manding officers. Persons exempt ing in enrolled militia. each such brigade regiment troop of horse or foot company respectively giving notice thereof in writing without delay, together with all things relating thereto as well to his commanding officer as to the governor or commander in chief for the time being. That all persons under the age of fifty five years, who have held civil from serv- or military bommissions and are not or shall not be reappointed to their respective proper ranks of office and all other persons between the ages of fifty and fifty five years who have not associated and elected their officers, and shall associate themselves in manner herein after mentioned, shall be exempted from serving as part of the enrolled militia and within eight weeks after the passing of this act form themselves into voluntary associated regiments or companies according to their number in each respective county and recommend their own officers; and that all such associated regiments or companies whether already associated or hereafter to associate shall make returns thereof respectively to the governor or commander in chief for the time being without delay after the said term of eight weeks, who with the advice of the council of appointment shall issue commissions to them accordingly. In default of which returns they shall respectively do duty in the ranks with the militia of the beat within which they shall respectively reside until they shall respectively associate as aforesaid. That the substance of such associations shall be, that the associators will severally on all occasions obey the orders of their respective commanding officers and will in cases of invasion or incursions of the enemy or insurrections march to repel the enemy or suppress such insurrection, in like manner as the enrolled militia are compelled to do: So as that they shall not when called out in detachments be annexed to any other regiment or company or be under the immediate command of any other than their own officers. Ibid. Ibid. Payment to be made for exemption. That the lieutenant-governor, members of the senate members of the assembly and their several clerks and all judicial officers, the secretary of this State, and two of his deputies, the treasurer, the auditor-general, and the attorney-general of this State, the commissioners for defeating conspiracies the clerks and registers of courts and the county clerks and sherifs and their respective deputies not exceeding one and the coroners not commissioned in the militia and all ministers of the Gospel and all physicians and surgeons except in their several and respective professions and callings and the actual occupant of every grist mill, and all ferrymen licensed by the governor or commander in chief for the time being shall notwithstanding their being respectively able bodied above sixteen and under sixty years of age and all such persons in the service or employ of the United States or of this State or engaged or employed in any manufacture or business so that it it would be for the good of the public that they should be exempted, who shall procure special exemptions from the commander in chief of the militia for the time being under his hand shall respectively be exempted from training and doing duty in the militia. But shall nevertheless be armed accoutred and provided as above mentioned. That all those male persons between the ages of sixteen and fifty five years who in judgment of law are or shall be of the people called Quakers shall be exempted from all personal military service whatsoever to which they would respectively be subject by this law were they not respectively of the people called Quakers. And for such exemption shall yearly and every year severally pay the sum of ten pounds in lieu of all military service whatsoever required by this law except services on detachments and calling out the militia for actual service by virtue of this law in which cases each of them shall annually pay the sum of ten pounds and war supervis and for the purpose of levying the said annual sums the captain of every beat shall annually return to the supervisors of the district wherein he shall reside a list of such Quakers as aforesaid residing within his beat. And the supervisors of the county at either of their meetings shall make Tax list out a separate tax list thereon with a warrant to be issued by them to be the collectors respectively for levying the same in the manner pre- issued by scribed by a certain law passed by the legislature of this State during ors. this session entitled An act for raising monies to be applied towards the public exigencies of this State" and the monies to be levied on such warrant shall be paid and disposed of in such manner and subject to such deductions as by the said law is directed with respect to the monies to be levied by the said law on personal estates within this State, and in default of goods and chattels of any Quaker so to be assessed as aforesaid the warrant for levying the same shall authorize the collector to commit him to the county gaol and the keeper of the said gaol is hereby required to keep him in safe and secure custody in the said gaol until he shall have paid the sums so assessed on him as aforesaid, to the said collector who is hereby required to dispose of the same in manner aforesaid. Provided always That this law or any thing in the same contained Proviso as shall not in cases of drafts or detachments of the militia affect any per- furnishto persons son who has furnished or shall furnish a sufficient able bodied man for ing substiservice in one of the five continental regiments of this State pursuant to law. That in all cases where notice is required by this act verbal notice to the party himself or left at his usual place of abode with a person of the years of discretion by any commissioned or non commissioned officer or corporal of the company, shall be deemed a legal and sufficient notice. tutes. repealed. And lastly That every article, clause, provision, matter or thing in any Inconsist law or resolution of the legislature, or any provincial congress, or con- ent acts vention or committee, or council of safety of this State for the regulation of the militia thereof which is repugnant to, or in any wise inconsistent with the provisions hereby made, or any or either of them, shall be and the same are hereby declared and enacted to be absolutely repealed and made null and void to all intents constructions and purposes whatsoever. And this act shall continue in force for the space of two years from the publication thereof and no longer. CHAP. 34. 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. PASSED the 3d April, 1778. WHEREAS the honorable the congress of the United States of Preamble. 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, Massachusetts-Bay, Rhode-Island and Providence Plantations Connecticut, NewYork, New-Jersey, Pennsylvania and Delaware respectively to appoint commissioners to convene at New-Haven in Connecticut on the fifteenth day of January then next in order to regulate and ascertain the price of Wages of farmers, etc. Ibid. teamsters. Prices of American manufactures. Hemp, European goods, etc. Woolen clothes, etc. 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 regulations as they should ratify and enabling such innholders 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, 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. And Whereas in pursuance of the said resolutions, commissioners in behalf of the several States of New-Hampshire, Massachusetts-Bay, Rhode-Island and Providence-Plantations, Connecticut, New-York, NewJersey and Pennsylvania did convene at New-Haven in Connecticut and after sundry adjournments did on the thirtieth day of the said. month of January, resolve and agree as follows, to wit. First, That the various kinds of labor of farmers, mechanics and others be set and affixed, 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. 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 hundred neat weight per mile including all expences attending the same. Thirdly, That all kinds of American manufactures, and internal produce not particularly mentioned and regulated by the said convention be estimated at rates not exceeding 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. Fourthly, That the price of hemp, flax, sheep's wool, all 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 centum per centum advance from the price they severally were at in the several parts of the States aforesaid in the year of our Lord one thousand seven hundred and seventy four. Fifthly, That the prices of all kinds of European goods wares and merchandizes imported from foreign parts or brought into the respective States by capture or otherwise shall not exceed the rate of one continental dollar for each shilling sterling of prime cost of the same respectively in Europe, exclusive of all other charges when sold by the importer or captor, excepting only the following articles, viz. kinds of woolen and linnen goods and checks suitable for the army, drugs and medicines, duck of all 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. All Sixthly, That all woolen clothes, blankets, linnen, 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 estimated 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 the first port Rum, of delivery or place of manufacture within the respective States shall sugar, etc. not exceed the rates to them affixed respectively viz. Good WestIndia rum three dollars per gallon by wholesale, good merchantable New-England rum two dollars per gallon, by wholesale, best Muscovado sugar, thirty three dollars and one third of a dollar per hundred, gross weight and all other sugars in usual proportion according to quality; 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 gallon. Good merchantable brandy two dollars per gallon. Good merchantable whisky, one dollar and one sixth of a dollar per gallon. All other distilled spirits, not therein enumerated, not to exceed two dollars per gallon. limited to advance. Eighthly. That no trader, retailer or vendor of foreign goods wares Traders or merchandizes shall be allowed more than at the rate of twenty-five twenty-five per cent. advance upon the price such goods wares and merchandizes per cent are or shall be sold for by the importer or captor agreeable to the regulations 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 transporting twenty hundred neat weight from the first port of delivery to the place where the same shall be sold and delivered by retail. per cent Ninthly. That innholders be not allowed more than fifty per centum Innholdadvance on the wholesale prices of all liquors or other foreign articles ers to fifty therein stated and by them sold in small quantities allowing as aforesaid advance. for charges of transportation, and for all 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 thousand seven hundred and seventy four. ated arti Tenthly. That the following enumerated articles shall not be sold at Enumerhigher prices within the respective States than are set down and affixed cles not to to such articles respectively with the addition only for the stated allow-be sold at ance for land carriage if any there shall be; the said sums being esti- price than mated at six shillings lawful money per dollar. higher herein fixed. beans, etc. 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. Good merchantable wheat, pease and white beans, thirteen shillings Wheat, per bushel. Good merchantable wheat flour one pound sixteen shil- pease, lings per hundred gross weight. Good merchantable rye or rye meal flour, pork, eight shillings and eight pence per bushel. Good merchantable Indian corn or Indian meal six shillings per bushel. Pork, well fatted, and weighing from one hundred to one hundred and fifty pounds per hog, seven pence one farthing per pound. Pork, well fatted and weighing from one hundred and fifty to two hundred pounds per hog, eight pence per pound. Pork, well fatted and weighing more than two hundred pounds per hog, eight pence three farthings per pound. American cheese of the best quality one shilling per pound. Merchantable oats, four shillings per bushel. Best grass fed beef with hide and tallow two pounds six shillings and eight pence for every hundred pounds weight and so in proportion for that of inferior quality. Best stall fed beef with the hide and tallow three pounds four shillings for every hundred pounds weight and so in proportion for that of inferior quality. Good butter by the firkin or cask one shilling and eight pence per pound and by the single pound or small quantity one shilling and nine pence half penny. Raw hides six pence per pound and other skins in the proportion of price they usually bore to raw hides. Good ΙΟ Sales not to be made at higher prices than herein fixed. 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 well 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 manufacture sixty four pounds per ton; and in that proportion for a lesser quantity. Refined iron at the place of manufacture seventy four pounds thirteen shillings and four pence per ton, pig iron at the place of manufacture twenty four pounds per ton. Best manufactured American steel fit for edged tools two shillings and eight pence per pound; and common American manufactured steel one shilling and nine pence half penny per pound. Be it therefore enacted by 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 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 merchandizes, salt excepted and also except as is above excepted, or for refreshments 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. Provided always that nothing herein contained shall extend to hinder or prevent bartering or neighbors. exchanging between neighbours according to the several usages and customs in this State in the year one thousand seven hundred and seventy four for their own and families' use and consumption only. Proviso as to barter between Persons having sur to sell. And be it enacted by the authority aforesaid. That no person or plus must persons having any greater quantity or number of the above mennot refuse tioned enumerated or non enumerated articles, except as above excepted, than shall be sufficient for the necessary use and consumption of himself or themselves or his or their family or families respectively, being demanded to sell, shall refuse to sell the surplus thereof respectively or any part thereof, and in case of such refusal any one of the judges of the county court of common 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 consistently Penalty for with the true intent and meaning of this law, And if any per violating this sec tion. son or persons whatsoever shall wittingly or 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 prosecution 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 allow 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 cogniznace thereof, by any person who shall sue and prosecute for the same to his own use, |