Henry Ben son sum And be it further enacted by the authority aforesaid That the To pay treasurer of this State pay out of any of the monies in the treasury thereof unto Mr. Henry Benson the sum of twenty two pounds thir- named. teen shillings and six pence for public services done by him and take his receipt for the same on his account thereof. 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 Preamble. 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 during the war. of life families of prices Be it therefore enacted by the People of the State of New-York repre- Necessaries sented in Senate and Assembly and it is hereby enacted by the authority of the same, That the justices of the peace or the major part of them nished within every city borough town, precinct district and manor re- persons in spectively within this State be and they are hereby authorized and service at required to supply the families of those persons who are or shall be named. 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 receiving pay for such supplies at the aforesaid rates at the respective times of delivery of the same, and taking receipts for the said supplies; and that the said Accounts justices of the peace shall transmit their accounts respectively on oath to be transwith the said receipts to the auditor-general to be audited by him; and auditorupon such audit the treasurer of this State is hereby authorized and general. 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. mitted to Preamble. CHAP. 46. AN ACT to amend an act entitled an act for regulating the militia of the State of New York. PASSED the 30th of June, 1778. WHEREAS by the said act it is enacted that there shall be one brigadier general for the county of Tryon, one for the county of Albany one for the counties of Gloucester and Cumberland, one for the county of Charlotte, one for the county of Dutchess, one for the county of Ulster, one for the county of Orange, one for the county of Westchester, one for the city and county of New-York, one for the counties of Kings, Governor Queens and Richmond, and one for the county of Suffolk – and that the point colo- person administring the government of this State for the time being nels com- by and with the consent and advice of the council of appointment may appoint colonels commandant instead of brigadiers general in such of the said brigades as the said person administring the government and council of appointment shall deem necessary and expedient. And whereas the militia of the respective brigades or of some of them may become or be too numerous for one brigade. may ap mandants of bri gades. Brigades may be divided, etc. Rank. Major brigade, rank of. Requisitions for ammunition. 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 it shall and may 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, when and as often as such case shall happen to divide such brigade and appoint a colonel commandant to the command of one division thereof; which colonel commandant shall have the like command in his division with brigadiers general in their brigades, and when in the field shall take rank of all colonels or other officers commanding regiments; And if any person so to be appointed a colonel commandant should be a colonel of the militia he shall still continue in the command of his regiment. That each colonel commandant so to be appointed shall have one major brigade of his own choice who shall rank as major in the militia. And be it further enacted by the authority aforesaid That the commissioner of military stores of this State do on application of any or either of the colonels or commanding officers of regiments of the militia of this State by a draft in writing on the said commissioner in favor of the quarter-master of the regiment, backed with a warrant from the person administring the government of this State for the time being, furnish such quarter-master or quarter-masters with such quantities of ammunition made up in cartridges for the said regiment as shall be directed by the said warrant; the said quarter-master paying for the same the first cost thereof and the expence of making up the same; which monies the said commissioners shall from time to time lay out again in the purchase of ammunition. CHAP. 47. AN ACT more effectually to prevent the mischiefs arising from the example and influence of persons of equivocal and suspected characters in this State. PASSED the 30th of June, 1778. WHEREAS certain of the inhabitants of this State have during the Preamble. course of the present cruel war, waged by the king and parliament of Great-Britain against the people of these States, affected to maintain a neutrality which there is reason to suspect was in many instances dictated by a poverty of spirit and an undue attachment to property. And whereas divers of the said persons, some of whom advocated the American cause till it became serious, have notwithstanding the forbearance of their countrymen and contrary to the faith pledged by their paroles, ungratefully and insiduously from time to time by artful misrepresentations and a subtle dissemination of doctrines fears and apprehensions false in themselves and injurious to the American cause, seduced certain weak minded persons from the duties they owed their country. And whereas the welfare of this State loudly demands that some decisive measures be taken with respect to the said persons, and it being repugnant to justice as well as good policy that men should be permitted to shelter themselves under a government which they not only refused to assist in rearing, but which some of them daily endeavour to undermine and subvert. And whereas such few of the said persons as may have been led to take a neutral part by conscientious doubts and scruples, have had more than sufficient time to consider and determine the same sioners for spiracies to Be it enacted by the People of the State of New York, represented in CommisSenate and Assembly, and it is hereby enacted by the authority of the same enquiring That the commissioners appointed for inquiring into detecting and de- into confeating all conspiracies which may be formed in this State against the administer liberties of America or any three of them be and they hereby are author- oaths to ized and strictly charged and required to cause all such persons of named. neutral and equivocal characters in this State whom they shall think have influence sufficient to do mischief in it, to come before them and to administer to the said persons respectively the following oath (or if of the people called Quakers) affirmation viz persons oath. "IA B do solemnly and without any mental reservation or equivo- Form of cation whatever, swear and call God to witness (or if of the people called Quakers) affirm that I do believe and acknowledge the State of New York to be of right a free and independent State. And that no authority or power can of right be exercised in or over the said State, but what is or shall be granted by or derived from the people thereof. And further that as a good subject of the said free and independent State of New York, I will to the best of my knowledge and ability faithfully do my duty. And as I shall keep or disregard this oath, so help and deal with me Almighty God." refusing to moved. And be it further enacted by the authority aforesaid, That if on the Persons said oath or affirmation being so tendered, the said person or persons take oath shall refuse to take the same, the said commissioners do forthwith re- to be remove the said person or persons so refusing to any place within the enemy's lines, and by writing under their hands and seals certify the names of such person or persons to the secretary of this State, who is hereby required to record and file the said certificates. Notice to persons to be published. And be it further enacted by the authority aforesaid That if any absconding of the said neutrals shall abscond or absent himself with an apparent view to avoid the force of this act, the said commissioners shall by notice published in one or more of the news papers of this State, demand of the said person or persons so absconding or absenting, to appear before them at such place in this State and at such time not exceeding twenty-one days from the time of such publication, as they shall assign. And further that default in such appearance shall be adjudged to amount to, and is hereby declared to be a refusal to take the said oath or affirmation. Failure to appear and of treason. And be it further enacted by the authority aforesaid That if any take oath of the persons removed to places within the enemys lines by the said misprison commissioners in pursuance of this act, or who having as aforesaid absconded or absented shall not on notice as aforesaid appear before the said commissioners and take the oath or affirmation aforesaid, shall thereafter be found in any part of this State, such person or persons so found shall on conviction thereof be adjudged guilty of misprision of Lands of charged with treason. And to the end that this State may be in some measure compensated for the injuries it has sustained by the evil example or practices of the said neutrals, and that others may be deterred on similar occasions from acting a part so unmanly and ignominious, Be it further enacted by the authority aforesaid That all lands held such per- in this State on the twenty-sixth day of June instant in fee simple or fee tail, or which may hereafter be acquired by or devised granted or descend to any of the persons who shall refuse to take the aforesaid oath or affirmation when called upon by the said commissioners, shall forever thereafter be charged with double taxes in whosesoever hands the said lands may hereafter be. double taxes. Notice to be given the governor. Governor to cause And be it further enacted by the authority aforesaid That the said commissioners previous to the removal of the said several persons within the enemys lines shall from time to time notify the person administring the government of this State for the time being of the several persons so to be removed who is hereby authorized to detain and confine such of the said persons as he shall th`ak proper for the purpose of exchanging them for any of the subjects of this State in the power of the enemy. And be it further enacted by the authority aforesaid, That the perthis act to son administring the government of this State for the time being be be speedily and he is hereby required to do his best endeavours that this act be fully and speedily carried into execution and; all magistrates sherifs and constables are required to be aiding therein. executed. LAWS OF THE STATE OF NEW YORK PASSED IN THE SECOND SESSION OF THE SENATE AND ASSEMBLY OF THE SAID 1778, AND CONTINUED BY ADJOURNMENTS. CHAP. 1. AN ACT to enable the mayor aldermen and commonalty of the city of Albany to order the raising of a sum not exceeding four hundred pounds for the purposes therein mentioned. PASSED the 17th of October, 1778. WHEREAS the establishing of a regular well constituted night watch Preamble, within the city of Albany has been found necessary for the safety of its inhabitants and others. levy tax. Be it therefore enacted by the People of the State of New York, rep- Mayor, resented in Senate and Assembly and it is hereby enacted by the authority of etc.. may the same That the mayor, aldermen and commonalty of the city of Albany shall have full power and authority, at such time as they shall think convenient, to order a tax not exceeding four hundred pounds upon all the estates, real and personal, of all the freeholders inhabitants and residents living in that part of the said city which lies within half a mile of Hudson's river and to the north of a west line drawn from the old fort, for the payment of so many watchmen, not exceeding forty, as the mayor, aldermen and commonalty of the said city in common council convened shall think necessary for guarding the said city; which tax shall be rated and assessed by the assessors of the said city; they having regard to the estate and ability of the said several persons, to be taxed. And be it further enacted by the authority aforesaid That the as- Duty of sessors, as soon as they shall have compleated the assessments, shall assessors return a list of the same to the mayor aldermen and commonalty of the list and to return |