you, or any other Person in your Behalf, and with your thereof. And a Certificate thereof shall be endorsed upon the Certificate Writ or Process, or annexed thereto, by the Authority granting the same; and every Writ or Process granted without such Certificate shall abate. Provided nevertheless, That if any Person who shall A Proviso. have been guilty of the Breach of this Act, against whom no Prosecution hath been instituted, will and do render an Account under Oath, before the County Court, or an Assistant or Justice of the Peace, of all that he shall have taken for any Labour done, or Commodity sold, over and above the stated Price, and pay double the Amount of such Surplus to said Authority, (the one Half or Moiety thereof to the Person or Party injured, and the other Half to be disposed of as hereafter in this Act is provided, for the Use herein after mentioned), and the same being certified on any Writ in Favor of such Person, the same shall be valid; any Thing before in this Act to the contrary notwithstanding. posed of. And all Sums of Money received for Fines or Forfeit- Fines how disures by Virtue of this Act, on Conviction or Confession before the County Court, shall belong to the County Treasury, in the same County; but if the Conviction. or Confession be before an Assistant or Justice of the Peace, the Forfeiture shall belong to the Treasury of the Town in which the Conviction or Confession is had; unless the same be recovered at the Suit of the common Informer; who, on prosecuting the same to Effect, shall be intituled to the whole Penalty. And whenever any Person shall be brought to Trial for the Breach of this Act, in receiving for Labour or Articles sold, more than the stated Price, such Person shall be deemed and adjudged guilty thereof, although the Complainant shall not be able to produce any other Proof than to render it probable, unless such Person Mode of Proof 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 empowered to administer. Duty of Informing Officers. Goods taken for public Use. A Proviso. Preamble No person to go to Long Island, mit. And all Informing Officers are hereby authorized and directed to make diligent Enquiry after, and give Information of all Breaches of this Act which shall come to their Knowledge. And 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. Provided nevertheless, That nothing in this Act shall extend to hinder or prevent bartering or exchanging between Neighbours, according to the Usages and Customs in the several Towns in this State in the Year 1774, for their own and Families Use and Consumption only. [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: Be it enacted by the Governor, Council and Representa&c. without Per- tives, in General Court assembled, 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, or 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 Delinquent 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 Penalty. before whom such Conviction is had, for a Term not exceeding one Year. Bond And be 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 given. of this State, in the Sum of Four Hundred Pounds, and lodge the same with such Authority, with Conditions, 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 or 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. to be And be 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 shall, 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 LongIsland, or any other Island or Place within the Enemy's to be libelled. 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 libelled, and proceeded with in the same Manner as in other Captures taken from the Enemy. And be it further enacted by the Authority aforesaid, haled up. That the Select-men of the several Towns in this State, Boats to be shall have full Power and Authority, by and with the 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 evil 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 Commodities within this State.. THE Honorable Continental Congress, having Resolved as follows, viz. "In Congress, June 4th, 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 Legistures 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 by the Governor, Council and Representatives, in General Court assembled, and by the Authority of the same, That the Act, entituled, "An Act for the Regulation of the Prices of Labour, Produce, Manufactures and Commodities within this State," be, and the same is hereby suspended, until the rising of this Assembly in October next. vived. [1778, p. 499] An Act for reviving two certain Acts of this Assembly, the one entituled, 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 repealed by this Assembly in December, Anno Domini, 1776. Two Acts re- Be it enacted by the Governor, Council, and Representatives in General Court assembled, and by the Authority of the same, That the before described Acts be revived, and the same are hereby revived, in all the Parts and paragraphs thereof, and shall be and continue in Force for the future.1 [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. to Provisions for the BE it Enacted by the Governor, Council, and Repre- Civil Authority sentatives in General Court assembled, and by the Authority for impressing of the same, That upon Application made by any pur- Army or Navy. 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 authorized and directed to issue a Warrant to the Sheriff 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 Provisions 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 Provisions shall preclude the Person from whom such Provisions two or three Freeare 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. R. C. 37639-1816 to be apprised by holders. |