or the laws thereof, or shall give aid or comfort thereto, or shall engage in, or give aid and comfort to, any such existing rebellion or insurrection, and be con- victed thereof, such person shall be punished by impris- onment for a period not exceeding ten years, or by a fine not exceeding ten thousand dollars, and by the liberation of all his slaves, if any he have; or by both of said pun- ishments, at the discretion of the court. Sec. 3. And be it further enacted, That every person ^ofd^^^^*^*** '" guilty of either of the offences described in this act shall be forever incapable and disqualified to hold any office under the United States. Sec. 4. And be it further enacted, That this act shall aa™|i^|eg2m° not be construed in any way to affect or alter the prose- ^e'"™, unless, &c. cution, conviction, or punishment of any person or per- sons guilty of treason against the United States before the passage of this act, imless such person is convicted under this act. Sec. 5. And be it further enacted. That, to insure the causf tbl°seizuM speedy termination of the present rebellion, it shall be "'*''* ^'*'*'*'=- the duty of the President of the United States to cause the seizure of all the estate and property, money, stocks, credits, and effects of the persons hereinafter named in this section, and to apply and use the same and the pro- ceeds thereof for the support of the army of the United States, that is to say : First. Of any person hereafter acting as an officer of o'rebei officers, the army or navy of the rebels in arms against the gov- ernment of the United States. Secondly. Of any person hereafter acting as President, oth'e/offi^r oL" Vice-President, member of Congress, judge of any court, ^^^^'^'^^^'''^ cabinet officer, foreign minister, commissioner or consul of the so-called confederate states of America. Thirdly. Of any person acting as governor of a state, ^°'^jj°™^j^^ member of a convention or legislature, or judge of &T^y Poft^^^'w court of any of the so-called confederate states of America, g^^s hdd^g Sm- Fourthly. Of any person who, having held an office of '^«^°'^™"'*'= honor, trust, or profit in the United States, shall hereafter hold an office in the so-called confederate states of America. Proviso. 1062 CIVIL WAR STATUTES. Same subject. Fifthly. Of any person hereafter holding any office or agency under the government of the so-called confederate states of America, or under any of the several states of the said confederacy, or the laws thereof, whether such office or agency be national, state, or municipal in its name or character: Provided, That the persons, thirdly, fourthly, and fifthly above described shall have accepted their appointment or election since the date of the pre- tended ordinance of cecession of the state, or shall have taken an oath of allegiance to, or to support the con- stitution of the so-caUed confederate states. of certain per- o* xi.i r\£ i ■ j. • sons aiding, ^c, bixthly. Ui any pcrson who, ownmg property m any Sales of°such loyal State or Territory of the United States, or in the progery o " j)jg^j.i(.^ pf Columbia, shall hereafter assist and give aid What shall be bar to suits. and comfort to such rebelhon; and all sales, transfers, or conveyances of any such property shall be null and void ; and it shaU be a sufiicient bar to any suit brought by such person for the possession or the use of such property, or any of it, to allege and prove that he is one of the persons described in this section, of^'^son's *in Sec. 6. Afid be it further enacted, That if any person fion°^ 'engaS within any State or Territory of the United States, other lion, 'not ecasine than those named as aforesaid, after the passage of this witiin^six^y^'days act, being engaged in armed rebellion against the govern- tirabythe^Prest-ment of the United States, or aiding or abetting such seizure, &c. ° ° rebellion, shall not, within sixty days after public warn- ing and proclamation duly given and made by the President of the United States, cease to aid, countenance, and abet such rebellion, and return to his allegiance to the United States, all the estate and property, moneys, stocks, and credits of such person shall be Mable to seizure as aforesaid, and it shall be the duty of the Presi- dent to seize and use them as aforesaid or the proceeds Sales, &c., void. ^]jgj.gQ£_ ^^ ^y^ Sales, transfers, or conveyances, of any such property after the expiration of the said sixty days from the date of such warning and proclamation shall be null and void ; and it shall be a sufiicient bar to any suit brought by such person for the possession or the use of such property, or any of it, to allege and prove that he is one of the persons described in this section. se^TSndemnl- ^^^- ^- '^'"^ ^^ '^* further enacted. That to secure the pro ' rt"" °' ^""^ condemnation and sale of any of such property, after the same shaU have been seized, so that it may be made available for the purpose aforesaid, proceedings in rem shall be instituted in the name of the United States in any FEDERAL STATUTES, 1862. 1063 district court thereof, or in any territorial court, or in the United States district court for the District of Columbia, within which the property above described, or any part thereof, may be found, or into which the same, if movable, may first be brought, which proceedings shall conform as nearly as may be to proceedings in admiralty or revenue cases, and if said property, whether real or personal, shall be found to have belonged to a person engaged in rebellion, or who has given aid or comfort thereto, the same shall be condemned as enemies' property and become the property of the United States, and may be disposed of as the court shall decree and the proceeds thereof paid into the treasury of the United States for the purposes aforesaid. Sec. 8. And he it fuHher enacted, That the several inS case's™'''^ courts aforesaid shall have power to make such orders, establish such forms of decree and sale, and direct such deeds and conveyances to be executed and delivered by the marshals thereof where real estate shall be the sub- ject of sale, as shall fitly and efficiently effect the pur- poses aforesaid, and vest in the purchasers of such property good and valid titles thereto. And the said courts shall have power to allow such fees and charges of their officers as shall be reasonable and proper in the premises. Sec. 9. And he it further enacted, That all slaves of tote'd^med rap- persons who shall hereafter be engaged in rebellion against 'o^te set S. ''"^ the government of the United States, or who shall in any way give aid or comfort thereto, escaping from such persons and taldng refuge within the lines of the army; and aU slaves captured from such persons or deserted by them and coming under the control of the government of the United States; and all slaves of such persons found on [or] being within any place occupied by rebel forces and afterwards occupied by the forces of the United States, shall be deemed captives of war, and shall be forever free of their servitude, and not again held as slaves. Sec. 10. And he it farther enacted. That no slave not Ito^^surren. escaping into any State, Territory, or the District ofciltaant "st^ Columbia, from any other State, shall be delivered up, ^aiieged'ownlJ or in any way impeded or hindered of his liberty, except '^ '°^*'' *"' for crime, or some offence against the laws, unless the person claiming said fugitive shall first make oath that the person to whom the labor or service of such fugitive is alleged to be due is his lawful owner, and has not 1064 CIVIL WAR STATUTES. borne arms against the United States in the present rebellion, nor in any way given aid and comfort thereto ; and no person engaged in the military or naval service of the United States shall, under any pretence whatever, assume to decide on the validity of the claim of any person to the service or labor of any other person, or surrender up any such person to the claimant, on pain of being dismissed from the service. empfoypSsons^o^ Sec' 11. And he it further enacted, That the President tosuppress*rebei-of the United States is authorized to employ as many persons of African descent as he may deem necessary and proper for the suppression of this rebellion, and for this purpose he may organize and use them in such manner as he may judge best for the public welfare. fr«ds?ivl^!™ "' Sec. 12. And he it further enacted, That the President of the United States is hereby authorized to make pro- vision for the transportation, colonization, and settle- ment, in some tropical country beyond the limits of the United States, of such persons of the African race, made free by the provisions of this act, as may be willing to emigrate, having first obtained the consent of the gov- ernment of sa d country to their protection and settle- ment within the same, with all the rights and privileges of freemen. prSSmTmnSty ^^^- ^^- ^'^^ ^^ it further enacted, That the President and pardon. jg hereby authorized, at any time hereafter, by proclama- tion, to extend to persons who may have participated in the existing rebellion in any State or part thereof, pardon and amnesty, with such exceptions and at such time and on such conditions as he may deem expedient for the public weKare. su^Trowsf to Sec. 14. And he it further enacted, That the courts ca^^ this act into of ^^g United States shall have full power to institute proceedings, make orders and decrees, issue process, and do aU other things necessary to carry this act into effect. Approved, July 17, 1862. [12 Stats. 615.] March 11, 1862. [No. 18.] A Resolution providing for the Payment of the Awards of the Commission, to investigate the military Claims in the DepartTnent of the West. Resolved hy the Senate and House of Representatives of the awar£"of°ram- United States of America in Congress assemUed, That miifta™"^^ claim" all sums allowed to be due from the United States to meDtoUhe^Mt! individuals, companies, or corporations, by the Com- PEDEBAL STATUTES, 1862. 1065 mission heretofore appointed by the Secretary of War, (for the investigation of military claims against the Department of the West), composed of David Davis, Joseph Holt, and Hugh Campbell, now sitting at St, Louis, Missouri, shall be deemed to be due and payable, and shall be paid by the disbursing officers, either in St. Louis or Washington, in each case, upon the pre- sentation of the voucher with the Commissioners' certifi- cate thereon, in any form, plainly indicating the allowance of the claim and to what amount. This resolution shall apply only to claims and contracts for service, labor, or materials, and for subsistence, clothing, transporta^ tion, arms, supplies, and the purchase, hire, and con- struction of vessels. Approved, March 11, 1862. [12 Stats. 625.] [No. 58.] Joint Resolution to declare the Meaning of "An Act to authorize J"ly u, 1862. the President of the United States in certain Cases to take Possesmm of Railroad and Telegraph Lines, and for other Purposes," approved Januury thirty-first, eighteen hundred and sixty-two, and to repeal a Part of said Act. Resolved hy the Senate and House of Representatives of the United States of America in Conqress assembled, That Meaning of act • 1 , 1 » 1 • 1 T. • 1 p IS''^, eh. 15, de- an act entitled An act to authorize the President otciared. the United States in certain cases to take possession of railroad and telegraph lines, and for other purposes," approved January thirty-first, eighteen hundred and sixty-two, shall not be so construed as to authorize the construction of any railroad, or the completion of any line of road, the greater part of which remained uncom- pleted at the time of the approval of said act, or to engage in any work of railroad construction. And so Part oj such act o o J repealed. much of said act as authorizes the President of the United States to extend and complete any railroad, is hereby repealed. Approved, July 14, 1862. 1066 OIVTL WAE STATUTES. [12 Stats. 627.] July 17, 1862. [No. 63.] Joint Resolution explanatory of "An Act to suppress Insur- rection, to punish Treason and Rebellion, to seize and confiscate the Property of Rebels, and for other Purposes." Resolved ly the Senate and House of Representatives of the United States of America in Congress assembled, portionsTf'S of That the provisions of the third clause of the fifth section ^^I'f^.v^m. of "An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," shall be so construed as not to apply to any act or acts done prior to the passage thereof; nor to include any member of a State legislature, or judge of any State court, who has not in accepting or entering upon his office, taken an oath to support the constitution of the so-called " Confederate States of America"; nor shall any punishment or proceedings under said act be so construed as to worlt a forfeiture of the real estate of the offender beyond his natural life. Approved, July 17, 1862. ACTS PASSED BY THIRTY-SEVENTH CONGRESS, HIRD SESSION. [12 Stats. 696.] Feb. 25, 1863. Chap. LX. — An Act to prevent Correspondence vnih Rebels. Correspondence Be it enacted ill the Senate and House of Representatives written or ver- -in r a • ' /-y bai, with rebel o/ <^g United States of America m Congress assembled, government or -^ -^ ^ ' agenst or persons That if any person, being a resident of the United States, ti^rein, how pun- j r j o ^ ^ 7 "B"^ or being a citizen thereof, and residing in any foreign country, shall, without the permission or authority of the Government of the United States, and with the intent to defeat the measures of the said Government, or to weaken in any way their efficacy, hold or commence, directly or indirectly, any correspondence or intercourse, written or verbal, with the present pretended rebel Gov- ernment, or with any officer or agent thereof, or with any other individual acting or sympathizing therewith; or if any such person above mentioned, not duly authorized, shall counsel or assist in any such correspondence or inter- course, with intent as aforesaid, he shall be deemed guilty of a high misdemeanor, and, on conviction before any Qourt of the United States having jurisdiction thereof, FEDERAL STATUTES, 1863. 1067 shall be punished by a fine not exceeding ten thousand dollars, and by imprisonment not less than six months nor exceeding five years. Sec. 2. And be it further enacted, That where the ^g^° J''»a*j,<=<"^ offence is committed in any foreign country, the district'™^ court of the United States for the district where the offender shall be first arrested shall have jurisdiction thereof. Approved, February 25, 1863. [12 Stats. 762.] Chap. XC. — An Act to protect the Lieus upon Vessels in certain Cases, March 3, 1863. and for other Purposes. Be it enacted by the Senate and House of Representatives oMoya?'dtizeM of the United States of America in Congress assembled, ^^^^^f J ^^^ That in all cases now or hereafter pending wherein any Sf "th^proSecu of ship, vessel, or other property, shall be condemned in any propin/'^ cona" proceeding by virtue of the acts * above mentioned, or of "'"*''• any other laws on that subject, the court rendering judg- ment of condemnation shall, notwithstanding such con- demnatjon, and before awarding such ship, vessel, or other property, or the proceeds thereof, to the United States, or to any informer, first provide for the payment, out of the proceeds of such ship, vessel, or other property, of any bona fide claims which shall be fUed by any loyal citizen of the United States, or of any foreign state or power at peace and amity with the United States, inter- vening LQ such proceeding, and which shall be dxily estabhshed by evidence as a valid claim against such ship, vessel, or other property, under the laws of the United States or of any loyal state thereof: Provided, ^^^^^^^^^^^^"^ That no such claim shall be allowed in any case where the ''".g^*?^^^ „,^j^y claimant shall have knowingly participated in the iQegal ""^ act extends, use of suah ship, vessel, or other property: And provided, also, That this act shall extend to such claims only as might have been enforced specifically against such ship, vessel, or other property, in any loyal state wherein such claim arose. Approved, March 3, 1863. 1068 CIVIL WAK STATUTES. [12 Stats. 820.] March 3, 1863. Chap. CXX. — An Act to provide for the Collection of abandoned Property and for the Prevention of Frauds in insurrectionary Districts within the United States. to^'^ive^^and "^* ^* enacted hy the Senate and House of Representatives dmil'V''*"''^ '^^ Z7mSe« " Alcoholic Content." Importation of, only under license issued by Di^dsion of Cus- toms, Treasury Department. [Presidential Proclamation, No. 1416] 151 MANIFESTS What to be set out in, before clearance granted. [Section 13, Trading with the Enemy Act, 40 Stats. 424] 121 MANUFACTURE See "President is Authorized, To cancel licenses." Of food materials. See " Secretary op Agriculture is Authorized." INDEX. 1101 MANUFACTURE, PRODUCTION, PREPARATION, OR MINING Of necessaries. See " President is Authorized, To requisition and take over plants." MANUFACTURE, STORAGE, MINING, DISTRIBUTION, OR IMPORTATION Of necessaries. See "President is Authorized, To license." MANUFACTURER Of necessaries, licensee, must follow required system of ac- counts and audit and submit same to inspection. See "President is Authorized, To prescribe systems of account and auditing." MANUFACTURERS, DEALERS, ETC., IN EXPLOSIVES Must keep records in specified way. [Section (9) Explosives Act, 40 Stats. 386]: 89 MARKET MANIPULATION See "Stock Exchanges." MARSHALS See "Collectors, Naval Officers," etc. MATERIAL, SHIPS AND WAR Requisition of plants for production of. See " President is Authorized, To requisition and take over plants;" "To require furnishing of materials." MATERIALS, MONEY, ETC. Involved in violations of the Trading with the Enemy Act [Section 16, Trading with the Enemy Act, 40 Stats. 425] ... 123 Belonging to «,n enemy or ally of enemy. [Sec. 7 (c) Trading with the Enemy Act; 40 Stats. 418] 107 MATERIAL, SHIPS AND Requisition of plants for production of. See " President is Authorized, To requisition and take over plants;" "To require furnishing of materials." MATERIALS OF WAR Transportation of. See "Transportation Systems." MATERIALS USED IN CONSTRUCTION OF AIRPLANES Sale of. [Urgent Deficiency Act, 40 Stats. 356] 85 MEAL, BEANS, POTATOES, WHEAT AND FLOUR Purchase, store, and provide storage facilities for. See "President is Authorized, To purchase." Sale of, for cash. See "President is Authorized, To sell for cash." MEANS OP TRANSMITTING COMMUNICATIONS Censorship of. See "President is Authorized, To censor." MEXICAN WAR See " Impressment. ' ' MILITARY SUPPLIES Procurement of. See "Arms and Ammunition," and "Such Product or Material as mat be Required." 1102 INDEX. MILITARY TRAFFIC See "Transportation System or Systems." MILITARY TRAINING CAMPS Land for. -Sec "Land." MINE Requisition and operation of, for production of necessaries. -See "President is Authorized, To requisition and take over plants. " MINE OPERATOR Charges, commissions, profits, or practices of. See "President is Authorized, To find storage and other charges. " MINER Of necessaries, licensee, must follow required system of ac- counts and audits and submit same to inpsection. See "President is Authorized, To prescribe systems of account and auditing. " MINERALS jSee "Nitrate Plant." MINES For production of, necessaries, requisitioning of. See "President is Authorized, To prescribe rules and regulations. " MINING See "President is Authorized, To cancel licenses." MINING, DISTRIBUTION, IMPORTATION, MANUFACTURE, STORAGE Of necessaries. See "President is Authorized, To license. " MINING, MANUFACTURE, PRODUCTION, AND PREPA- RATION Of necessaries. See "Pebsidbnt is Authorized, To requisition and take over plants. " MODIFICATION, SUSPENSION, REQUISITIONING, OR CANCELLATION Existing contract, for building, etc., ships or war material. See "President is Authorized, To modify or cancel contracts. " MONEYS Paid to Alien Property Custodian may be subject to lien, at- tachment, garnishment, trustee process, or execution or other order or decree of any court. [Section 9, Trading with the Enemy Act, 40 Stats. 419] 113 Payment of, belonging or owing to enemy or ally of enemy to person within United States. [Section 7 (b). Trading with the Enemy Act, 40 Stats. 417] 105 MONEY AND OTHER PROPERTY Belonging to enemy or ally of enemy to go to Alien Property Custodian, if required by President, may go ii not required. [Section 7 (c). Trading with the Enemy Act, 40 Stats. 418] . . 107 INDEX. 1103 MONEYS Of enemy, to be deposited in the Treasury of the United States. [Section 12, Trading with the Enemy Act, 40 Stats. 423.] ... . 119 MORTGAGE, PLEDGE, LIEN Disposition of surplus, remaining after satisfaction of. [Section 8 (a), Trading with the Enemy Act, 40 Stats. 419] 112 Due on demand, belonging to enemy or ally of enemy, how treated. [Section 8. (a), Trading with the Enemy Act, 40 Stats. 418] Ill MUNITIONS, MANUFACTURE OF Distilled spirits for. See "President is Authorized, To commandeer." NAME Change of enemy or ally of enemy, permitted upon con- ditions. [Section 4 (b). Trading with the Enemy Act, 40 Stats. 414] 100 NATIONAL EMERGENCY Elements of. [Espionage Act, 40 Stats. 220] 26 Necessities for Government. See "President is Authorized, To place a (compulsory) order." NAVAL CONSTRUCTION Land for needs of. [UrgentDeficienciesAct,40Stata.345, 371].. 86 NAVAL EMERGENCY FUND Further appropriation for. [Urgent Deficiencies Act, 40 Stats. 345,369] '. 86 NAVAL OFFICERS See " Collectors, Naval Officers," etc. NAVIGABLE WATERS Secretary of War, to prescribe rules and regulations for the use of. See " Secretary of War is Authorized." NAVY Foods, feeds, and fuels, and other supplies necessary for the maintenance of the Navy. [Food Control Act, 40 Stats. 279] 57 Land for aviation purposes. [Aviation Act, 40 Stats. 245] 37 Nitrates for military purposes. [National Defense Act, 39 Stats. 215] 4 North Island for aviation purposes. [Special Aviation Act, 40 Stats. 248] 40 Priority in transportation by any common carrier. [Priority Shipment Act, 40 Stats. 272] 43 Ships or material. [Emergency Shipping Fund Act, 40 Stats. 182] 22 Ships or war material. [Naval Emergency Fund Act, 39 Stats. 1193] 16 Transportation of troops and military supplies in time of war or threatened war. [Naval Appropriation Act, 39 Stats. 604]. . 6 Transportation of troops, war material, and equipment, in time of war. [CouncU of National Defense Act, 39 Stats. 645] 8 Vessels. [Shipping Board Act, 39 Stats. 731; German Boat Resolution, 40 Stats. 75] 12,18 1104 INDEX. NECESSARIES Defined to be "foods, feeds, fuel including fuel oil and natural gas, and fertilizer and fertilizer ingredients, tools, utensils, implements, machinery, and equipment required for the ac- tual production of foods, feeds, and fuel." [Sections 1 and 12, Food Control Act, 40 Stats. 276.] 49 " To requisition and take over, for use or operation by the Gov- ernment, any factory, packing house, oil pipe line, mine, or other plant, or any part thereof, in or through which any nec- essaries are or may be manufactured, produced, prepared, or mined, and to operate the same;" the President is author- ized whenever he "shall find it necessary to secure an ade- quate supply of necessaries for the support of the Army or the maintenance of the Navy, or for any other public use connected with the common defense" 64 The factory, plant, etc., is to be turned back to the person enti- tled to the possession thereof, ' ' whenever the President shall determine that the further use or operation by the Govern- ment * * * is not essential for the national security or defense " 65 The President is authorized to make such regulations as he may deem essential for carrying out the foregoing purposes "in- cluding the operation of any such factory, mine, or plant, or part thereof, the purchase, sale, or other disposition of articles used, manufactured, produced, prepared, or mined therein, and the employment, control, and compensation of employ- ees." [Sections 1 and 12, Food Control Act, 40 Stafs. 276, 280.] 50, 65 Adequate supply of for Army, Navy, and public use connected with the common defense. See "President is Authomzed, To requisition and take over plants." Destruction, wasting, deterioration of, hoarding of, etc., etc., prohibited. [Food Control Act, 40 Stats. 277 .] 61 Distributor of, Charges, Commissions, Profits, or Practices. See "President is Authorized, To find storage and other Importation, manufacture, storage, mining, or distribution of. jSec "President is Authorized, To license." Importer of, charges, commissions, profits, or practices. See "President is Authorized, To find storage and other charges.'' Manufacturer of, charges, commissions, profits, or practices. See "President is Authorized, To find storage and other Miner, of, charges, commissions, profits, or practices. See " President IS Authorized, To find storage or other charges.'' No natural person required to furnish to the Government any necessaries held by him and reasonably required for consump- tion or use by himself and dependents, nor to furnish seed necessary for seeding land owned, leased, or cultivated by them. [Food Control Act, 40 Stats. 279.] 61 INDEX. 1105 NECESSARIES— Continued RequiBitioning plants for production of. See "President is Authorized, To requisition and take over plants," and "To prescribe rules and regulations." Storage facilities for. See "President is Authorized, To requisition." Storage of, charges, commissions, profits, or practices concern- ing. See "President is Authorized, To find storage or other charges." NECESSARIES HOARDED "When any necessaries shall be hoarded as defined in section six they shall be liable to be proceeded against iu any district coirrt of the United States within the district where the same are found and seized by a process of libel for condemnation, and if such necessaries shall be adjudged to be hoarded they shall be disposed of by sale in such manner as to provide the most equitable distribution thereof as the court may direct, and the proceeds thereof, less the legal costs and charges, shall be paid to the party entitled thereto." [Section 7, Food Control Act, 40 Stats. 278] 55 NECESSARY SUPPLIES AND EQUIPMENT FOR THE ARMY Seiztrre of plants equipped for production of. See "President is Authorized, To take possession of plants and to manufacture therein." NECESSITIES OF GOVERNMENT Determined by President. See "President is Authorized, To place a (compulsory) order." In time of war, as to ships, and material, how determined. See "President is Authorized, To place a (compulsory) order." NITRATE PLANT [National Defense Act, 39 Stats. 215] 5 The President is authorized "to lease, purchase, or acquire, by condemnation, * * * such lands and rights of way as may be necessary for the construction and operation of such plants [for the manufacture of nitrates], * * * or to purchase or acquire by condemnation materials, minerals, and processes, patented or otherwise, necessary for the con- struction and operation of such plants and for the manufac- ture of such products." NONMAILABLE MATTER Unlawful to transport, carry, or otherwise publish or distribute. [Section 19, Trading with the Enemy Act, 40 Stats. 426] 125 NORTH ISLAND Authority to take possession of, [Special Aviation Act, 40 Stats. 247] 40 See "Land," "President is Authorized, To cause pos- session to be taken." 37639°— 18 70 1106 INDEX, NOTES, DEBTS, BILLS See "Debts, Bills, Notes." NOTICE That President considers any person is enemy or ally of enemy, effect of, [Section 7 (b). Trading with the Enemy Act, 40 Stats. 417] 107 OBLIGATIONS Owed to an enemy or ally of enemy, acquittances for, effect of [Section 7 (e). Trading with the Enemy Act, 40 Stats. 418]. . 109 OFFICERS, DIRECTORS, STOCKHOLDERS List of who are enemy or ally of enemy. [Section 7 (a). Trading with the Enemy Act, 40 Stats. 416] 103 OIL PIPE LINE Requisition and operation of, in connection with production of necessaries. See "President is Authorized, To requisition and take over plants." OPERATION Of ships and charters by the United States. See "President is Authorized, To purchase, requisition or take over." ORDER, COMPULSORY Power to place, See "President is Authorized, To place (compulsory) order," and "Compulsory Orders." ORDNANCE DEPARTMENT Authorized to manufacture in seized plants "in time of war, or when war shall be imminent, such product or material as may be required. " [National Defense Act, 39 Stats. 213]. . 2 OTHER SUPPLIES, ARMS AND AMMUNITION In time of war or when war is imminent. See "President is Authorized, To palce a (compulsory) order." OUTPUT OF FACTORY FOR THE PRODUCTION OF SHIPS OR WAR MATERIAL See "President is Authorized, To require furnishing," etc OUTPUT OF FACTORY FOR THE PRODUCTION OF SHIPS OR MATERIAL See "President is Authorized, To require furnishing,'' etc OWNERSHIP, PRODUCTION, TRANSPORTATION, MANU- FACTURE, STORAGE AND DISTRIBUTION Of food materials. See "Secretary op Agriculture is Authorized." PACKING HOUSE Requisition and operation of, for preparation of necessaries. See "President is Authorized, To requisition and take over plants." PATENTS Application for, by enemy or ally of enemy. [Section 10 (a). Trading with the Enemy Act, 40 Stats. 420] 114 Articles manufactured under enemy patents, price for fixed by President. [Section 10 (c), Trading with the Enemy Act, 40 Stata. 421] 116 INDEX. 1107 PATENTS— Continued Compensation for one kept secret by Government. [Patents Act, 40 Stats. 395] 93 Compensation for use of Enemy patent, by licensee. [Section 10 (d) , Trading with the Enemy Act, 40 Stats. 421] 116 Detrimental to public safety or defense, to be kept secret at direction of President. [Section 10 (i), Trading with the Enepiy Act, 40 Stats. 422] 118 Enemy owner may sue for infringement all parties but licensee. [Section 10 (g) , Trading with the Enemy Act, 40 Stats. 422] . . 118 Fees payable by citizens to foreign countries, how permitted. [Section 10(b), Trading with the Enemy Act, 40 Stats. 420]. . . 115 Keeping secret if detrimental to public safety or defense. [Patents Act, 40 Stats. 394; section 10 (i), Trading with the Enemy Act, 40 Stats. 422] 93,118 Reports by licensee for use of enemy patents. [Section 10 (d), TradingwiththeEnemyAct, 40 Stats.421] 116 Suits against United States for withholding because deemed detrimental to public safety or defense. [Section 10 (i), TradingwiththeEnemyAct, 40 Stats. 422] 118 Suit by enemy owner of, for accounting by licensee. [Section 10 (f). Trading with the Enemy Act, 40 Stats. 421] 117 Suits for infringement for use of enemy patent, defense to. [Section 10 (f) , Trading with the Enemy Act, 40 Stats. 421] .. . 116 Use of enemy or ally of enemy patent, by citizen or corporation. [Section 10 (c) , Trading with the Enemy Act, 40 Stats. 420] . . 115 When held abandoned, for patent detrimental to public safety or defense. [Section 10 (i), Trading with the Enemy Act, 40 Stats. 422] 118 PATENTED PROCESSES S«e "Nitrate Plant." PATENTS FOR AIR CRAFT Appropriation is made ' ' to enable the Secretary of War and the Secretary of the Navy to secure by * * * condemnation * * * such basic patent or patents as they may consider necessary to the manufacture and development of air craft in the United States and its dependencies, for governmental and civil purposes. ' ' [Naval Emergency Fund Act, 39 Stats. 1169] 14 PENALTY. Forviolationof Explosives Act. [Explosives Act, 40 Stats. 388]. 92 For violation of Trading with the Enemy Act. [Section 16, Trading with the Enemy Act, 40 Stats. 425] 123 "PERSON." Defined. [Explosives Act, 40 Stats. 386] 88 Defined. [Trading with the Enemy Act, 40 Stats. 412] 95 PERSONS. Executing Trading with the Enemy Act non-liability of. [Sec- tion 7 (e), Trading with the Enemy Act, 40 Stats. 418] 109 PERSONS DULY AUTHORIZED BY PRESIDENT TO SEIZE ARTICLES DESTINED FOR EXPORT. See "Abms and Otheb Articles Intended fob Export." 1108 INDEX. PHILIPPINE ISLANDS Jurisdiction of courta of first instance under the Trading with the Enemy Act. [Section 18, Trading with the Enemy Act, 40 Stats. 425] 124 PLANTS For producing coal and coke, to requisition and operate See "President is Authorized, To requisition and take over plants. ' ' For production of ships and war material, under what circum- stances taken possession of See "President is Authorized, To take possession of plants and to manufacture therein. ' ' Possession and operation of, for production of ships and war material See "President is Authorized, To take possession of plants and to manufacture therein. " Requisition of, for production of ships and material See "President is Authorized, To reqiusition and take over plants. ' ' Requisition and operation of, for production of necessaries See " President is Authorized, To requisition and take over plants. ' ' Seizure of plants equipped for or able to be transformed into plants for production of arms and ammunition and necessary supplies and equipment for the Army, when authorized .' See "President is Authorized, To take possession of plants and to manufacture therein. ' ' PLEDGE, LIEN, MORTGAGE ;See "Mortgage, Pledge, Lien." POSTMASTER GENERAL Duties of, in connection with censorship of press. [Section 19, Trading with the Enemy Act, 40 Stats. 425] 124 Powers and duties of, in enforcement of the Trading with the Enemy Act. [Executive Order, No. 2729-A.] 184 POTATOES, WHEAT, FLOUR, MEAL, AND BEANS Purchase, store, and provide storage facilities for. See "President is Authorized, To purchase." Sale of, for cash. See "President is Authorized, To sell for cash." PRACTICES Determination of, just, reasonable, non-discriminatory, fair. See " President is Authorized, To &ad storage and other charges. ' ' Of distributor of necessaries. Of importer of necessaries. Of manufacturer of necessaries. Of miner of necessaries. Of storer of necessaries. See " President is Authorized, To find storage and other charges." Unjust, unreasonable, or discriminatory and unfair, or wasteful. See "President is Authorized, To cancel licenses." INDEX, 1109 PRECEDENCE Orders for ships and war materials. [Naval Emergency Fund Act, 39 Stats. 1193] 15 Orders for ships or materials [Emergency Shipping Fund Act, . 40 Stats. 182] 22 Orders, military supplies, etc., which shall have. [National Defense Act, 39 Stats. 213] 1 Transportation of troops and material of war, in time of war or threatened war. [Naval Appropriations Act, 39 Stats. 604] « PREPARATION, MINING, MANUFACTURE, AND PRODUC- TION Of necessaries. See " President is Authorized, To requisition and take over plants. ' ' PRESIDENT To make report to Congress of operations of AUen Property Cus- todian. [Section 6, Trading with the Enemy Act, 40 Stats. 415] 103 PRESIDENT, EXCEPTIONAL POWERS OF, TIME WHEN OPERATIVE "And during the existing emergency authority is hereby fur- ther given." [Aviation Act, 40 Stats. 245] 37 ' ' During the continuance of the war in which the United States is now engaged the President is authorized . ' ' [Priority Ship- ment Act, 40 Stats. 272] 43 "During the period of the war" (as to certain powers) and until "six months after a final treaty of peace is proclaimed be- tween this Government and the German Empire. " [Emer- gency Shipping Fund Act, 40 Stats. 182-183] 22, 24 "In time of war. ' ' [Council of National Defense Act, 39 Stats. 645] 8 "In time of war, or of national emergency arising prior to March first, nineteen hundred and eighteen, to be determined by the President by proclamation. " [Naval Emergency Fund Act, 39 Stats. 1193] 15 "In time of war or threatened war." [Naval Appropriation Act, 39StafB. 604] 6 "In time of war or when war is imminent. " [National Defense Act, 39 Stats. 213] 1 Taking possession of and title to vessels belonging to alien enemies, etc., immediately. [40 Stats. 75] 18 "Whenever during the present war the President shaU find that the public safety shall so require, and shall make procla- mation thereof." [Espionage Act, 40 Stats. 225] 30 "Whenever the President by proclamation or Executive order declares a national emergency to exist by reason of actual or threatened war, insurrection, or invasion, or disturbance or threatened disturbance of the international relations of the United States." [Espionage Act, 40 Stats. 220] 26 1110 INDEX. PRESIDENT, EXCEPTIONAL POWERS OF, TIME WHEN OPERATIVE— Continued "Whenever the President shall find it essential to Hcense the importation, manufacture, storage, mining, or distribution of any necessaries " [Section 5]; "Whenever the President shall find that any storage charge, commission, profit, or practice of any licensee is unjust, or unreasonable, or discriminatory and unfair, or wasteful" [Section 5]; "From time to time" [Sections 10 and 11]; "Whenever the President shall find it necessary" [Section 12]; "Whenever the President shall de- termine that the further use or operation by the Govern- ment * * ■ * is not essential" [Section 12]; "Whenever the President finds it essential in order to prevent undue enhancement" etc. [Section 13]; "Whenever the President shall find an emergency exists requiring stimulation" [Sec- tion 14]; "When the President finds that the importation into the United States of any wheat * * * materially en- hances" [Section 14]; "Whenever the President shall find that limitation, regulation, or prohibition of the use of foods " etc. for the production of liquors "is essential" [Section 15]; "Whenever and wherever in his judgment necessary for the efficient prosecution of the war" [Section 25]; "If, in the opinion of the President," there is a failure to conform to regulations [Section 25]; "If the President of the United States shall be of the opinion that he can thereby better pro- vide forthe common defense, and whenever, in his judgment, it shall be necessary for the efficient prosecution of the war " [Section 25]; — ^it being provided that the provisions of this Act shall cease to be in effect when the existing state of war between the United States and Germany shall have termi- nated. [Pood Control Act, 40 Stats. 276-287] 49-81 "When the United States is at war, or during any national emer- gency the existence of which is declared by proclamation of the President." [Shipping Board Act, 39 Stats. 731] 12 ' ' During the present emergency " [Urgent Deficiencies Act, 40 Stats. 356] 85 "Whenever, during the present war " (censorship of mail, cable, and radio) [Section 3 (d)]; within a certain period from the date of the act [Section 4 (a)]; "during the present war" [Section 4 (b); "if he [The President] shall find it compatible with the safety of the United States and with the successful prosecution of the war" [Section 5 (a)]; "at such other times thereafter as the President may require" [Section 7 (a)]; "within sixty days after the filing of such application " relat- ing to alien property [Section 9]; "at any time during the existence of a state of war" [Section 10 (c)]; "whenever the publication of an invention by the granting of a patent may, in the opinion of the President, be detrimental to the public safety or defense, or may assist the enemy or endanger the successful prosecution of the war" [Section 10 (i)]; "when- ever during the present war the President shall find that the public safety so requires and shall make proclamation thereof" [Section 11]; "That, during the present war, when- ever there is reasonable cause to believe," etc., and "during the present war" [Section 14]. In most cases the grant of power carries no time limitation whatever. [Trading with the Enemy Act, 40 Stats. 411] 94-122 INDEX. 1111 PRESIDENT IS AUTHORIZED To accept as donation land For Aviation purposes. [Section 9, Aviation Act, 40 Stats. 245] 37 To accept services. To accept the services of any person without compensation in carrying out purposes of Food Control Act. [40 Stats. 276] 50 To acquire or provide facilities. "To acquire or provide facilities additional " for naval con- struction. [Urgent Deficiencies Act, 40 Stats. 345, 371]. 86 To appoint Alien Property Custodian, etc. To appoint Alien Property Custodian, and clerks, investi- gators, accountants, and other employees. [Section 6, Trading with the Enemy Act, 40 Stats. 415] 102 To appoint persons who may exercise certain powers of Alien Property Custodian. [Section 7 (e). Trading with the Enemy Act, 40 Stats. 418] 109 To appoint investigating agents. To appoiat agents to conduct investigations necessary to the enforcement of Section 13 of the Food Control Act, and all rules and regulations made by the President in pur- suance thereof, and to fix and pay the compensation of such agents. [Operation of Exchanges and Clearing Houses.] [Section 13, Food Control Act, 40 Stats. 280]. 68 To appoint agents to enter and inspect the places of busi- ness of licensees under Section 5 of the Food Control Act. [Section 5, Food Control Act, 40 Stats. 277] 52 To approve A board of survey, appointed by the Secretary of the Navy, to ascertain the actual value of any vessel, its equipment, appurtenances, and all property contained therein, seized under the authority of the German Boat Resolu- tion. [40 Stats. 75] 19 To approve investigations by the Secretary of Agriculture. To "ascertain the demand for, the supply, consumption, costs, and prices of, and the basic facts relating to the ownership, production, transportation, manufacture, storage, and distribution of, foods, food materials, feeds, seeds, fertilizers, agricultural implements and machinery, and any article required in connection with the pro- duction, distribution, or utilization of food." [Agricul- tural Act, 40 Stats. 273] 45 To approve regulations. To approve regulations, made by the Secretary of the Treasury, governing the anchorage and movement of vessels in the territorial waters of the United States. [Espionage Act, 40 Stats. 220] 26 To authorize. Payment to an enemy or ally of enemy nation in relation to patents and trade-marks, prints, labels, and copy- rights. [Section 10 (b), Trading with the Enemy Act, 40 Stats. 420] 115 1112 INDEX. PRESIDENT IS AUTHORIZED— Continued To authorize execution and delivery of acquittances. Necessary instruments of acquittance to persons delivering up notes, bonds, and other evidences of indebtedness. [Section? (e), Trading with the Enemy Act, 40 Stats. 418] 109 To authorize seizures. To authorize persons to "seize and detain any articles or mimitions of war about to be exported or shipped from, or taken out of the United States, in violation of law, and the vessels or vehicles containing the same, and retain possession thereof until released or diBposed of as here- inafter directed. ' ' [Espionage Act, 40 Stats. 224] 28 To cancel licences. To cancel or revoke [?] licenses for the importation, manu- facture, storage, mining, or distribution of necessaries, on finding any storage charge, commission, profit, or practice is unjust, or imreasonable, or discriminatory and unfair, or wasteful, unless such practices, etc., are discontinued. [Section 5, Food Control Act, 40 Stats. ■ 277] 52 To revoke or renew all licenses issued under the Trading with the Enemy Act. [Section 5 (a), Trading with the Enemy Act, 40 Stats. 415] 101 To cause possession to be taken. "To cause possession to be taken forthwith on behalf of the United States, for use for national defense and in connection therewith as sites for permanent aviation stations for the Army and Navy and for aviation school purposes, of the whole of North Island." [Special Aviation Act, 40 Stats. 247] 40 To cause issuance of permits. To caiise to be issued perraits for printing papers of kind described in act. [Section 19, Trading with the Enemy Act, 40 Stats. 426] 125 To censor. To censor, under rules and regulations made by him, mail, cable, radio, or other means of communication passing between the United States and foreign countries. [Section 3 (d), Trading with the Enemy Act, 40 Stats. 413] 98 To commandeer. To commandeer distilled spirits in bond or in stock — President is so "authorized and directed" — ^for redistilla- tion in so far as such redistillation is necessary, (a) to meet Government requirements in the manufacture of muni- tions, and other military and hospital supplies, or (b) to dispense with the necessity of utilizing products and materials suitable for foods and feeds in the future manu- facture of distilled spirits for the purposes herein enu- merated. [Section 16, Pood Control Act, 40 Stats. 282]. 73 To condemn land. For Aviation purposes. [Aviation Act, Sec. 9, 40 Stats. 245] 37 INDEX. 1113 PRESIDENT IS AUTHORIZED— Continued To cooperate. To cooperate with any agency or person in carrying out the purposes of the Pood Control Act. [40 Stats. 276] 50 See "To Use Agencies." To coordinate. To coordinate their [semble agent or agencies used by the President, department or agency of the Government] activities so as to avoid any preventable loss or dupli- cation of effort or funds in carrying out the purposes of the Food Control Act. [40 Stats. 276] 50 See "To Use Agencies." To create agencies. See "To Use Agencies." To create and use agencies. To create and use any agency or agencies in carrying out purposes of Pood Control Act. [40 Stats. 27'6] 50 To declare certain exports unlawful. "Whenever during the present war the President shall find that the public safety shall so require, and shall make proclamation thereof, it shall be unlawful to export from or ship from or take out of the United States to any coun- try named in such proclamation any article or articles mentioned in such proclamation, except at such time or times, and imder such regulations and orders, and sub- ject to such limitations and exceptions as the President shall prescribe, imtil otherwise ordered by the President or by Congress: Provided, however, That no preference shall be given to the ports of one State over those of another." [Section 1, Title VII, Espionage Act, 40 Stats. 225] 30 To demand preferential transportation facilities. To demand preferential treatment in transportation of troops and material of war in time of war or threatened war. [Naval Appropriation Act, 39 Stats. 604] 6 To designate depositories. To designate depositories for enemy property. [Section 12, Trading with the Enemy Act, 40 Stats. 423] 119 To determine and fix. See "To Pix Price." To determine priority in car service. "If he finds it necessary for the national defense and se- curity, to direct that such traffic or such shipments of com- modities as, in his judgment, may be essential to the national defense and security shall have preference or priority in transportation by any common carrier by rail- road, water, or otherwise. He may give these directions at and for such times as he may determine, and may modify, change, suspend, or annul them, and for any such purpose he is hereby authorized to issue orders direct, or through such person or persons aa he may designate for the purpose or through the Interstate Commerce Commission." [Priority Shipment Act, 40 Stats. 272]. . 43 1114 INDEX. PRESIDENT IS AUTHORIZED— Continued To determine tariff duty. To ascertain [when wheat importations from foreign coun- tries enhance or are likely to enhance Government lia- bilities under guarantees of prices] difference between existing tariff duty and tariff duty sufficient to make the price of imported wheat equal to the guaranteed price in this country, which duty shall, after proclama- tion thereof, be levied, but such duty so fixed must not lower rate fixed by statute. [Section 14, Food Control Act,40Stats. 281] 71 To dispose of. See, infra, "To Sell, Dispose Op." To direct any agency. See "To Use Agencies." To enter into agreements. See "To Use Agencies." To enter into arrangements. To enter into any voluntary arrangements or agreements in carrying out the purposes of the Food Control Act. [40 Stats. 276] 50 To establish and promulgate regulations. To establish and promulgate regulations, as he shall deem wise in connection with guaranteed prices of wheat, par- ticularly governing conditions of payment and delivery, and difference in price for different standards, and the terms and conditions upon which any producer shall be entitled to the benefits of such guaranty. [Section 14, Food Control Act, 40 Stats. 281] 70 To establish Governmental buying and selling Agencies. If the President be of the opinion that he can thereby bet- ter provide for the common defense, and whenever in his judgment it shall be necessary for the efficient prosecu- tion of the war, he is authorized and empowered to re- quire any or all producers of coal and coke, either in any special area or in any special coal fields, or in the entire United States, to sell their products only to the United States through an agency to be designated by the Presi- dent, such agency to regulate the resale of such coal and coke, and the prices thereof, and establish rules for the regulation and to regulate the methods of production, shipment, distribution, apportionment, or storage thereof among dealers and customers, domestic or foreign, and to make payment of the purchase price thereof to the pro- ducers thereof, or to the person or persons legally entitled to said payment. [FoodControl Act, 40 Stats. 284, 285]. 79 To establish rules. To establish rules for the regulation of and to regulate the method of production, sale, shipment, distribution, ap- portionment, or storage of coal and coke among dealers and consumers, domestic or foreign, whenever, in the President's judgment, it is necessary for the efficient prosecution of the war, which authority and power may be exercised through the Federal Trade Commission, during the war, or for such part of said time as in his judgment may be necessary. [Section 25, Food Control Act, 40 Stats. 284] 77 INDEX. 1115 PRESIDENT IS AUTHORIZED— Continued To extend time for filing lists. To extend time for filing lists requierd under Trading with the Enemy Act. [Section? (a), Trading with the Enemy Act, 40 Stats. 416] 104 To find storage and other charges. To find what is a just, reasonable, nondiscriminatory and fair storage charge, commission, profit, or practice for necessaries in lieu of unjust, etc., charges made by im- porter, manufacturer, warehousemen, miner, or dis- tributor of necessaries, which finding shall be prima facie evidence in any proceeding brought in any court. [Section 5, Food Control Act, 40 Stats. 278] 53 To fix price. Coal and cohe. To fix [wherever and whenever in his judgment necessary for the efficient prosecution of the war] the price of coal and coke, wherever and whenever sold, either by pro- ducer or dealer. [Section 25, Food Control Act, 40 Stats. 284] 76 Patented articles. To fix prices of articles, manufactured under requisitioned foreign patents necessary for the health of the military and naval forces or the successful prosecution of the war. [Section 10 (c). Trading with the Enemy Act, 40 Stats. 421] 116 Wheat. To determine and to fix [whenever he finds an emergency exists requiring stimulation of the production of wheat and that producers should have the benefit of a guaranty] and to give public notice of a reasonable guaranteed price for wheat in order to assure producers a reasonable profit. [Section 14, Pood Control Act, 40 Stats. 281] ... . 70 To give notice of suspected enemy status. To give notice he has reasonable ground to believe that any person is enemy or ally of enemy. [Section 7 (b). Trading with the Enemy Act, 40 Stats. 417] 107 To hold, transport, or store Wheat. To hold, transport, or store any wheat purchased by the President as authorized in Section 14 of the Food Oon- trolAct. [Section 14, Food Control Act, 40 Stets. 281]. . 71 To issue orders through the Interstate Commerce Commission. See "President is Authorized, to Determine Pri- ority IN Car Service." To keep patents secret. To keep patents secret, if pubhcation detrimental to public safety or defense. [Section 10 (i), Trading with the Enemy Act, 40 Stats. 422] 118 To keep records and make returns. See "To Prescribe Systems," etc. To lease land. For aviation purposes. [Section 9, Aviation Act, 40 Stats. 245] 37 1116 INDEX. PRESIDENT IS AUTHORIZED— Continued. To lease, purchase, or acquire by condemnation. Lands and rights of way, necessary for the construction and operation of nitrate plants. [National Defense Act, 39 Stats. 215] 5 To license. Malt and vinous liquors. To license [whenever he finds that limitation, r^fu- lation, or prohibition of the use of foods, fruits, food materials, or feeds for production of malt or vinous liquors is essential to secure adequate and continuous supply of food, or that national security and defense will be subserved thereby] production of malt and vinous liquors, from foods, fruits, food materials, or feeds. [Section 15, Food Control Act, 40 Stats. 282] 73 To license import of malt and vinous liquors and the alcoholic content thereof [under same conditions as to licensing production]. [Section 15. Food Con- trol Act, 40 Stats. 282] 73 Necessaries. To license [whenever he shall find licensing of impor- tations, manufacture, storage, mining, or distribu- tion of necessaries is essential in order to carry into effect the purposes of the Act] the importation, manufacture, storage, mining, or distribution of necessaries, all of which activities shall be unlawful after a time fixed in an announcement to be made by the President, except under license from the President. [Section 5, Pood Control Act, 40 Stats. 277] 51 See "President is Authorized, To prescribe systems of account and auditing," etc. Trading with the enemy. To license any person in the United States or an enemy or ally of enemy to trade directly or indirectly with, to, or from, or for, or on account of, or on behalf of, or for the benefit of any other enemy or ally of enemy person. [Section 3, Trading with the Enemy Act, 40 Stats. 412] 97 Change name of enemy or ally of enemy. To license during the present war any enemy or ally of enemy or any partnership of which either is a member or was a member at the be- ginning of the war, to assume or use any name other than that which each such enemy or partnership was ordinarily known at the be- ginning of the war. [Section 4 (b), Trading with the Enemy Act, 40 Stats. 414] 100 Communications with the Enemy or with fare/ign countries. To license any person to communicate to or from the United States otherwise than in the regular course of the mail, including communications to an enemy or ally of an enemy. [Section 3 (c). Trading with the Enemy Act, 40 Stats. 412] 97 INDEX. 1117 PRESIDENT IS AUTHORIZED— Continued. To license — Continued. Conduct of business by enemy or ally of enemy in the United States. To license to continue to do business every enemy or ally of enemy insurance or reinsurance com- pany, and every enemy or ally of enemy, doing business within the United States through an agency or branch office or otherwise. [Section 4 (a). Trading with the Enemy Act, 40 Stats. 413] 98 Foreign exAange, etc. To license transactions in foreign exchange, export or earmarkings of gold or silver coin or bullion or currency, transfers of credit in any form [other than credits relating solely to transactions to be executed wholly within the United States], and transfers of evidences of indebtedness or of the ownership of property between the United States and any foreign country, whether enemy, ally of enemy or otherwise, or between residents of one or more foreign countries^ by any person within the United States. [Section 5 (b) , Trading with the Enemy Act, 40 Stets. 415] 101 Payment of enemy or ally of enemy rnonies to persons in the United States. To license the payment of money belonging or owing to an enemy or ally of enemy to a person within the United States, not an enemy or ally of enemy, for the benefit of such person or of any other peison within the United States, not an enemy or ally of enemy, if the fund so paid shall have been received prior to the beginning of the war, and such payments arise out of transactions entered into prior to the beginning of the war, but not in contemplation thereof. [Section 7 (b), Trading with the Enemy Act, 40 Stats. 417] 104 Payment of fees on foreign letters patent. To license citizens of the United States and cor- porations organized within the United States to apply for and take out patents, trade-marks, prints, labels, and copyrights, to pay fees thereon in enemy or ally of enemy country. [Section 10 (b), Trading with the Enemy Act, 40 Stats. -420] 115 Revocation of license. To revoke or renew any license granted under the provisions of the Trading with the Enemy Act. [Section 5 (a), Trading with the Enemy Act, 40 Stats. 415] 101 1118 INDEX. PRESIDENT IS AUTHORIZED— Continued To license — Continued Transporting enemy or ally of enemy persons. To license any person to transport or attempt to transport to or from the United States or be- tween two foreign ports an enemy or ally of enemy person. [Section 3 (b), Trading with the Enemy Act, 40 Stats. 412] 97 Use of foreign patents. To grant an exclusive or non-exclusive license for using any trade-mark, print, label, or copy- righted matter owned or controlled by an enemy or ally of enemy at any time during the exist- ence of war. [Section 10 (c), Trading with the Enemy Act, 40 Stats. 421] 115 To modify or cancel contracts. Ships or war material. To modify or cancel any existing contract for the building, production, or purchase of ships or war material. [Within limits of appropriation.] [Naval Emergency Fund Act, 39 Stats. 1193] 16 Ships or material. To modify, suspend, cancel, or requisition any exist- ing or future contract for the biiilding, production, or purchase of ships or material, within amounts ap- propriated for by the statute. [Emergency Ship- ping Fund Act, 40 Stats. 182] 22 To order discontinuance of practices. Whenever President finds any storage charge, commission, profit, or practice of any Ucensee for importing, etc., nec- essaries, is unjust, or unreasonable, or discriminatory or or unfair, or wasteful, he may order same stopped and licensee must obey order. [Section 5, Food Control Act, 40 Stats. 277] 52 To order property payments. To order Alien Property Custodian and Treasurer of the United States to pay over to designated person property held by them. [Sections 9 and 12, Trading with the Enemy Act, 40 Stats. 424] 113, 119 To order release and restoration of property. "To order the release and restoration to the owner or claimant, as the case may be, of any property seized or condemned under the provisions of this title" [which covers arms and other articles intended for export con- trary to the provisions of law]; "upon payment of the costs and legal expenses incurred in any such summary trial for possession or libel proceedings. ' ' [Title VI, Sec- tion 7, Espionage Act, 40 Stats. 225] 30 To order restoration of property. To order property seized under Espionage Act because destined for illegal export ' 'to be restored to the owner or claimant." [Espionage Act, Title VI, Sec. 2, 40 Stats. 224] 28 INDEX. 1119 PRESIDENT IS AUTHORIZED— Continued To pass upon claims. To pass upon claims of citizens and corporations against property belonging to enemies and allies of enemies, upon application of claimant and consent of owner. [Section 9, Trading -with the Enemy Act, 40 Stats. 419] 113 To place a {compulsory) order. Arms and ammunition. To place an order with priority rights through the Secretary of War for arms, ammunition or parts of ammunition, or other supplies or equipment — ^in time of war or when war is imminent. Reasonable price [which must be ' 'fair and just "], as determined by the Secretary of War. [National Defense Act, Section 120, 39 Stats. 213] 1 Products or material. To place an order with priority rights through the head of any Department of the Government for such prod- uct or material as may be required in time of war or when war is imminent. Compensation shall be ' 'fair and just. " [Section 120, National Defense Act, 39 Stats. 213] 2 Ships or materials. To place an order with priority rights for such ships or materials as the necessities of the Government, to be determined by the President, may require during the war, which are of a kind and quantity usually pro- duced by such person and within amounts authorized by statute. [Emergency Shipping Fund Act, 40 Stats. 182] 22 Ships or war material. To place an order with priority rights for ships or war material, of the nature, kind, and quantity usually produced or capable of being produced, as the neces- sities of the Government, to be determined by the President, may require — in time of war or national emergency before March 1, 1918. [Navy Emergency Fund Act, 39 Stats. 1193] 15 To prescribe rules and regulations. Coal and Coke. To prescribe such regulations as the President may deem essential for the emplojTnent, control, and compensation of the employees necessary to conduct the operations of requisitioned plants, businesses, and appurtenances of producers or dealers in coal and coke. [Food Control Act, 40 Stats. 284] 79 Distilled spirits. To prescribe rules, regulations, and bonds for the use of foods, fruits, food materials, and feeds for the pro- duction of distilled spirits exclusively for other than beverage purposes. [Section 15, Food Control Act, 40 Stafs. 282] 72 1120 INDEX, PRESIDENT IS AUTHORIZED— Continued To prescribe rates and regulations — Continued Malt and vinous liquors. To prescribe and give public notice of necessary regu- lations, limitations, proMbitions, or reductions of the production of malt and vinous liquors from foods, fruits, food materials, or feed. [Section 15, Food Control Act, 40 Stats. 282] 73 To prescribe regulations essential for carrying out pur- poses of requisitioning factories, etc., for necessa- ries, including — (A) Operation of any such factories, mines, or plants or parts thereof requisitioned; (B) Piirchase, sale, or other disposition of articles used, manufactmred, produced, prepared, or mined therein; (0) The employment, control, and compensation of employees. [Section 12, Food Control Act, 40 Stats. 280]. . . 65 Stock exchanges. To prescribe regulations governing, or wholly or partly prohibiting operations, practices, and transactions at, in, or on, or under the rules of any exchange, board of trade, or similar institution or place of business as he may find essential to prevent, correct, or remove undue enhancement, depression, or fluc- tuation of prices of, or in order to prevent injurious speculations in, or in order to prevent unjust market manipulation or unfair and misleading market quota- tions of the prices of necessaries. [Section 13, Food Control Act, 40 Stats. 280] 67 Toprescribe systems of account and auditing, submission of reports. Necessaries. To prescribe requirements for systems of accounts and auditing of accounts to be kept by licensees for the importation, manufacture, storage, mining, or dis- tribution of necessaries, for the submission of reports by them, with or without oath or afiirmation, and for the entry and inspection by the President's duly authorized agents of the places of business of licen sees. [Section 5, Food Control Act, 40 Stats. 277]. . 52 To prohibit. To prohibit foreign insurance companies from doing busi- ness. [Section 4 (b). Trading with the Enemy Act, 40 Stats. 414] 101 Transactions in foreign exchange, export or earmark- ings of gold or silver coin or bullion or currency, transfers of credit in any form [other than credits relating solely to transactions to be executed wholly within the United States], and transfers of evidences of indebtedness or of the ownership of property between the United States and any foreign country, whether enemy, ally of enemy, or otherwise, or be- tween residents of one or more foreign countries, by any person within the United States. [Section 5 (b). Trading with the Enemy Act, 40 Stats. 415] 101 INDEX. 1121 PRESIDENT IS AUTHORIZED— Continued To purchase. Wheat. To purchafle any wheat for which a guaranteed price shall be fixed, if such a course is necessary to protect the Government of the United States against a material enhancement of its liability. [Section 14, Food Control Act, 40 Stats. 281] 71 Wheat, flour, meal, beans, and potatoes. To purchase, to store, to provide storage facilities for wheat, flour, meal, beans, and potatoes, at not less than a minimum price, if the same has been fixed as provided in statute. [Section 11, Pood Control Act, 40 Stats. 279] 63 To purchase or acquire by condemnation. Materials, minerals, and processes, patented or otherwise, necessary for the construction and operation of such plants [nitrate plants] and for the manufacture of such products. [National Defense Act, 39 Stats. 215] 5 To purchase, requisition, or take over ships, or charter. To purchase, requisition or take over the title to or the pos- session of, for use or operation by the United States any ship now constructed or in the process of construction or hereafter constructed, or any part thereof, or the charter of such ship, within the limits of the amount authorized statute. [EmergencyShipping Fund Act, 40 Stats. 182]. 22 To require delivery of money. To require delivery money, etc. , belonging to enemy or ally of enemy. See "President is authohized. To Reqtjisition." To require furnishing of materials. Ships or materials. To require the owner or occupier of any plant in which ships or materials are built or produced to place at the disposal of the United States the whole or any part of the output of such plant, to deliver such out- put or part thereof in such quantities and at such times as may be specified in the order, within the limits of the amount authorized in the Act. [Emer- gency Shipping Fund Act, 40 Stats. 182] 22 Ships or war materials. To require owner or occupier of factory in which ships or war material are built or produced to place at the disposal of the United States the whole or any part of the output of such factory, and, within the limits of the amount appropriated therefor, to deliver all or parts of output at times and in quantities specified , and at a reasonable price to be determined by Presi- dent. [Naval Emergency Fund Act, 39 Stats. 1193] . 16 To require lists. To require full list of every officer, director, or stockholder of corporations, associations, companies, or trustees, who is an enemy or ally of enemy, etc., with shares of stock owned by each. [Section 7 (a), Trading with the Enemy Act, 40 Stats. 416] 103 376S9°-t18 71 1122 INDEX. PRESIDENT IS AUTHORIZED— Continued To require lists — Continued To require list of all stock or shares owned on Feb. 3, 1917, by persons now defined as enemy or ally of enemy or in which such person has an interest, whether in such per- sons' names or in the names of others. [Section 7 (a), Trading with the Enemy Act, 40 Stats. 416] 103 To require production of books. To require production of books, etc., of persons engaged in transactions of foreign exchange, etc. [Section 5 (b), Trading with the Enemy Act, 40 Stats. 415] 102 To require records kept — clearing houses, etc. To require clearing houses, clearing associations, and simi- lar institutions acting for the purpose of clearing, settling, or adjusting transactions at, in, or on, or under the rules of any exchange, board of trade, or similar institution or place of business, to keep such records and to make such returns as will fully and correctly disclose all facts in their possession relating to such transactions. [Section 13, Food Control Act, 40 Stats. 280] 68 To require reports. To require report of all debts owned by persons in the United States to enemies or allies of enemies. [Section 7 (a), Trading with the Enemy Act, 40 Stats. 416] 104 To require report of all property held for and on behalf of an enemy or ally of enemy. [Section 7 (a). Trading with the Enemy Act, 40 Stats. 416] 104 To require sale to the United States. To require any or all producers of coal and coke, either in any special area or in any special coal fields or in the entire United States to sell their products only to the United States through an agency to be designated by the President. Such agency to regulate the resale of such coal and coke and the prices thereof. [Section 25, Food Control Act, 40 Stats. 284] 79 To requisition. Contracts. To requisition any existing or future contract for the building, production, or purchase of ships or mate- rial within amounts appropriated for by the statute. [Emergency Shipping Fund Act, 40 Stats. 182] 22 Foods, etc. , and other supplies. To requisition foods, feeds, fuels, and other supplies necessary to the support of the Army or the main- tenance of the Navy, or any other public use con- nected with the common defense. [Section 10, Food Control Act, 40 Stats. 279] 57 Mon^y or other enemy property. "If the President shall so require, any money or other property owing or belonging to or held for, by, on account of, or on behalf of, or for the benefit of an enemy or ally of enemy not holding a license granted by the President hereunder, which the President after investigation shall determine is so owing or so belongs or is so held, shall be conveyed, transferred, assigned, delivered, or paid over to the alien property custodian." [Section 7 (c), Trading with the Enemy , Act, 40 Stats. 418] 107 INDEX. 1123 PRESIDENT IS AUTHORIZED— Continued To requisition — Continued Storage faxAUties. To requisition, or otherwise provide for, storage facili- ties for foods, feeds, fuels, and other supplies neces- sary to the support of the Army or the maintenance of the Navy, or any other public use connected with the common defense. [Section 10, Food Control Act, 40 Stats. 279] 57 To requisition and take over plants, etc. Coal and coke. To requisition and take over the plant, business, and all appurtenances thereof belonging to such producer or dealer [of coal or coke] as a going concern, and to operate or cause to be operated in such manner and through such agency as he may direct, during the period of the war, whenever any producer or dealer fails or neglects to conform to such prices and regu- lations as the President has prescribed or to conduct his business efficiently thereunder or conducts it in a manner prejudicial to the public interest. [Sec- tion 25, Food Control Act, 40 Stats. 284] 77 Necessaries. To requisition and take over any factory, packing house, oil pipe line, mine, or other plant, or any part thereof, in or through which any necessaries are or may be manufactured, produced, prepared, or mined, and to operate the same, or restore the same when no longer essential for the national security or defense. This requisitioning may be done whenever the Presi- dent shall find it necessary to secure an adequate supply of necessaries for the support of the Army or the maintenance of the Navy or for any other public use connected with the common defense. [Section 12, Food Control Act, 40 Stats. 279] 64 Ships or materials. To requisition and take over for use or operation by the United States any plant, [for the production of ships, etc.,] or any part thereof without taking pos- session of the entire plant whether the United States has or has not any contract or agreement with the owner or occupier of such plant. [Emergency Shipping Fund Act, 40 Stats. 182] 22 Ships or war materials. To requisition and take over for use or operation any factory, or any part thereof [for the production of ships, etc.] without taking possession of all of it, whether the United States has or has not any contract or agreement with the owner or occupier. [Naval Emeigency Fund Act, 39 SUts. 1193] 16 To restrain performance of acts. To postpone performance of acts deemed violation of Trad- ing with the Enemy Act. [Section 5 (a), Trading with the Enemy Act, 40 Stats. 415] 101 To review refusal of clearance of vessel. [Section 14, Trading with the Enemy Act, 40 Stats. 424] 122 1124 INDEX. PRESIDENT IS AUTHORIZED— Continued To review. Refusal of collector of customs to clear vessel needing clearance or the forbidding of departure of vessel for ■which clearance is not required by law. [Section 14, Trading with the Enemy Act, 40 Stats. 424] 122 To sell. [The United States are "to sell. "] To sell coal and coke products purchased by the United States through the agency which the President is author- ized to establish at such uniform prices, quality con- sidered, as may be practicable, and as may be determined by such agency to be "just and fair. " [Section 25, Food Control Act, 40 Stats. 285] 79 To sell, dispose of wheat. To sell, dispose of, and deliver any wheat purchased under Sec. 14, Pood Control Act, to any citizen of the United "^States or to any Government engaged in war with which the United States is or may be at war. [Section 14, Food Control Act, 40 Stats. 281] 71 To sell for cash wheat, flour, meal, beans, and potatoes. To sell for cash, at reasonable prices, wheat, flour, meal, beans, and potatoes. [Section 11, Pood Control Act, 40 Stats. 279] 63 To sell war materials. To sell war materials used in construction of airplanes, whether materials heretofore or hereafter acquired, to any person, firm, or corporation, or to any foreign State or Government engaged with the United States Govern- ment in the prosecution of war against a common enemy or its allies, in such manner and upon such terms not less than, as he in his discretion may deem best. [Urgent Deficiencies Act, 40 Stats. 356] 85 To store. See, supra, "To Hold, Transport, or Store," and "To Purchase. " To take immediate possession and title. Of any vessel within the jurisdiction of the United States, including the Canal Zone, and all territories and insular possessions, except the American Virgin Islands, which at the time of coming into such jurisdiction was owned in whole or in part by a corporation, citizen, or subject of any nation with which the United States may be at war when such vessel shall be taken, or was flying the flag of or was under registry of any such nation or any political subdivision or municipality thereof. [German Boat Resolution, 40 Stats. 75] 18 To take immediate possession and use. To take immediate possession of all*or any part of any fac- tory belonging to a contractor who refuses or fails to com- ply with orders [for ships or war materials] placed by him, and to use the same at such times and in such manner as the President may consider expedient. [Naval Emer- gency Fund Act, 39 Stats. 1193] 16 Of North Island, San Diego Harbor. [Special Aviation Act, 40 Stats. 247] 40 INDEX. 1125 PRESIDENT IS AUTHORIZED— Continued To take over land. To "take over" land and appurtenances, rights of way, easements, etc., for establishing proving grounds. [Ur- gent Deficiencies Act, 40 Stats. 353] 85 To take possession absolutely or temporarily. For any naval or military purpose of any vessel, purchased, leased or chartered from the Shipping Board. [Shipping Board Act, 39 Stats. 731] 13 To take possession and assume control transportation systems. "The President, in time of war, is empowered, through the Secretary of War, to take possession and assume control of any system or systems of transportation, or any part thereof, and to utilize the same, to the exclusion as far as may be necessary of all other traffic thereon, for the trans- fer or transportation of troops, war material and equip- ment, or for such other purposes connected with the emergency as may be needful or desirable. " [Council of National Defense Act, 39 Stats. 645] 8 To take possession of plants and to manufacture therein. Arms or ammunition. To take immediate possession of any shop, plant or plants and * * * to manufacture therein in time of war, or when war shall be imminent, such product or material as may be required, where such plant is equipped for the manufacture of arms or am- munition, or parts of ammunition, or any necessary supplies or equipment for the Army, or is capable of being readily transformed into a plant for the manu- facture of arms or ammunition or parts thereof, or other necessary supplies or equipment. Rental to be "fair and just." [Section 120, National Defense Act, 39 Stats. 213] 2 Ships or war materials. To take immediate possession of any factory * * * or any part thereof without taking possession of the entire factory, and may use the same at such times and in such manner as he may consider necessary or expedient [within limits of appropriation]: (a) Where party refuses or fails to produce "ships or war material" as ordered, and (6) Where party refuses or fails "to modify or can- cel any existing contract for the building, production, or purchase of ships or war mate- rial. " [Naval Emergency Fund Act, 39 Stats. 1193] 16 To transport. See, supra, "To Hold, Transport, ob Store" To use purchased articles, wheat. To use any wheat purchased under Sec. 14, Food Control Act as supplies for any department or agency of the Government of the United States of America. [Section 14, Food Control Act, 40 Stats. 281] 71 1126 INDEX. PRESIDENT IS AUTHORIZED— Continued To use agencies — For carrying out the purposes of the act. "To direct any agency or organization of the Govern- ment to cooperate with, the Secretary of Agriculture in carrying out the purposes of this Act and to coordinate their activities so as to avoid any pre- ventable loss or duplication of work." [Agricul- tural Act, 40 Stats. 274] 46 For carrying out the purposes of the act. "To enter into any voluntary arrangements or agree- ments, to create and us any agency or agencies, to accept the services of any person without compen- sation, to cooperate with any agency or person, to utilize any department or agency of the Government, and to coordinate their activities so as to avoid any preventable loss or duplication of effort or funds." [Food Control Act, 40 Stats. 276] 50 To use as a revolving fund. Any monies received by the United States for the sale of any coal or coke [through an agency established by the President] may, in the discretion of the President, be used as a revolving fund for further carrying out the purposes of this section. [Food Control Act, 40 Stats. 285] 80 Any monies received by the United States from or in connection with the sale or disposal of wheat under Section 14 of the Food Control Act, such fund to be used "for further carrying out the piu^oses of this section. ' ' [Food Control Act, 40 Stats. 281-282] 71 Any monies received by the United States for or in con- nection with the use or operation of any factory, mine, etc., requisitioned by the Government for the production of necessaries may be used for the purpose of the con- tinued use or operation of any such factory, mine, or plant or part thereof. [Food Control Act, 40 Stats. 280]... 65,66 To use as a revolving fund "any monies received by the United States from or in connection with the disposal by the United States of necessaries" under Section 11 of the Food Control Act, "for fiirther carrying out the purposes of this Section." [Section 11, Food Control Act, 40 Stats. 279] 64 To utilize Governmental agencies. To utilize any department or agency of the Government in carrying out the purposes of the Food Control Act. [40 Stats. 276] 50 See "To Use Agencies." PRESS Supervision of [Section 19, Trading with the Enemy Act, 40 Stats. 425] 124 INDEX. 1127 PRICE Agreed upon, ships or material, under penalty of requisitioning plant. See "President is Aitthorized, To place a (compulsory) order." Authority to fix, of coal and coke See "President is Authorized, To fix price." Authority to fix, of articles made under requisitioned foreign patents [40 Stats. 411]... 116 Guaranteed of wheat, authority to fix See "President is Authorized, To fix price." Unfair, for coal or coke. Government may be sued. [Pood Con- trol Act, 40 Stats. 284] 78 PRICE FIXING During the Revolutionary and Civil Wars 76 PRICE QUOTATIONS See "Stock Exchanges." PRICES Prevention of undue enhancement, depression, or fluctuation of, on necessaries. See "President is Authorized, To prescribe rules and regulations." PRIORITY IN CAR SERVICE See "Transportation System ob Systems." PROCESSES, PATENTS, ETC., FOR CONSTRUCTION OP NITRATE PLANTS See "President is Authorized, To purchase or acquire by condemnation . ' ' PRODUCER Of coal and coke, plant may be requisitioned. See "President is Authorized, To requisition and take over plants." Of wheat, to have a reasonable profit, under guaranteed price. See "President is Authorized, To fix price." PRODUCT OR MATERIAL Required in time of war or when war is imminent. See "President is Authorized, To place a (compulsory) order;" "Such Product or Material," etc. PRODUCTION, PREPARATION, MINING, AND MANU- FACTURE Of food materials. See "Secretary of Agriculture is Authorized." Of necessaries. See "President is Authorized, To requisition and take over plants." PROFIT Determination of just, reasonable, nondiscriminatory, fair. See "President is Authorized, To find storage and other charges." On wheat, price fixed to guarantee. See "President is Authorized, To fix price." Unjust, unreasonable, discriminatory, and tmfair. See "President is Authorized, To cancel licenses." What is a just, reasonable, and fair profit under Section 5 of Food Control Act. [Executive Order No. 2765] 190 1128 INDEX. PROFITS Of distributors of necessaries. Of manufacturer of necessaries. Of miner of necessaries. Of storer of necessaries. See "President is Authorized, To find storage and other charges." PROFITS, OF IMPORTER Of necessaries. See "President is Authorized, To find storage and other charges." PROPERTY Belonging to enemy or ally of enemy, effect of transfer of, to Alien Property Custodian. [Section 7 (e). Trading with the Enemy Act, 40 Stats. 418] 109 Enemy, forfeiture of, involved in violation of the Trading with the Enemy Act. [Section 16, Trading with the Enemy Act, 40 Stats. 425] 123 Enemy or ally of enemy, no rights acquired by transfer of. [Section 7 (b). Trading with the Enemy Act, 40 Stats. 416]. 104 Of enemy or ally of enemy, claims against by non-enemies, how enforced. [Section 9, Trading with the Enemy Act, 40 Stats. 419] 113 Of enemy or ally of enemy, listshowing. [Section 7 (a). Trading with the Enemy Act, 40 Stats. 416] 103 Of enemy or ally of enemy, mortgage, pledges. Hen, payable on demand, how paid. [Section 8 (a). Trading with the Enemy Act, 40 Stats. 418] Ill Of enemy or ally of enemy, not subject to lien, attachment, garnishment, trustee process, or execution or subject to any order or decree of court. [Section 9, Trading with the Enemy Act, 40 Stats. 420] 114 Of enemy, proceeds from to be deposited with Treasury of the United States. [Section 12, Trading with the Enemy Act, 40Stat8.423] 119 Of enemy or ally of enemy, report by custodians of. [Section 7 (a) , Trading with the Enemy Act, 40 Stats. 416] 103 Of enemy or ally of enemy, other than money, to be trans- ferred to Alien Property Custodian. [Section 12, Trading with the Enemy Act, 40 Stats. 423] 119 Restoration condemned property. See "President is Authorized, To order release and restoration of property." Transfer of. See "Transfer of Property." PROPERTY OF ENEMY OR ALLY OF ENEMY See "Confiscation"; "Property"; "Enemy Property"; "Requisition"; "Regulations," and "Secretary of THE Treasury," infra. See "Secretary of the Treas- ury is Authorized," infra. PROVING GROUND President authorized to "take over" land for. [Urgent Defi- ciencies Act, 40 Stats. 345, 353] 85 Presidential Proclamation defining limits and appropriating land therefor. [Presidential Proclamation, No. 1418] 153 INDEX. 1129 PURCHASE Of necessaries. See "President is Authorized, To prescribe rules and regulations." Of wheat. See " President is Authorized, To purchase." RADIO Censorship of. See "President is Authorized, To censor." RAILROADS See "Transportation System or Systems." RAILWAYS, ELECTRIC Secretary of Navy is empowered to exact guarantees as to the running of certain railways. [Air Station Act, 40 Stats. 344] . . 83 REASONABLE PRICE See "Compensation." RECORDS Clearing houses and associations required to keep. See "President is Authorized, To require records kept." REDISTILLATION, DISTILLED SPIRITS See "President is Authorized, To commandeer." REGULATIONS Connected with guaranteed price of wheat. S'ee "President is Authorized, To establish and pro- mulgate regulations." Of "car service" by Interstate Commerce Commission. See "Transportation System or Systems." Of production, sale, shipment, distribution, apportionment, or storage of coal and coke. See "President IS Authorized, To establish rules." REGULATIONS, RULES AND See "Rules and Regulations." REGULATION, LIMITATION, PROHIBITION, OR RE- DUCTION Of malt and vinous liquors. See "President is Authorized, To prescribe rules and regulations." REPORT Of Collector of Customs to President, regarding shipments of gold or silver coin or bullion, what to contain. [Section 14, TradingwiththeEnemyAct,40Stats.424] 122 REQUISITION During Revolutionary War, Wars of 1812, 1847, and Civil War, See "Impressment." [OF TITLE] Coal and coke. See "President is Authorized, To requisition and take over plants, etc." Charter of ships. See "President is Authorized, To purchase, requi- sition, or take over. ' ' Distilled spirits. See "President is Authorized, To commandeer." 1130 INDEX. REQUISITION— Continued [OF TITLE]— Continued Foods, feeds, fuels, and other supplies. See "Pkesident is Authorized, To requisition." Land See "Land." Materials, money, patents, etc., belonging to "an enemy" or to an "ally of enemy. " See "Sbceetaet of the Teeastjry is AtrTHORizED" and see "Patents" and "Alien Property Custo- dian. " Nitrate plants, materials, minerals, processes. See "Nitrate Plants" and "President is Author- ized, To purchase or acquire by condemnation. " Output of factories in which ships or material are built or produced. See "President is Authorized, To require furnish- ing of materials. " Output of factories in which ships or war materials are built or produced. See "President is Authorized, To require furnish- ing of materials. " Patents for air craft. See "Patents for Air Craft." Patents of inhabitants of the United States. See "Patents." Persons exempt from in matter of "Necessaries" and "Seeds. " jSee "Necessaries" and "Seeds." Plants for production of Necessaries. See "President is Authorized, To requisition and take over plants. " Ships or charters. See "President is Authorized, To purchase, requi- sition, and take over; " "Ships or materials. " See "President is Authorized, To requisition and take over plants. " Ships or war materials. See "President is Authorized, To requisition and take over plants." See "President is Authorized, To requisition. " [OF USE] Lands. See "Lands," "President is Authorized, To take over land," and "Secretary of War is authorized, To take immediate possession. " Plants for the manufacture of arms or ammunition or parts of ammunition or any necessary supplies connected therewith. &ee "Heads op Departments" and "President is Authorized, To take possession of plants and to manufacture therein. " Plants for the manufacture of ships or materials. See "President is Authorized, To requisition and take over plants. " * INDEX. 1131 REQUISITION— Continued [OF USE]— Continued Plants for the manufactxu'e of ships or war materials. See "President is AtrTHOHizBD, To take possession of plants and to manufacture therein. " Plants for the production of necessaries. See "Pebsidbnt is Atjthohized, To requisition and take over plants. " Plants for the production of coal or coke. See "President is A'uthorized, To requisition and take over plants. " Ships, charters, and materials. See "President IS Authorized, To purchase, requisi- tion, and take over.'' Storage facihtieB for foods, feeds, fuels, or other supplies. See "President is Authorized, To requisition." Transportation system or systems or parts thereof. See "Transportation System or Systems" and "President is Authorized, To- take possession and assume control." RETAILER Defined. [Pood Control Act, 40 Stats. 278] 53 Section 5. Food Control Act, does not apply to [40 Stats. 278]. . 53 RETURNS Clearing houses and associations may be required to make. See "President is Authorized, To require records kept." REVOLUTIONARY WAR Impressment during. See "Impressment." REVOLVING FUND See "President is Authorized, To use as a revolving fund." RULES For governing operators, dealers, and consumers in coal and coke, issued in President's discretion. For regulation, production, sale, shipment, distribution, appor- tionment or storage, coal and coke. See "President is Authorized, To establish rules. " RULES AND REGULATIONS See "President is Authorized," "Secretary of Agricul- ture is Authorized," "Secretary of Treasury is Authorized," "Secretary of War is Authorized," "Secretary of Interior is Authorized," "Interstate Commerce Commission, " "Director of Bureau op Mines" and see Mem. p SALE Of necessaries. See "President is Authorized, To prescribe rules and regulations." SALE, DISPOSITION, DELIVERY Of wheat, to whom. See "President is Authorized, To sell, dispose of." 1132 INDEX. SECRETARY OF AGRICULTUKE IS AUTHORIZED To admit cattle for slaughter. "To permit the admission for immediate slaughter at ports of entry of tick-infested cattle 'which are other- wise free from disease and which have not been exposed to the infection of any other disease within sixty days next before their exportation from Mexico, South and Central America, the Islands of the Gulf of Mejdco and the Caribbean Sea into those parts of the ITuited States below the southern cattle quarantine line at such ports of entry as may be designated by said joint regulations and also subject to the provisions of sections seven, eight, nine, and ten of said Act of August thirtieth, eighteen hundred and ninety;" such admission is to be within the discretion of the Secretary of Agriculture and under such joint regulations as may be prescribed by the Secre- tary of Agriculture and the Secretary of the Treasury. Said cattle are not to be admitted from countries in which the foot-and-mouth disease exists, and when admitted they are to be slaughtered in accordance with the provisions of specified statutes. [Section 9, Agricul- tural Act, 40 Stats. 275] 48 "To cooperate with such state and local officials, and with such public and private agencies, or persons, as he finds neces- sary, to carry out the provisions of this Act." "To make such rules and regulations as are necessary effec- tively to carry out the preceding sections of this Act. ' ' [Sec. 4, Agricultural Act, 40 Stats. 274] 46 To purchase and supply seeds. "To purchase, or contract with persons to grow such seeds [suitable for the production of food or feed crops], to _ store them, and to furnish them to farmers for cash, at cost including the expense of packing and transportation." [Sec. 3, Agricultural Act, 40 Stats. 274] , 46 To supervise, direct, and carry into effect provisions of Food Control Act, and the powers and authority thereby given to the President as far as same apply to ammonia industry. [Presidential Proclamation, No. 1421] 159 "With the approval of the President," ' ' To investigate and ascertain'the demand for, the supply, consumption, costs, and prices of, and the basic facts relating to the ownership, production, transportation, manufacture, storage, and distribution of, foods, food materials, feeds,, seeds, fertilizers, agricultural implements and machinery, and any article required in connection with the production, distribution, or utilization of food." Every person and agent acting imder the instructions of the Secretary of Agriculture must answer correctly, under oath, to the best of their knowledge, "all ques- tions touching his knowledge of any matter authorized to be investigated under this section, or to produce all books, letters, papers, or documents in his possession, or under his control, relating to such matter" under penalty of fine and imprisonment for failure so to do. [Sec. 2, Agricultural Act, 40 Stats. 273] 45 INDEX. 1133 SECRETARY OF COMMERCE Authorized by President to grant licenses for and to administer orders and regulations prescribed regarding exports under Title VII of the Espionage Act. [Presidential Proclama- tion, No. 1385] 130 Authorized to administer all instructions issued by the Presi- dent under Title VII of the Espionage Act, and of the procla- mations thereunder. [Executive Order, No. 2645] 170 Powers and duties of, in enforcement of the Trading with the Enemy Act. [Executive Order, No . 2729-A] 185 Review by, of refusal to clear vessels. [40 Stats. 225] 30 SECRETARY OF THE INTERIOR IS AUTHORIZED To approve rules and regulations issued by the Director of the Bureau of Mines for carrying into effect the Explosives Act. [Explosives Act, 40 Stats. 388] 92 See "Clearance of Vessels." SECRETARY OF STATE Powers and duties of, in enforcement of the Trading with the Enemy Act. [Executive Order, No. 2729-A] 185 SECRETARY OF THE NAVY IS AUTHORIZED To acquire lands. To acquire by purchase or condemnation certain lands de- scribed in Act. [Air Station Act, 40 Stats. 344] 83 To appoint Board of Survey [subject to the approval of the President] whose duty it shall be to ascertain the actual value of the German and other vessels taken over under the authority of the "German Boat Resolution " and to preserve the re- port of such board. [German Boat Resolution, 40 Stats. 75] 19 To appoint, subject to approval by the President, a board of sur- vey to ascertain the actual value of any vessel, its equipment, appurtenances, and all property contained therein, seized under the authority of the German Boat Resolution. [40 Stats. 75] 19 See "President is Authorized, To take immediate pos- session and title." To condemn patents for air craft. See "Patents pok Air Craft." [By the President] To exercise designated powers. To exercise, personally or by delegation, certain designated powers conferred on the President by the Naval Emer- gency Fund Act and the Emergency Shipping Fund Act. [Executive Order, No. 2687] 176 To exact guarantees. The Secretary of the Navy is empowered to exact guaran- tees for the maintenance of an electric railway running through certain described land. [Air Station Act, 40 Stats. 344] 83 SECRETARY OF THE TREASURY Powers and duties of, as to foreign insurance companies under the Trading with the Enemy Act. [Executive Order, No. 2770] 190 Powers and duties of, in enforcement of Trading with the Enemy Act. [Executive Order, No. 2729-A] 182 1134 INDEX. SECRETARY OF THE TREASURY IS AUTHORIZED To aflsign duties. Authorized by the President to assign duties under Sections 15 and 16 of the Food Control Act to the Commissioner of Internal Revenue, the Internal Revenue Officers of the United States, and the Division of Customs, and to em- ploy such additional assistants as he may deem necessary therefor." [Executive Order, No 2694-A] 177 To grant licenses. Authorized by President to grant licenses and enforce reg- ulations, orders, limitations, and exceptions prescribed for export of coin, bullion, and currency, under Title VII of Espionage Act. [Presidential Proclamation No. 1392] 135 To "inspect such vessel at any time, [and] place guards there- on." [Espionage Act. Title 2, Sec. 1, 40 Stats. 220] 26 To make regulations. To make, jointly with the Secretary of Agriculture, r^fu- lations governing the admission into the United States of tick infested cattle. [Agricultural Act, 40 Stats. 275]. 48 To make with approval of President, "rules and regulations gov- erning the anchorage and movements of any vessel, foreign or domestic, in the territorial waters of the United States." [Espionage Act. Title 2, Sec. 1, 40 Stats. 220] 26 Authorized by President to make rules and regulations governing anchorage and movement of vessels in ports of the United States. [Presidential Proclamation, No. 1413] 150 To receive funds. "The alien property custodian may deposit with such designated depositary or depositaries, or with the Secre- tary of the Treasury, any stocks, bonds, notes, time drafts, time bills of exchange, or other securities, or profits (except money or checks or drafts payable on demand, which are required to be deposited with the Secretary of the Treasury), and such depositary or depositaries shall be authorized and empowered to col- lect any dividends or interest or income that may become due and any maturing obligations held for the account of such custodian. Any moneys collected on said account shall be paid and deposited forthwith by said depository or by the Alien Property Custodian into the Treasury of the United States as hereinbefore pro- vided." "That all moneys [including checks and drafts payable on demand] paid to or received by the alien property cus- todian pursuant to this Act shall be deposited forthwith in the Treasury of the United States, and may be in- vested and reinvested by the Secretary of the Treasury in United States bonds or United States certificates of indebtedness, under such rules and regulations as the President shall prescribe for such deposit, investment, and sale of securities; and as soon after the end of the war as the President shall deem practicable, such secur- ities shall be sold and the proceeds deposited in the Treasury." INDEX. 1135 SECRETARY OF THE TREASURY IS AUTHORIZED— Continued To receive funds — Continued " The alien property custodian shall forthwith deposit in the Treasury of the United States, as hereinbefore provided, the proceeds of any such property or rights so sold by him." [Section 12, Trading with the Enemy Act, 40 Stats. 423] 119 To "take, by and with the consent of the President, * * * full possession and control of such vessel and remove there- from the officers and crew thereof and all other persons not specially authorized by him to go or remain on board there- of," if in his opinion such a course is necessary "to secure such vessels from damage or injury, or to prevent damage or injury to any harbor or waters of the United States, or to se- cure the observance of the rights and obligations of the United States." Such regulation, inspection, and taking is authorized "whenever the President by proclamation or Executive order declares a national emergency to exist by reason of actual or threatened war, insurrection, or invasion, or disturbance or threatened disturbance of the inter- national relations of the United States." [Espionage Act, 40 Stats. 220] 26 SECRETARY OF WAR. The President acts through in taking possession of transporta- tion systems. See "Transpoktation System or Systems. " SECRETARY OP WAR IS AUTHORIZED To accept donations of any such lands as below described. [Land Condemnation Act, 40 Stets. 241] 36 To acquire. By purchase, condemnation, or otherwise, for the United States of America, such land as may be necessary for aviation purposes. [Council of National Defense Act, 39 Stats. 622] 7 To require hy condemnation. Land for temporary use thereof or other interest therein or right pertaining thereto needed for the site, location, con- struction, or prosecution of works for fortifications, coast defenses, and military training camps; to accept do- nation of such lands; and during the ' 'existing emer- gency " to take possession of such lands or interests there- in immediately upon filing a petition for the condemna- tion thereof. [Land Condemnation Act, 40 Stats. 241] 35 To condemn patents for air craft See ' 'Patents for Air Craft. " To determine price. T6 determine ' 'a reasonable price " for ' 'arms, ammunition or parts of ammunition, or other supplies or equipment" ordered by him for the Army. [National Defense Act, 39 Stats.213] 2 1136 INDEX. SECRETARY OF WAR IS AUTHORIZED— Continued To place compulsory orders. To place compulsory orders specifying ' 'the kind, quantity, or quality of arms or ammunition, or the parts thereof, or any necessary supplies or equipment" for the Army. [National Defense Act, 39 Stats. 213] , 1 To take immediate possession of any such lands or interests therein in time of war or the imminence thereof upon the filing of the petition for condenmation. [Land Condemnation Act, 40 Stat. 241] 36 To take possession of lands for proving grounds. To take possession of prescribed lands for proving grounds. [Presidential Proclamation, No. 1418] 153 To prescribe rules and regulations regarding navigable waters. "In the interest of the national defense," "to prescribe such regulations as he may deem best for the use and navigation of any portion or areas of the navigable waters of the United States or waters under the jiuisdiction of the United States endangered or likely to be endangered " by target practice, or otherwise, proving operations, etc., or the transportation of explosives. [River and Harbor Act, Sections, 40Stats. 266] 42 SEEDS. See "Sbcretart of Agriculture is Authorized." No person, firm, corporation, or association can be required to furnish to the Government any seed necessary for the seeding of land owned, leased, or cultivated by them. [Food Control Act, 40 Stats. 279] 62 SEIZURE. Of arms and other articles destined for illegal export. See "Arms and Other Articles Intended for Export." SHIPPING BOARD— POWER OVER DISPOSITION OF VESSELS. When United States at war, or during a national emergency, no American vessel sold, leased, or chartered to persons not citizens without consent of Board. [Shipping Board Act, 39 Stats. 731] 12 SHIPS AND WAR MATERIAL. ["The word 'ship' shall include any boat, vessel, submarine, or any form of aircraft, and the parts thereof. The words 'war material' shall include arms, armament, ammunition, stores, supplies, and equipment for ships and airplanes, and everything required for or in connection with the production thereof."] The President is authorized A. To place compulsory orders tor ships and war material, within limits of appropriation therefor, for the neces- sities of the Government, to be determined by the President, of the nature, kind, and quantity usually produced or capable of being produced by such per- son 15 INDEX. 1137 SHIPS AND WAR MATERIAL— Continued The President is authorized — Continued B. To take immediate possession ot any factory * * * or any part thereof without taking possession of the entire factory, and to use the same at such times and in such manner as the President may consider neces- sary or expedient, within the limits of the amounts appropriated. [a] Where the party fails or refuses to produce "ships or war material," as directed by the President: [6] Where the party refuses to ' 'modify or cancel' ' an existing contract for the building, production, or purchase of ' ' ships or war material' ' 16 C. To modify or cancel any existing contract for the build- ing, production, or purchase of "ships or war mate- rial," within the limits of the amounts appropriated therefor 16 D . "To require the owner or occupier of any factory in which ships or war material are built or produced to place at the disposal of the United States the whole or any part of the output ot such factory, and, within the limit of the amounts appropriated therefor, to deliver such output or parts thereof in such quantities and at such times as may be specified in the order at such reasonable price as shall be determined by the President. " 16 E. "To requisition and take over for use or operation by the Government any factory, or any part thereof without taking possession of the entire factory, whether the United States has or has not any contract or agreement with the owner or occupier of such factory." 16 These powers are to be exercised "in time of war, or of national emergency arising prior to March first, nine- teen hundred and eighteen," the war or emergency to be determined by the President by proclamation. For any of the above acts the Government shall make "just compensation" * * * "to be determined by the President. ' ' If the party affected be dissatis- fied, he shall be paid fifty per centum of the amount so determined by the President, and will sue the United States to recover the balance either in the Court of Claims or in the District Court. [Naval Emergency Fund Act, 39 Stats. 1193]. 17 SHIPS AND MATERIALS Kinds for which order may be placed. See " President is Authorized, To place a (compulsory) order." Requisition of plants for production of. See "President is Authorized, To requisition and take over plants." 37639°— 18 72 1138 INDEX. SHIPS OR CHARTERS Purchase or requisition of those fully, partly, or hereafter con- structed 62 See " President is Authorized, To purchase, requisition, or take over." Purchase, requisition, or take over title. See " President is Authorized, To purchase, requisition, or take over." SHIPS OR MATERIALS [" The word ' ship' shall include any boat, vessel, or submarine and the parts thereof. "The word ' material' shall include stores, supplies, and equip- ment for ships, and everything required for or in connection with the production thereof. "The word 'plant' shall include any factory, workshop, ware- house, engine works; buildings used for manufacture, assem- bling, construction, or any process; any shipyard or dock- yard and discharging terminal or other facilities connected therewith."] The President is authorized. A. To place an order with any person for such ships or material as the necessities of the Government, to be determined by the President, may require during the period of the war and which are of the nat\ire, kind, and quantity usually produced or capable of being produced by such person 22 B. To modify, suspend, cancel, or requisition any existing or future contracts for the building, production, or purchase of ships or material 22 C To require the owner or occupier of any plant in which ships or materials are built or produced to place at the disposal of the United States the whole or any part of the output of such plant, to deliver such output or part thereof in such quantities and at such times as may be specified in the order 22 D. To requisition and take over for use or operation by the United States any plant, or any part thereof with- out taking possession of the entire plant, whether the United States has or has not any contract or agree- ment with the owner or occupier of such plant 22 E. To purchase, requisition, or take over the title to, or the possession of, for use or operation by the United States, any ship now constructed or in the process of construction or hereafter constructed, or any part thereof, or charter of such ship 22 Compliance with all such orders is obligatory and they have preference over all other orders placed with such person. A "reasonable price", to be determined by the President, shall be paid in such cases, under the penalty that on failure or refusal to comply with such orders, the President may take immediate possession of the ship, charter, or plant ordered and "may use the same at such times and in such manner as he may consider necessary pr expedient", , ,,,,.,..,---.,. ,....,,,.....,,,, g3 INDEX. 1139 SHIPS OR MATERIAL— Continued The President is authorized^Continued If such ships or material, charter or plant, are so taken "just compensation," which shall be determined by the President, is to be paid therefor. Should the parties be dissatisfied they shall be paid seventy-five per centum of the amount so determined and may sue for the balance either in the Court of Claims or in the Dis- trict Court. The statute states that "the President is hereby authorized and empowered, within the limits of the amounts herein authorized." A later provision of the statute states "the President may exercise the power and authority hereby vested in him, and expend the money herein and hereafter appropriated through such agency or agencies as he shall determine from time to time." The statute also provides that "all ships constructed, ptrrchased, or requisitioned under authority herein, or heretofore or hereafter acquired by the United States, shall be managed, operated, and disposed of as the President may direct." "All authority granted to the President herein, or by him delegated, shall cease six months after a final treaty of peace is proclaimed between this Government and the German Empire." [Emergency Shipping Fund Act, 40 Stats. 182.] Factory owner may be required to place output at disposal of 23 Government. See "Pkesidbnt is Authorized, To require furnishing of materials." Factory owner required to deliver at such times and in such amounts as Government directs. See "President is Authorized, To require furnishing of materials. " For necessities of Government. See "President is Authorized, To place a (compulsory) order." SHIPS OR WAR MATERIAL Factory owner may be required to place output at disposal of Government. See "President is Authorized, To require furnishing of materials." For necessities of Government. See "President is Au'thorized, To place a (compulsory) order." Taking possession of plants and operation thereof, for produc- tion of. See "President is Authorized, To take possession of plants and to manufacture therein. ' ' SILVER See "Coin." STANDARDS Of wheat, prices paid for. See "President is Authorized, To establish and pro- mulgate regulations, " 1140 INDEX. STATE OFFICERS Use of by Federal authorities. See "DiBBCTOR op Bureau or Mines." STATUTE OF LIMITATIONS Suspension of during war. [Section 8 (c), Trading with the Enemy Act, 40 Stats. 419] 113 STOCK Owned by enemy or ally of enemy. See "President is Authorized, To require lists." [Section 7 (a) , Trading with the Enemy Act, 40 Stats. 416] . 103 STOCK EXCHANGES The President is authorized "To prescribe such regulations governing, or may either wholly or partly prohibit, operations, practices, and transactions at, on, in, or under the riiles of any ex- change, board of trade, or similar institution or place of business as he may find essential in order to prevent, correct, or remove such evil practices" defined to be "imdue enhancement, depression, or fluctuation of prices of, or in order to prevent injurious speculation in, or in order to prevent unjust market manipulation or unfair and misleading market quotations of the prices of necessaries " : 67 To require all persons coming within the scope of the regu- lations "to keep such records and statements of account, and may require such persons to make such returns, veri- fied under oath or otherwise, as will fully and correctly disclose all transactions at, in, or on, or under the rules of any such exchange, board of trade, or similar institu- tion or place of business, including the making, execu- tion, settlement, and fulfillment thereof." To "reqmre all persons acting in the capacity of a clearing house, clearing association, or similar institution, for the purpose of clearing, settling, or adjusting transactions at, in, or on, or under the rules of any such exchange, board of trade, or similar institution or place of business, to keep such records and to make such returns as will fully and correctly disclose all facts in their possession relating to such transactions " 68 To "appoint agents to conduct the investigations neces- sary to enforce the provisions of this section and all rules and regulations made by him in pursuance thereof, and may fix and pay the compensation of such agents." [Section 13, Food Control Act, 40 Stets. 280] 68 STOCKHOLDERS, OFFICERS, DIRECTORS See "Officers, Directors, Stockholders" [and Section 7 (a), Trading with the Enemy Act, 40 Stats. 416] 103 STORAGE See "President is Authorized, To cancel licenses;" and "To Requisition." STORAGE CHARGE Determination of, just, reasonable, nondiscriminatory, and fair. See "President is Authorized, To find storage and other charges." Unjust, unreasonable, discriminatory, and unfair. See "President is Authorized, To cancel Hcenses." INDEX. 1141 STORAGE FACILITIES For necessaries See "President is Authorized, To requisition." STORAGE MAN Charges, commissions, profits, or practices of. See "President is Authorized, To find storage and other charges." STORAGE, MINING, DISTRIBUTION, IMPORTATION OR MANUFACTURE Of food materiak. See "Secretary op Agriculture is Authorized." Of necessaries. See "President is Authorized, To license." STORER Of necessaries, licensee must follow required system of accoimts and audits and submit same to inspection. See "President is Authorized, To prescribe systems of account and auditing." STORING, HOLDING, TRANSPORTING Of wheat. See "President is Authorized, To hold, transport, or store." SUCH PRODUCT OR MATERIAL AS MAY BE REQUIRED The President is authorized through the head of any Department of the Government — A. To place an order with anyindividual, firm, association, company, corporation, or organized manufacturing industry for such product or material as may be required, and which is of the nature and kind usually produced or capable of being produced by such indi- vidual, firm, company, association, corporation, or organized manufacturing industry I Comphance with such orders is obUgatory under two penalties — [a] That any party named in the act who fails to comply with these orders is to be deemed guilty of a felony and upon conviction pun- ished by a fine and imprisonment; or [6] That any plant equipped for, or which in the opinion of the Secretary of War is capable of being readily transformed into a place for the manufacture of arms or ammunition or parts of ammunition, or any necessary sup- pUes or equipment for the army owned by any party named in the Act may be taken possession of by the President through the head of any department of the Government and operated through the Ordnance De- partment of the United States Army to manufacture such product or material as may be required. 1142 INDEX. SUCH PRODUCT OR MATERIAL AS MAY BE RE- QUIRED— Continued The President is authorized through the head of any Depart- ment of the Government — Continued B. To take immediate possession through the head of any department of any plant equipped for or capable of being readily transformed into a plant for the manu- facture of arms, ammunition, or parts of ammunition, or any necessary supplies or equipment for the army and to manufacture therein through the Ordnance Department of the United States Army such products or materials as may be required. Such possession to be taken where the owner or operator refuses to give preference to Government orders or to manu- facture or to furnish arms, ammunition, or parts of ammunition or other supplies or equipment at a rea- sonable price as determined by the Secretary of War This statute and the powers therein given are operative "in time of war or when war is imminent." [Section 120, National Defense Act, 39 Stats. 213] 1-2 SUGAR Licenses for importers, manufacturers, and refiners of, provided for under Food Control Act. [Presidential Proclamation, No. 1393] 137 SUITS AT LAW OR EQUITY Nothing in the Trading with t]je Enemy Act to be considered as authorizing by unlicensed enemy or ally of enemy. [Sec- tion 7 (b). Trading with the Enemy Act. 40 Stats. 417] 106 SUPPLIES See "President is Authorized, To requisition." SUPPLIES, MILITARY AND HOSPITAL Manufacturing of, distilled spirits for, See "President is Authorized, To commandeer." SURVEYORS See "Collectors, Naval Officers," etc. TARIFF DUTY On wheat, determination of. See "President is Authorized, To determine tariff duty. " On wheat, not to be fixed at less than existing tariff. See "President is Authorized, To determine tariff duty." TERMINAL FACILITIES See "Transportation System or Systems." TERRITORIAL OFFICERS Use of, by Federal authorities. See "Director of Bureau of Mines." "TO TRADE" Defined. [Trading with the Enemy Act, 40 Stats. 412] 96 TRADING WITH THE ENEMY See "President is Authorized, To license." iNDEX. il43 TRAFFIC Exclusion of, from transportation over railroads, etc. See "President is Authokizbd, To take possession and assume control," and "Thansportation System or Systems." TRANSFER OF PROPERTY Of property belonging to enemy or ally of enemy, effect thereof, upon custodian, etc. [Section 7 (e), Trading with the Enemy Act, 40 Stats. 418] 109 Of property belonging to enemy or ally of enemy, no rights acquired. [Section 7 (b). Trading with the Enemy Act, 40 Stats. 417]. 104 To Alien Property Custodian. [40 Stats. 418.] 107 TRANSPORTATION, ETC. Of food materials. See "Secretary op Agriculture is Authorized." TRANSPORTATION SYSTEM OR SYSTEMS "The President, in time of war, is empowered, through the Secretary of War, to take possession and assume control of any system or systems of transportation, or any part thereof, and to utUize the same, to the exclusion as far as may be necessary of all other traffic thereon, for the transfer or trans- portation of troops, war material and equipment, or for such other purposes connected with the emergency as may be needful or desirable." [Council of National Defense Act, 39 Stats. 645] 8 "The [Interstate Commerce] Commission shall, after hearing, on a complaint or upon its own initiative without complaint, establish reasonable rules, regulations, and practices with re- spect to car service, including the classification of cars, com- pensation to be paid for the use of any car not owned by any such common carrier and the penalties or other sanctions for nonobservance of such rules." "Whenever the commission shall be of opinion that necessity exists for immediate action with respect to the supply or use of cars for transportation of property, the commission shall have, and it is hereby given, authority, either upon com- plaint or upon its own initiative without complaint, at once, if it so orders, without answer or other formal pleading by the interested carrier or carriers, and with or without notice, hearing, or the making or filing of a report, according as the commission may determine, to suspend the operation of any or all rules, regulations, or practices then established with respect to car service for such time as may be determined by the commission, and also authority to make such just and reasonable directions with respect to car service during such time as in its opinion will best promote car service in the interest of the public and the commerce of the people." "The directions of the commission as to car service may be made through and by such agents or agencies as the com- mission shall designate and appoint for that purpose." [Car Service Act, 40 Stats. 101] 20 1144 INDEX. TRANSPORTATION SYSTEM OR SYSTEMS— Continued. "That during the continuance of the war in which the United States is now engaged the President is authorized, if he finds it necessary for the national defense and security, to direct that such traffic or such shipments of commodities as, in his judgment, may be essential to the national defense and security shall have preference or priority in transportation by anycommon carrier byrailroad, water, orotherwise. He may give these directions at and for such times as he may deter- mine, and may modify, change, suspend, or annul them, and for any such purpose he is hereby authorized to issue orders , direct, or through such person or persons as he may designate for the purpose or through the Interstate Commerce Commis- sion. Officials of the United States, when so designated, shall receive no compensation for their services rendered here- under. Persons not in the employ of the United States so designated shall receive such compensation as the President may fix. Suitable offices may be rented and all necessary expenses, including compensation of persons so designated, shall be paid as directed by the President out of funds which may have been or may be provided to meet expenditures for the national seciirity and defense. * * * And it shall be the duty of any and all the officers, agents, or employees of such carriers by railroad or water or otherwise to obey strictly and conform promptly to such orders, and failure knowingly and wilfully to comply therewith, or to do or perform whatever is necessary to the prompt execution of such order, shall render such officers, agents, or employees guilty of a mis- demeanor, and any such officer, agent, or employee shall, upon conviction, be fined not more than $5,000, or imprisoned not more than one year, or both, in the discretion of the court. For the transportation of persons or property in carrying out the orders and directions of the President, just and reasonable rates shall be fixed by the Interstate Commerce Commission; and if the transportation be for the Government of the United States, it shall be paid for currently or monthly by the Secre- tary of the Treasury out of any funds not otherwise appro- priated. Any carrier complying with any such order or direction for preference or priority herein authorized shall be exempt from any and all provisions in existing law imposing civil or criminal pains, penalties, obligations, or liabilities upon carriers by reason of giving preference or priority in compliance with such order or direction." [Priority Ship- ment Act, 40 Stats. 272] 43 See "Vessel." In time of war or threatened war, "Preference and precedence shall, upon demand of the President of the United States, be given over all other traffic for the transportation of troops and material of war, and carriers shall adopt every means within their control to facilitate and expedite the military traffic." [Naval Appropriation Act, 39 Stats. 604] 6 Possession and control of rail and water transportation assumed. [Presidential Proclamation, No. 1419] 155 INDEX. 1145 TRANSPORTING, STORING, HOLDING Of wheat. See "President is Authorized, To hold, transport, or store." TREASURER OP THE UNITED STATES Delivery to of money or property by written order of Alien Property Custodian. [Section 12, Trading with the Enemy Act, 40 Stats. 423-424] 121 Must upon order of President or of a court pay over money or deliver property to claimant. [Sections 9 and 12, Trading with the Enemy Act, 40 Stats. 419, 424] 113 Repays money to certain licensees upon order of alien property custodian. [Section 12, Trading with the Enemy Act, 40 Stats. 424] 121 TREASURY DEPARTMENT Authorized to supervise, direct and carry into effect the provisions of Sections 15 and 16 of the Food Control Act. [Executive Order, No. 2694-A] 177 TROOPS AND MATERIALS OF WAR Transportation of. See "Transportation System or Systems." TRUSTEE PROCESS See "Lien, Attachment," etc. UNITED STATES Defined. [Trading with the Enemy Act, 40 Stats. 412] 95 May be sued for patents withheld because deemed detrimental to public safety or defense. [Section 10 (i). Trading with the Enemy Act, 40 Stats. 422] 118 UNITED STATES ATTORNEY Must initiate and prosecute an action for violation of provisions of Food Control Act upon presentation to him of satisfactory evidence to sustain same. [Pood Control Act, 40 Stats. 278-279] 57 UNITED STATES FOOD ADMINISTRATION Authorized to grant licenses to operators of cold storage plants [defined in Proclamation], elevators, warehouses, or other storage places for .articles named, and importers, manu- facturers, or distributors of articles named. [Presidential Proclamation, No. 1396] 139 Authorized to license all persons, fijms, corporations and asso- ciations engaging in baking business. [Presidential Procla- mation, No. 1406] 143 Order vesting powers in administration of Pood Control Act modified. [Executive Order, No. 2694-A] 177 UNITED STATES FOOD ADMINISTRATOR Authorized to grant licenses for arsenic industry. [Presidential Proclamation, No. 1407] 145 Authorized to grant licenses for importing, manufacturing, and refining sugar, under Food Control Act. [Presidential Proclamation, No. 1393] 137 1146 mDEX. UNITED STATES POOD ADMINISTRATION— Continued Herbert Hoover authorized and directed, from time to time, to requisition any and all foods, and feeds, and storage facilities for the same, that said Herbert Hoover may deem are neces- sary for any public use connected with the common defense, other than the support of the Army and the maintenance of the Navy, and to ascertain and pay a just compensation there- for. [Executive Order, No. 2736] 187 Rules prescribed by President for finding what is a just, rea- sonable, and fair profit. [Executive Order, No. 2765] 190 UNITED STATES FUEL ADMINISTRATOR Harry A. Garfield designated and appointed United States Fuel Administrator, and authorized to exercise powers con- ferred on President by the Food Control Act so far as the same apply to fuel. [Executive Order, No. 2690] 177 UNITED STATES SHIPPING BOARD Authorized to exercise designated powers conferred on the President by the Emergency Shipping Fund Section of the "Emergency Shipping Fund Act." [Executive Order, No. 2666} 173 UNITED STATES SHIPPING BOARD, EMERGENCY FLEET CORPORATION Authorized to exercise designated powers conferred on the President by the Emergency Shipping Fund section of the "Emergency Shipping Fund Act." [Executive Order, No. 2666] 173 USE Of ships or charters for United States. See "President is Authorized, To purchase, requisition, or take over." VESSEL The President "upon giving to the person interested such rea- sonable notice in writing as in his judgment the circum- stances permit, may take possession, absolutely or tem- porarily, for any naval or military purpose, of any vessel purchased, leased, or chartered from the Board [Shipping. Board]: Provided, that if, in the judgment of the President, an emergency exists requiring such action he may take possession of any such vessel without notice." [Shipping Board Act, 39 Stats. 731] 13 VESSELS Anchorage and movements of, regulated by Secretary of Treas- ury. Anchorage of, rules governing in times of national emergency. See "Espionage Act" [40 Stats 220] 26 Clearance of, — when refused. [Section 14, Trading with the Enemy Act, 40 Stats. 424] 122 For any naval or military purpose. [Shipping Board Act, 39 Stats. 731] 13 Foreign and domestic, rules governing, in time of national emergency. [Espionage Act, 40 Stats. 220] 26 Forfeiture of, for violation of rules and regulations etc., of the Treasury. [Id.] Inspection of, under national emergency. [Id.] INDEX. 114Y VESSELS— Continued Manifest of, who makes and what must contain. [Section 13, Trading with the Enemy Act, 40 Stats. 424] 121 Movement of, rules governing, in time of national emergency. [Espionage Act, 40 Stats. 220] 26 Possession and control of, in times of national emergency. [Id.] 26 Punishment for permitting or assisting in, illegal use of vessel. [Id] Power to control disposition of vessels owned by American citi- zens. [Shipping Board Act, 39 Stats. 731] 13 Eefusal of clearance to, See "Clearance op Vessels." Requisition. See "President is Authorized, To take possession abso- lutely or temporarily." Under penalty of forfeiture, must in times of national emer- gency declared by the President either by Proclamation or Executive Order; obey the rules and regulations of the Sec- retary of the Treasury [approved by the President] as to anchorage and movements in territorial waters, or of the the Governor of the Panama Canal in its territory and waters, submit to inspection and the placing of guards thereon, and to the assxmiption of possession and control by the Secretary of the Treasury or the Governor of the Panama Canal respec- tively. [Espionage Act, 40 Stats. 220] 26 See "Secretary of Treasury is Authorized." "That the President be, and he is hereby, authorized to take over to the United States the immediate possession and title of any vessel within the jurisdiction thereof, including the Oanal Zone, and all territories and insular possessions of the United States except the American Virgin Islands, which at the time of coming into such jurisdiction was owned in whole or in part by any corporation, citizen, or subject of any nation with which the United States may be at war when such vessel shall be taken, or was flying the flag of or was under register of any such nation or any political subdivision or municipality thereof; and, through the United States Shipping Board, or any department or agency of the Govern- ment, to opeiate, lease, charter, and equip such vessel in any service of the United States, or in any commerce, foreign or coastwise." "That the Secretary of the Navy be, and he is hereby, au- thorized and directed to appoint, subject to the approval of the President, a board of survey, whose duty it shall be to ascertain the actual value of the vessel, its equipment, appur- tenances, and all property contained therein, at the time of its taking, and to make a written report of their findings to the Secretary of the Navy, who shall preserve such report with the records of his department. These findings shall be considered as competent evidence in all proceedings on any claim for compensation." [German Boat Resolution, 40 Stats. 75] 18 1148 INDEX. WAR Contracts for delivery of, after, abrogation of — at option of citi- zen or corporation party thereto. [Section 8 (b), Trading with the Enemy Act, 40 Stats. 419] 112 See "President, Excefhonal Powers of, Time when operative." WAR, BEGINNING OF Defined. [Trading with the Enemy Act, 40 Stats. 412] 96 WAR, END OF Defined. [Trading with the Enemy Act, 40 Stats. 412] 96 WAREHOUSES See "UNrTBD States Food Administration." WAR MATERIAL AND SHIPS Requisition of plants for production of. See " President is Authorized, To requisition and take over plants." Taking possession of plants and operation thereof, for produc- tion of. See "President is Authorized, To take possession of plants and to manufactviie therein." WARS OF 1812 AND 1847 Impressment during. See "Impressment." WAR TRADE BOARD Authorized to grant licenses for and to administer regulations, orders, limitations, and exceptions prescribed regarding ex- ports under Title VII Espionage Act. [Presidential Proc- lamation, No. 1410] 147 Organization, powers, and duties of. [Executive Order, No. 2729-A] 180 To grant licenses for imports, under such limitations and ex- ceptions as may be prescribed. [Presidential Proclamation, No. 1411] 148 WAR TRADE COUNCIL Organization and powers of. [Executive Order, Oct. 12, 1917, No. 2729-A] 181 WHEAT The President is authorized — " To determine and fix and to give public notice of what, under specified conditions, is a reasonable guaranteed price of wheat, in order to assure such producers a reasonable profit," such guaranteed price to be "for each of the official grain standards for wheat as established under the United States grain standards Act, approved August eleventh, nineteen hundred and sixteen." This authority is to be exercised " whenever the President shall find that an emergency exists requiring stimula- tion of the production of wheat and that it is essential that the producers of wheat, produced within the United States, shall have the benefits of the guaranty provided for in this section, * * * from time to time, sea- sonably and as far in advance of seeding time as prac- ticable" INDEX. 1149 WHEAT— Continued The PrcBident is authorized — Continued To "establish and promulgate such regulations as he shall deem wise in connection with such guaranteed prices and in particular governing conditions of delivery and pay- ment, and differences in price for the several standard grades in the principal primary markets of the United States, adopting number one northern spring or its equivalent at the principal interior primary markets as the basis. Thereupon, the Government of the United States hereby guarantees every producer of wheat pro- duced within the United States that, upon compliance by him with the regulations prescribed, he shall receive for any wheat produced in reliance upon this guarantee within the period, not exceeding eighteen mpnths, pre- scribed in the notice, a price not less than the guaranteed price therefor as fixed pursuant to this section. In such regulations the President shall prescribe the terms and conditions upon which any such producer shall be entitled to the benefits of such guaranty. The guar- anteed price for the several standard grades of wheat for the crop of nineteen hundred and eighteen, shall be based upon number one northern spring or its equivatent at not less than $2 per bushel at the principal interior primary markets. This guaranty shall not be dependent upon the action of the President under the first part of this section [that is the part providing that the President shall determine and fix and give public notice of a 'reasonable guaranteed price for wheat'] but, is hereby made absolute and shall be binding until May first, nineteen hundred and nineteen " 70 To fix and proclaim a rate of duty on wheat produced out- side of the United States imported into this country, which duty, "added to the then existing rate of duty on wheat and to the value of wheat at the time of importa- tion, would be sufficient to bring the price thereof at which imported up to the price fixed therefor pursuant to the foregoing provisions of this section." "To purchase any wheat for which a guaranted price shall be iixed under this section, and to hold, transport, or store it, or to sell, dispose of, and deliver the same to any citizen of the United States or to any Government engaged in war with any country with which the Gov- ernment of the United States is or may be at war or to use the same as supplies for any department or agency of the Government of the United States, " all this being for the "purpose of making any guaranteed price effec- tive under this section. " Such p\u:chase lies in the President's discretion. [Section 14, Pood Control Act, 40 Stats. 281] 69 Authority to fix guaranteed price. See "President is Authorized, To fix price." Authority to purchase. See "President is Authorized, To purchase." 1150 INDEX. WHEAT— Continued Conditions of payment and delivery. See "President is Authohizbd, To establish and pro- mulgate regulations." Determination of tariff difference on. See "Prbsidbnt is Authorized, To determine tariff duty." Establishment and promulgation of regulations concerning guaranteed prices. See "President is Authorized, To establish and pro- mulgate regulations." Guaranteed price for. See "President is Authorized, To purchase." Holding, transporting, or storing. See "President is Authorized, To hold, transport, or store." Meeting difference between prices in United States and else- where. See "President is Authorized, To determine tariff duty." Prices paid for different standards. See "President is Authorized, To establish and pro- mulgate regulations." Sale, disposition, and delivery of, to whom. See "President is Authorized, To sell, dispose of." Use of, for any department or agency of Government. See "President is Authorized, To use purchased arti- cles." WHEAT, FLOUR, MEAL, BEANS, POTATOES [Section 11, Food Control Act, 40 Stats. 279.] 63 The President is Authorized — "To purchase, to store, to provide storage facilities for, and to sell for cash at reasonable prices, wheat, flour, meal, beans, and potatoes." o LIST OF ACTS PASSED SINCE DECEMBER 1, 1917, AND HAVING TO DO WITH THE TAKING AND CONTROL OF PRIVATE PROPERTY FOR THE PUBLIC USE OR OTHERWISE. (1) Public No. 102, 65th Congress [S. .3389]. An act to authorize and empower the United States Shipping Board Emergency Fleet Corporation to purchase, lease, requisition, or other- wise acquire, and to sell or otherwise dispose of improved or unimproved land, houses, buildings, and for other purposes. Approved March 1, 1918. (2) Public No. 103, 65th Congress [H. R. 6361]. An act to extend protection to the civil rights of members of the Military and Naval Estabh^hments of the United States engaged in the present war. Approved March 8, 1918. This statute ■ contains provisions gra;nting general relief to members of the Military and Naval Establishments who may be in litigation in the courts, particular relief to such persons in the matter of rent, installment contracts, mortgages, in- surance, taxes, and public lands, and also provisions pre- scribing certain administrative remedies. (3) Public No. 107, 65th Congress [S. 3752]. An act "to provide for the operation of transportation systems while under' Federal control, for the just compensation of their owners, and for other purposes. Approved March 21, 1918. (4) Public iNo. 109, 65th Congress [H. R. 9867]. An act making appropriations to supply urgent deficiencies in appropria- tions for the fiscal year ending June thirtieth, nineteen hun- dred and eighteen, and prior fiscal years, on account of war expenses, and for other purposes. Approved March 28, 1918. This act bestows additional powers upon the alien property custodian with reference to the acquisition of certain docks and terminal facilities named, and amends section 12 of the trading with the enemy act. (5) Public No. 121, 65th Congress [S. 3714]. An act to provide further for the national security and defense, and, for the purpose of assisting in the prosecution of the war, to provide credits for industries and enterprises in the United States necessary or contributory to the prosecution of the war, and to supervise the issuance of securities, and for other purposes. Approved April 5, 1918. This act provides for the creation and operation of the War Finance Corporation and of the- Capital Issues Committee. (6) Public No. 127, 65th Congress [S. 3994]. An act to amend an act entitled "An act to authorize condemnation proceedings of lands for military purposes," approved July second, nine- teen hundred and seventeen, and for other purposes. Ap- proved April 11, 1918. The act as amended is made to include lands "for the con- struction and operation of plants for the production of nitrate and other compounds and the manufacture of explosives and other munitions of war and for tl^e development and trans- mission of power for the operation of such plants." 63360—18 (7) Public No. 138, 65th Congress [S. 3388]. An act to amend the emergency shipping fund provisions of the urgent deficiency appropriation act, approved June fifteenth, nineteen hundred and seventeen, so as to empower the President and his desig- nated agents to take over certain transportation systems for the transportation of shipyard and plant employees, and for other purposes. Approved April 22, 1918. (8) Pubhc No. 140, 65th Congress [H. R. 10783]. An act to author- ize the Secretary of the Navy to increase the facilities for the proof and test of ordnance material, and for other purposes. Approved April 26, 1918. This act relates to the acquisition of land. (9) Public No. 143, 65th Congress [H. R. 10613]. An act to provide for the collection and disposal of garbage and miscellaneous refuse of the District of Columbia. Approved May 6, 1918. (10) Pubhc No. 145, 65th Congress [S. 3803]. An act authorizing the President during the existing emergency to sell supplies, materials, equipment, or other property, heretofore or here- after purchased, acquired, or manufactured by the United States, in connection with, or incidental to, the prosecution of the war. Approved May 10, 1918. ai) Public No. 149, 65th Congress [H. R. 10265]. An act to author- ize the President to provide housing for war needs. Approved May 16, 1918. (12) Public No. 157, 65th Congress [S. 3935.]. An act to prohibit the sale, manufacture, and importation of intoxicating liquors in the Territory of Hawaii during the period of the war, except as hereinafter provided. Approved May 23, 1918. (13) PubUc Resolution No. 31, 65th Congress [S. J. Res. 152]. Joint resolution to prevent rent profiteering in the District of Columbia. Approved May 31, 1918. June 4, 1918. o I li iW I.'* !* !) " ** * ! ** * "*' '*''^'''''^*^"' ^^^■*^— ^^***^i » iiiTf Miiiini iriiirMTftHTBBHHWitTiinrirvniiTi muni nwii