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county of Tryon, from the pass in the mountain called Anthony's Nofe, in the faid coumty; the sheriff of the county of Charlotte, from the meetinghouse in the town of New-Perth, in the said county; the sheriff of the county of Cumberland, from the court-house in the said county; and the Cheriff of the county of Gloucester, from the meeting-house in the town of Newbury, in the faid county.
II. And be it further enačied by the authority afore fuid, Al formet regula. That all former
regulations, respecting the places from toes repealed.
which the sheriffs respectively were required to compute their milage, on the service of writs or procefles, shall be, and they hereby are repealed, annulled and made void ; any thing in any act or acts of the legiílature of the colony of New-York, contained to the contrary thereof in any wise notwithstanding.
CH A P. XXV. An ACT to dispense with the usual Mode of administring Oaths, in Favor of Perjons having conscientious Scruples refpeâling the fame.
Palled if April, 1778. Preamble. WHEREAS many
of the inhabitants of this state, have
conscientious séruples about the present mode of adıninistring oaths, by laying the hand on and killing the gospels; for the relief of all such persons,
Be it eracled by the people of the stale of New-York, represented in fenaie and afjembly, and it is herely enabled by the authority of the same, That all and jentious fruples, to within this state, shall be, and they hereby are empowered,
Parkaus having con- every person or persons, empowered to adıninister oaths betworn with uplift
authorised and required, to tender and administer the said oaths to all such person or persons as shall declare they have such conscientious fcruples, in the form following, to wit: The laid person or persons Thall, with his, her or their hand or hands uplifted, swear by the ever-living God, and shall not be compelled to lay his, her or their hand or hands, on the gospels, or kiss the fame: And that all oaths to be administered agreeable to the mode prescribed by this act, shall be, and the fame are hereby declared to be as good, valid, and effectual, to all intents and purpofus, as if the fame And if quiltyof per
had been administered by laying the hand on, and kising Ti, to lifler as if the gospels. And all persons who being sworn agreeable Tworn on the gcipels.
to the laid mode, and Mhall be guilty of false swearing, or wilfid and corrupt perjury, and be convicted thereof, mall incur and fufer the fame pains, penalties or punishments, as if they had been respectively (wom on the holy Evangelisis.
LAWS of the State of NEW-YORK,
Passed in the First Session of the Legislature, held at
Poughkeepsie, in Dutchess County, by Adjournment,
CH A P. XLVII. Amended 2d fell. An ACT more effeciually to prevent the Mischiefs ariping
from the Influence and Example of Persons of cquivocal and sulj celed Charallers in this State,
Paffed 30th June, 1778. HEREAS certain of the inhabitanis of this itate,
have, during the courle of the present cruel war, waged by the king and parliament of Great-Britain againit 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 fpirit, and an undue attachment to property : And whereas divers of the said persons, some of whom advocated the American cause, until it became serious, have, notwithilanding the forbearance of their countrymen, and contrary to the faith pledged by their paroles, ungratefully and intidiously, from time to time, by artful mitrepretentations, and a subtle dissemination of doctrines, fears and apprehenfions, f.lie in ihemselves, 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 decitive meafures 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 theinfelves under a government, which they not only refuted to aslift in rearing, but which, fome of them daily endeavour to undermine and iubvert: And whereas such few of the said persons, as may have been led 10 take a neutral part by concientious doubts and scruples, have had more than sufficient time io conlder and determine the same;
I. Be it erudied by the people of the fac of New-York, represented in fenate ani .fj mily, and it is hereby enaĉed by the cui hority of the same, Thatthe com
of miffioners appointed for inquiring into,detecting and defeating Comes to cauf; all conspiracies which may be formed in this flate, againit una caracters the liberties of America, or any three of them, be, and they
hereby are authorised and ítrctly charged and required, to
caule all such persons oi neuual and ecuivocal characters in this state, whom they shall think have influence fufficient to do mischief in it, to come before them, and to administer to the said periors reipectively, the following oath, or if of the people called Quakers, afirmation, viz.
A. B. do solemnly, and without any mental reservation
to take an oath or adirmaron.
Tlc form there: f.
ress or if of the people cajki Qualers, affirm That I do believe and acknowIedge the flate or New-York to be of right, a free and independent tiare.
And that no authority or power can, of right, be exercised in or over the faid ftate, 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.
II.' Aidbe it further enacted ly the authority aforesaid, And on reful to That if on the laid oath or affirmation being so tendered, azad dem within the Creamy's lies, &c. the said person or persons shall refuse to take the fame, the faid commissioners do forthwith remove the said person or persons fo refusing, to any place within the enemy's lines, and by writing under their hands and feals, certify the names of such person or persons to the secretary of this itate, who is hereby required to record and file the faid certificates.
III. And be it furiher enucled by the auiharily aforesaid, That if any of the faid neutrals shall abfcond or absent himself with an apparent view to avoid the force of this act, the said commiflioners shall, by notice published in one or more of the newspapers of this state, demand of the said person or perfons, fo absconding or absenting, to appear before them, at such place in this ftate, and at such time, not exceeding twenty-one days from the time of fuch publication, as they shall allign. 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.
IV. And be it further enatled by the authority aforefaid, That if any of the perions removed to places within the enemy's lines by the faid commillioners, in pursuance of this act, or, who having as aforesaid, absconded or abfented, shall not, on notice as aforesaid, appear before the said commiflioners, 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 misprifion of treason.
V. 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 rutrals, and that others may be deterred on fimilar occasions, from acting a part so unmanly and ignominious; Be it jurther enaĉied by the authorily Their lands double aforefaid, That all lands held in this state, on the twenty
fixth day of June instant, in fee fimple, or fee tail, or which
may hereafter be acquired by, or devised, granted, or deNaam beraifalantil scend to any of the persons who shall refuse to take the Da's for the purpote. aforesaid oath or affirmation, when called upon by the said
commillioners, mall forever thereafter be charged with double taxes, in wholesoever hands the faid lands may hereafter be.
VI. And be is further errafled bythe authority aforesaid, That the said commiffioners, previous to the removal of the several perions within the enemy's lines, shall," from time to time, notify the person adininiftring the government of this state for the time being, of the several persons fo to be removed, who is hereby authorised to detain and contine fuch of the faid persons as he shall think proper, for the purpose of exchanging them for any of the subjects of this state in the power of the enemy.
VII. Ad be it further cratic ly the authority aforcfaid, That the person administring the government of this flate for the time being, be, and he is bereby required to do his belt endcavours, that this act be fully and speedily Carried into execution, and all magiltrates, Perifls and confiables, are required to be aiding therein.
3 Lit. di. 47. fec. Io.
LAWS of the State of NEW-YORK,
Passed in the Second Session of the Legislature, held at
Poughkeepsie, in Dutchess County, by Adjournment.
CH A P. XI. An ACT 10 authorize the Person adminiftring the Government of this State
for the Time being, to transmit Copies of the Laws of this Slate, to the Honourable the Congress of the United States, and to the Executive Auihority of each of the suid United States.
Paffed 17th February, 1779. THEREAS an interchange of the laws passed and to be
palled from time to time, in the several United States, may be of public utility ;
Be it enacted by the people of the fate of New-York, represented in senate and affeinbly, and it is hereby enated by the authority of the same, That the
The person admi- person adminiftring the government of this state for the time niftring die govern- being, shall be, and he is hereby authorised and required to of the laws to the Con- tranlinit, from time to time, three copies of all the laws paffgrefs, and to the exe- ed and to be passed by the legislature of this state, to the ho
norable the Congress of the United States, and to the executive authority of each of the faid United States, and to request a reciprocal interchange from each of the said states.
C H A P. XXII. An ACT to enable the Recorery of the Continental Demands, and for punishing the Misbehaviour of Perjons in Coniinental Employ.
Pafted 5th March, 1779. HEREAS Preamble.
inany great mischiefs to the general in
terest of the United States of America, have already arisen and daily do arise, froin the want of an established mode in this state, for the recovery of their jult demands, and for punishing by a due course of law, fuch persons as being subjects of, or tømporary residents within this state, are. guilty of frauds, or other abules and misdemeanors, in the service or employ of the said United States: To remedy those evils:
I. Be it erilled by the people of the fate of New York, represented in fenate and asembly, and it is hereby enačied by the authority of the fame, That the Con
gress of the said United States shall be, and they are hereby auThe Congress ao. thorif:d by their at- thorised from henceforth and forever hereafer, by their attorto profecute faits in ney or procurator, to be appointed by their resolution or any courts within this act, and by and in the name of the United States of America,
to fue, implead and profecute to final judgment, decree and
recovery, with and subject to costs of suit, in cases wherein by law costs are allowed to or against private persons, all and all manner of suits and actions, personal in any court of law or equity, within this state, against any person or persons whatsoever ; and the fame to compound, discontinue, withdraw or release, as they shall think fit; and that in every such action or suit at law,
the defendant or defendants may either in his, her or their Defendant pleai the general r- own right, or as executor or administrator, or executors or en and give the fpe administrators, to other or others plead the general issue, and denre, and may dif- give the special matter of his, her or their defence in evidence,
cu giving due notice thereof in writing, with the plea ; and Ahall also on such plea and notice, be allowed to discount and set off against the plaintiil's demand, all such matters and things, as are now by law a lowed to be discounted and set off in cases wherein private persons are both plaintiff and defendant in the suit.
II. And for preventing all frauds, abuses and misdemeanors from being committed, and for punishing such as have already been committed in their service by perfons in their employ ; Be it enalled by the authority aforejaid, That all such frauds, abuses and misdemeanors, shall be deemed,
Meie of punishing construed and esteemed in law, to have been, and to be comLauis.
mitted against the United S:ates of America, and the offender or offenders shall, for his and their offences respectively, be liable to be profecuted by information or indictment, and convicted for the same, as done and perpetrated against the said United States, in like manner as persons may by law, be criminally profecuted and convicted for frauds, abuses and inisdemeanors, in any public office in this state, as done and committed against the people of this state.
III. And whereas there is great reason to believe, that many persons employed in the continental service, have made it a practice to apply the public monies entrusted to them for public use, in their own private traffic and commerce, and for their own private profit and emolument, whereby the troops of the United States have been, and are daily reduced to great extremities, for the want of necefTaries, and the military operations of the United States, are thereby greatly obstructed and impeded; Be it therefore enaĉied by the exiliorily aforesaid, That if any person or persons in the service of the faid United States, and entrusted with the public monies thereof, shall, after the fifeenth day of April next, apply the same to any other use or uses than fuch
for which the same shall be, or has been put into his or their
hands, or being thus entrusted, shall by himself or themselves, or by other or others, directly or indirectly, carry on any traffic or commerce, for his or their own private emolument, he or they so offending shall, for every offence, forfeit the sum of one thousand pounds, to be recovered with colts of fuit, in any court of record within this state, by any person who 'will fue for the fame, in his own name, and the name of the United States of America ; the one moiety of the said penalty to his own use, and the other moiety thereof to be paid into the treasury of this state, for the use of the said United States. And the defendant may plead not guilty thereto, and give the special matter of his defence in evidence, and have no esloin, nor any more than one imparlance; and being convicted in such popular action, shall thenceforth and forever thereafter, be disabled to hold any office or place of urut or profit, under this state.