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 indictment or in any such popular action as aforesaid.

refusal to

sary, etc.,

tion to be

justices of

issued.

And be it further enacted by the authority aforesaid That in case In case of any person or persons whatsoever shall refuse to sell to any person or sell to persons appointed to the commissary or quarter masters department commis of the army of the United States of America or of any other forces of army imployed by the said United States or either of them, for the use of applica such forces only, any of the articles herein before rated, that in such made to case it shall and may be lawful to and for such commissary or quarter peace and master to apply to two of the nearest justices of the peace who are warrants 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 persons 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 herein before 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 unless regularly appointed thereto and such appointment be approved by the person administring the government by writing under his hand.

continue

effect.

And be it further enacted by the authority aforesaid That this law, Law to unless sooner repealed by the legislature of this State, shall be and con- effect durtinue in full force and effect during the present war between the United ing war. States of America and Great-Britain and no longer. Provided always When law That this law shall not take effect in the county of Dutchess until six to take 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.

CHAP. 35.

AN ACT for the payment of the salaries of the several officers of government and for other purposes therein mentioned.

ASSED the 4th of April, 1778.

for sala

Be it enacted by the People of the State of New-York represented in Allowance Senate and Assembly and it is hereby enacted by the authority of the same, res That there shall be paid and allowed to the several officers and per

Governor.

Delegates

in con

gress.

Chancellor.

Chief justice.

Puisne justices.

Ibid. additional salary.

Secretary of State.

Senators and mem

sembly,

sons herein after named, the several salaries and sums of money herein after specified, and the treasurer of this State is hereby authorized and required to pay the said salaries and sums, to the said several officers and persons respectively, that is to say.

To his excellency the governor, for administring the government of this State from the thirtieth day of July last, to the first Monday in July next, at and after the rate of two thousand pounds per annum.

To the honorable Philip Livingston, James Duane, Francis Lewis, Philip Schuyler, William Duer and Gouverneur Morris esquires, delegates from this State in the congress of the United States of America, each the sum of two pounds and sixteen shillings per day for each and every day they shall respectively attend in congress, or in a committee of congress, and including a reasonable number of days to be allowed to each for travelling from his place of abode to congress, and from congress to his place of abode, agreeable to such accounts as he shall produce thereof, to be auditead and allowed by the auditor-general of this State.

To the Honorable Robert R. Livingston Esq chancellor of this State for his services in that station from the twenty second day of May last, until the first Monday in July next, exclusive of of the time intervening between the twentieth day of September and the seventeenth day of October last, at and after the rate of three hundred pounds per annum.

To the Honorable John Jay Esq, chief justice of this State, for his services in that station from the twenty second day of May last, until the first Monday in July next, exclusive of such time as aforesaid, at and after the rate of three hundred pounds per annum.

To the Honorable Robert Yates Esq one of the puisne justices of the supreme court of this State, for his services in that station from the nineteenth day of June last until the first Monday in July next exclusive of such time as aforesaid, at and after the rate of two hundred pounds per annum.

To the Honorable John Sloss Hobart Esq, one other of the puisne justices of the supreme court of this State, for his services in that station from the first day of June last, until the fifth Monday in July next, exclusive of such time as aforesaid, at and after the rate of two hundred pounds per annum.

To said John Jay, Robert Yates and John Sloss Hobart Esquires, exclusive of the above salaries to them respectively, for each and every day they shall severally attend on the execution of commissions of oyer and terminer and general gaol delivery, in the several counties, and for each and every day they shall be respectively travelling for that purpose, each the sum of forty shillings, agreeable to such accounts as they shall severally produce thereof, to be audited and allowed by the auditor-general of this State.

To the Honorable John Morin Scott Esq, secretary of this State, for attending the session of the legislature for the purpose of receiving laws, and for recording the same, and for his services as clerk to the council of appointment, from the twenty sixth day of March instant to the first Monday in July next, at and after the rate of sixty pounds per annum.

To the several members of the senate and assembly for each and bers of as- every day they shall severally attend in senate or assembly, each the sum of sixteen shillings agreeable to such accounts thereof as they shall severally produce, to be certified by the president of the senate or speaker of the assembly as the case may be, and a reasonable number of days to be allowed to each member for the time he shall

have been travelling from his place of abode to the place of the meeting of the legislature and in returning from the said place of the meeting of the legislature to the said place of abode. And the account of the president of the senate, of such attendance to be certified by the clerk of the senate. And the account of the speaker of the assembly of such attendance to be certified by the clerk of the assembly.

the senate.

To Robert Benson Esq clerk of the senate for his services in that Clerk of station, twenty shillings per day, agreeable to such account thereof as he shall produce to be certified by the president of the senate. To the said Robert Benson for sundry sums advanced by him for the use of the senate agreeable to such account thereof as he shall produce to be certified by the president of the senate.

bly.

To John McKesson Esq clerk of the assembly for his services in Clerk of that station, twenty shillings per day agreeable to such account thereof the assem as he shall produce to be certified by the speaker of the assembly. To the said John McKesson for sundry sums advanced by him for the use of the assembly, agreeable to such account as he shall produce thereof to be certified by the speaker of the assembly.

To Victor Bicker door-keeper of the senate, for his services in that Doorstation, sixteen shillings per day agreeable to such account as he shall keeper of produce thereof to be certified by the president of the senate.

senate.

To Richard Ten Eyck door keeper of the assembly, for his services Ibid. of asin that station, sixteen shillings per day, agreeable to such account as he sembly. shall produce thereof to be certified by the speaker of the assembly.

And be it enacted by the authority aforesaid That there shall be Treasurer. allowed unto Gerard Bancker Esq treasurer of this State for his services in that station from the first day of April instant to the first Monday in July next at and after the rate of three hundred pounds per annum.

And be it further enacted by the authority aforesaid That there shall Auditorbe allowed to Comfort Sands Esq, auditor-general of this State, for his general. services in that station from the day of the last payment of his salary to the first Monday in July next, at and after the rate of three hundred pounds per annum. And the treasurer of this State is hereby authorized and required to pay the same unto the said Comfort Sands.

dental

To his excellency the governor for the expences of expresses or Governor messengers and other incidental charges which may arise in or about for incithe administring the government, such sum or sums as he shall from charges. time to time require, in the whole not to exceed the sum of one thousand pounds; and that his excellency the governor account with the legislature of this State for the expenditure thereof.

New

And to William Floyd, Comfort Sands, Peter T. Curtenius and commisWilliam Denning Esquires each the sum of thirty pounds to reim- sioners at burse them for their expences in attending the convention of the com- Haven. missioners at New-Haven in the State of Connecticut in the months of January and February last; and the treasurer of this State is hereby authorized and required to pay the said sums to the said William Floyd, Comfort Sands, Peter T. Curtenius and William Denning respectively. And whereas Doubts have arisen whether the treasurer of this Payments State can out of the treasury pay off and discharge accounts audited by treasby the auditor general without any other warrant for the purpose: For the removal of such doubts, and to the end that the treasurer may not only be indemnified against such payments, but also against all sums paid by him in consequence of the joint resolutions of the senate and assembly therefore,

urer

Be it enacted by the People of the State of New-York represented Treasurer in Senate and Assembly, and it is hereby enacted by the authority of d

indemni

fied.

Pest

the same, That the treasurer of this State shall be and he is hereby indemnified against all such sums as he has paid or shall pay in discharge of any accounts audited or to be audited by the auditor general of this State without any farther or other warrant or warrants to be issued to him for that purpose, and also against all such sums as he hath paid or shall hereafter pay in consequence of any joint order or resolution of the senate and assembly at any time heretofore passed.

CHAP. 36.

AN ACT to prevent the spreading of the small-pox within this

State.

PASSED the 4th of April, 1778.

Be it enacted by the People of the State of New-York represented houses to be apin Senate and Assembly and it is hereby enacted by the authority of pointed by the same That any one or more of the justices of the peace resident in justices of the peace. the several towns, manors, districts and precincts within this State shall as soon as conveniently may be after the publication of this act and from time to time thereafter as occasion shall require appoint one or more house or houses not exceeding three in each respective town manor district or precinct as they shall deem necessary wherein persons infected or diseased with the small-pox shall and may reside and be kept and attended.

Persons not to be for small

pox.

And be it further enacted by the authority aforesaid That no physician, inoculated surgeon practitioner in physic, or other person shall inoculate any person or persons for the small-pox in any place or places within this State; and if any physician surgeon practitioner in physic or any person whatsoever shall inoculate any person or persons for the small-pox in any place or places within this State he or she so offending shall for each and every offence forfeit the sum of twenty-five pounds to be recovered in any court of record within this State having cognizance thereof by any person who will sue for the same.

Persons in

be removed

to pesthouse.

That if any person shall be casually taken with the small-pox in any fected to town manor district or precinct within the State it shall and may be lawful for any justice of the county who is hereby on complaint. and information required by warrant under his hand and seal to any one or more inhabitant of the neighbourhood having had the small-pox and who is and are hereby required to execute the same to cause such person to be removed to one of the said houses in the town manor district or precinct appointed to receive persons infected with the small-pox.

Cases in

make ap

That if by reason that any troops shall march or be quartered in or which jus- through that neighbourhood or by reason of any other cause or conpeace may tingency any house so to be appointed as aforesaid should become pointment inconvenient or improper for the purpose it shall and may be lawful and order for any justice of the peace to revoke such appointment and cause the moved. several persons (by warrants as aforesaid in the said house infected or diseased with the small-pox to be removed to such other house or houses which he shall thereupon appoint for the purpose as to the said justice shall appear necessary and proper.

persons re

Consent of

Provided nevertheless That no house shall be appointed as aforesaid, owner re- without the consent of the owner thereof.

quired.

And this act shall continue in force until the first day of December next and no longer.

CHAP. 37.

AN ACT to remove doubts concerning the powers of the last convention and council of safety of this State and to indemnify those who have acted under their authority respectively.

PASSED the 9th of June, 1778.

WHEREAS the legislature of this State at their late sessions at Kings- Preamble. ton were prevented from proceeding on business, by reason that many of their members (officers in the militia) were called into actual service on the irruption of the enemy into this State, in which conjuncture the members of the senate and assembly then present did form themselves into a convention and appointed a council of safety out of their number with like powers as former conventions and councils of safety of this State did heretofore exercise, and to continue so long as the necessities of the State should require; which appointment of the said convention and council of safety at that time was absolutely necessary, and the orders, recommendations and resolutions by them from time to time made have been found greatly beneficial to this State. And whereas doubts have arisen in the minds of some of the good people of this State, concerning the powers of the said convention and council of safety notwithstanding the absolute necessity of such appointment, there being no provision made for that purpose in the constitution of this State.

and

firmed.

Be it therefore enacted by the People of the State of New-York rep- Orders resented in Senate and Assembly, and it is hereby enacted by the authority of resoluthe same, That all and every order and resolution of the said conven- tions contion or council of safety, except such of their said orders and resolutions as by the legislature of this State have heretofore been confirmed or repealed, be and they are hereby ratified and confirmed and declared to be good and valid to all intents and purposes whatsoever. And be it enacted by the authority aforesaid That the several members Members of the said convention or council of safety, and that all and every person etc., and persons whatsoever having acted under the authority of the said indemniconvention or council of safety, or who hereafter shall act in pursuance of such of their said orders or resolutions which have not as yet had their full operation and effect, be, and they hereby are indemnified and saved harmless against all suits actions and prosecutions whatsoever, for or by reason of the premises.

of council,

fled.

CHAP. 38.

AN ACT to appoint a commissioner to take the superintendence of such poor as were removed out of the city of New York into Dutchess county and for other purposes therein mentioned.

PASSED the 29th of June, 1778.

WHEREAS the commissioners appointed by the council of safety of Preamble. this State for superintending the poor removed from New-York into Dutchess county decline to serve any longer.