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AN ACT for the purpose of making up the Depreciation of the Conti
nental Money to Colonel Warner's Regiment, and Captain Lee's Company.
Whereas, the Continental money has depreciated to that degree, that there is the bighest necessity, in order to do justice to individuals, to make up the depreciation of said money to Colonel Seth Warner's regiment, and Captain Lee's Company. Therefore,
Be it enacted, &c. that the committee of pay-table be, and they are hereby, directed to forth with examine into the state of the said regiment, with regard to the said depreciation, as soon as the proper papers are laid before them, by the proper officers, and adjust the accounts of the depreciation of said regiment, allowing the colonel fifteen pounds per month, the lieutenant-colonel iwelve pounds, the major ten pounds, captains eight pounds, lieutenants five pounds eight shillings, ensigns four pounds ten shillings, serjeants two pounds eight shillings, corporal, drum or fife two pounds four shillings, and privates two pounds per month.
That such of the officers and soldiers of said regiment, or said company, who have had a right of land granted them, on account of their service in said regiment, shall have the price thereof deducted out of the money due to them: and such as have not, shall have a right granted them on account of said service, and be subject to such deduction.
And the said committee of pay.table are hereby directed to draw on the treasurer for the sum of twenty pounds, for each of the field officers of said regiment, and the sum of twelve pounds for each captain, or other commissioned officers of said regiment and company, and the sum of six pounds for each non-commissioned officer or soldier of said regiment or company, to whom it shall be found to be due, agreeable to a former resolution of the legislature of this State, for making up the depreciation to the officers and soldiers of said regiment, who have not had the same made up to them, by any other State, or any thing in lieu thereof. And the balance found due to the officers and soldiers of said regiment and company, after all the payments beretofore made, and those directed to be paid by this act, are deducted, being certified to the treasurer by the committee of pay-table, shall be secured to the several persons to whom the monies shall be found to be due to, by loan office notes; to the officers, one half the balance within three years from the first day of March next, the other half within two years from the first day of March next : to the soldiers, the whole of the balance within two years from the first day of March next. Said notes to be on interest, at six per cent per annum.
AN ACT for detecting and discouraging Desertion. That whereas, it often happens that deserters from the Continental army flee to this State for resort. Therefore,
Be it enacted, &c. that whenever it shall so happen, that any Continental officers shall proceed to this State, for to obtain any deserters from
said army, it shall, and hereby is declared to be the duty of, and enjoined upon, every officer, both civil and military, within this State, to give all that aid and assistance to them, when requested, that shall be necessary for the purpose aforesaid ; for which they shall be paid by such officer.
And be it further enacted, that if any person within this State, shall harbor, conceal, or endeavor to rescue, any deserter aforesaid, from any Continental officer aforesaid, or any deserter from this State's troops, he shall pay a fine not exceeding twenty pounds : one moiety thereof to be for the use of this State, the other half to him or them who shall prosecute the same to effect, before any court proper to try the same.
AN ACT to discharge the Township of Thomlinson, in the County of
Windham, from raising their proportionate part of Provisions for the use of the Troops in this State. *
Whereas, an act of Assembly was passed in their sessions in October last, entitled “ An Act for the purpose of procuring provisions for the troops to be employed in the service of this State;" and among the townships allotted for that purpose, the township of Thomlinson (though at those sessions not represented) was included. And whereas said township of Thomlinson being but thinly inhabited, and new beginners, not having as yet so far cultivated their lands as to be in a capacity to pay their quota of provisions, so enjoined them ; neither have they raised any for the maintenance of their families, (one only excepted, wlio has raised but a bare sufficiency,) but are necessitated to have recourse to others for their assistance.
Be it therefore enacted, &c. that the township of Thomlinson aforesaid, be, and is hereby, discharged of and from the payment of their quota of provisions, so allotted and enjoined them, by virtue of the act of Assembly before recited: of which all persons concerned are to take notice, and govern themselves accordingly.
AN ACT to suspend prosecutions against Isaac Tichenor, Esq. late
Commissary of Purchases, for public purposes, until the rising of the Assembly in October next.
Whereas, it is made to appear, by sufficient evidence, that there is due to Isaac Tichenor, Esq. late commissary of purchases, for the States of New-Hampshire and Vermont, and his agents, for public purchases, the sum of sixty-five thousand, one hundred and eighty-four pounds, nine shillings and five pence, Continental money, and one thousand, three hundred and twenty-four pounds, fourteen shillings and two pence, in specie value; and that he hath taken due pains to procure the said monies from the public, but hath hitherto been unable to obtain the same.
* Several Acts similar to tbis, were passed. We give this as a specimen of the whole.
And whereas, the said Tichenor, and his agents under him, have given their private notes of hand to the several persons of whom they respectively have purchased, for the public; and that said Tichenor and his agents are in danger of being entirely ruined, if actions should be brought and supported on the notes before mentioned.
Which to prevent, Be it enacted, &c. that all and every action already commenced against said Tichenor and his agents, for public purchases, by him or them made, shall be stayed until the rising of the next General Assembly in October next. And that no actions shall be supported, that may be commenced against said Tichenor, or his agents, for purchases made in behalf of the public, until the rising of the next sessions of the General Assembly, in October next.
Provided nevertheless, that if the said Tichenor shall receive the public monies due to him as afordsaid, before the rising of the General Assembly in October next; then it shall and may be lawful for every person, to bring his or their action against said Tichenor, on the notes aforesaid; any thing in this act to the contrary notwithstanding.
AN ACT for making the Laws of this State, now extant, temporary,
and to be in force until the rising of the General Assembly of this State, at their session of October next.
Whereas, it is found necessary that the laws of this State, now extant, shall be in force until the rising of the General Assembly in October next. Therefore,
Be it enacted, &c. that the laws of this State, now extant, be, and are hereby, established to be in force as laws of this State, until the rising of the General Assembly of this State, in their session of October next.
LAWS PASSED AT CHARLESTON,
OCTOBER SESSION, 1781.
AN ACT authorising the sale of the real Estate of Aquila Cleveland,
deceased. Whereas, it has been sufficiently proved, to the satisfaction of this House, that it is necessary, and for the interest of the children of the said Aquila Cleveland, that the farm whereof the said Aquila died seized, lying in Guilford, in the county of Windham, should be sold.
Therefore, Be it enacted, &c. that Jedediah Wellman and Mercy, his wife, (which
said Mercy is administratrix of the estate of the said Aquila Cleveland) shall be, and hereby are, fully authorised and impowered to sell and dispose of the said farm; and the money arising from such sale, to employ for the benefit and advantage of the relict and children of the said Aquila; under the directions of the judge of probate for the district of Marlborough: saving the right of dower of the relict of the said Aquila.
AN ACT enabling the inhabitants of the several towns to tax the lands,
within their respective towns, for certain cases therein mentioned.
Whereas, the value of the landed interest of non-resident proprietors is greatly advanced by settlements being formed in the towns where such lands lie, and especially by public buildings being erected therein.
Be it enacted, &c. that the inhabitants of the several towns in this State, be, and hereby are, authorised and impowered, at any legal meeting, warned and convened for that purpose, to levy on the lands such tax or taxes as they shall agree to, not exceeding, in the whole, two pence per acre, for the purpose of building houses for public worship, schoolhouses, and bridges. And when any tax or taxes are levied as aforesaid, the select-men, in the towns where such taxes are levied, are hereby authorised and impowered to grant their warrant to the collector, directing him to collect them; and the collector shall thereupon, proceed in col. lecting them, in the same manner in which collectors are authorised by law to proceed in collecting proprietary taxes. Provided nevertheless, that nothing in this act shall be construed 10 authorise the inhabitants of any town, to levy any tax on such lots or rights of land, as are appropriated to public or pious uses. Provided also, that nothing, in this act, shall be construed to deprive any persons of privileges secured to them by the Constitution,
AN ACT for the purpose of procuring provision for the troops, to be
employed in the service of this State, for the year ensuing.
Whereas, the State of the present currency, or medium ostrade, is such, that it is difficult to procure necesssaries to supply the army, without calling on each town for a quota of such supplies. Therefore,
Be it enacted, &c. that there shall be levied on the polls, and rateable estates of the inhabitants of the several towns within this State, on the grand levy for the year 1781, a tax of provision, in manner following, vix; twenty ounces of wheat flour, six ounces of rye flour, ten ounces of beef, and six ounces of pork, without bone, except rib and back-boneon the pound, agreeable to the forementioned list : and that the selectmen of the several towns be, and hereby are, directed to make a provision rate, according to the foregoing proportion, on the inhabitants of their towns respectively; which, with their warrant, they shall direct to the constables of said towns, impowering them to collect the same by the first day of February next. And the select-men of the several towns are hereby ordered to see that the said beef and pork be well salted, and that the whole of said provision be properly stored and secured in barrels, at some convenient place in each town: and that the whole of the expense of securing, salting and storing said provision be defrayed by the several towns, wherein the same is collected as aforesaid.
Be it further enacted, that if the select-men of any town neglect their duty herein, it shall be in the power of the Governor and Council, to issue their warrant to the sheriff of the county, or his deputy, commanding him to levy of the goods or chattels of such select-men, and dispose thereof, according to law, a sufficiency to procure such quota ; except it does appear to them that the people of the town, or one third part thereof, was opposed to the select-men in procuring such provision, in which case it shall be in the power of the captain-general, to issue his warrant to the commissary-general, directing him, by himself, or his deputy, to repair to such town, and there seize, transport and dispose of, a quantity of any of the aforesaid articles, to the amount of such quota, belonging to such persons as have opposed the said select-men.
Provided aloays, that the said select-men shall be accountable to the commissary-general for the part of those who have not opposed such select-men.
And whereas, there are several towns in this State, the inhabitants of which have not chosen, or do not choose, select-men according to law; and in which towns the commissary-general has no person to call on : which difficulty to remove,
Be it enacted, that it shall be in the power of the Governor and Council, from time to time, to nominate and appoint a person or persons in every such town, who shall have it in their power to transact the business in this act prescribed for select-men ; and whose duty it shall be to notify and acquaint the inhabitants of such town or towns of the tenor of such act. Provided, that such persons be not liable to be levied on as select-men ; but it shall be in the power of the captain-general, in case of such towns failing to furnish their quota as aforesaid, to issue his warrant to the said commissary-general, directing him to repair to such town, by himself, or his deputy, and there seize, transport and dispose of a quantity of any of the aforesaid articles, to the amount of such quota, belonging to any persons, inhabitants of such town. And it shall be the duty of the commissary-general to see that such provisions be forwarded in such quantity, and at such time or times, as shall be wanted for the use of the troops : and if it be found that there is a surplussage of provision for the army in service, it shall be in his power, with advice of the Board of War, to barter or exchange such part of such provisions as will appear necessary, for rum, salt, powder, lead or other necessaries for the army.
And be it further enacted, that whatever select-men, or persons appointed by the Governor and Council, shall embezzle, or be concerned in embezzling, or misapplying any provisions collected for such quota, he shall forfeit and pay treble the value thereof; one moiety to the public, for the purpose of procuring provision as aforesaid, the other moiety to