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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

sons to be charged

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 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.

with 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 think 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
STATE, BEGINNING THE FIRST DAY OF OCTOBER,

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

mayor, etc., to

issue tax warrant; collection, etc.

Watchman to obey order of

mayor,

etc.

Preamble.

Act to regulate

wages,

etc., repealed.

said city, who shall annex thereto a warrant or warrants, under the seal of the said city, to be directed to the collector or collectors of the said city commanding him or them without delay to collect the sums so assessed and in case of neglect or refusal of any person or persons to pay the sum or sums at which he, she or they shall be so assessed as aforesaid to levy the same by distress and sale of the goods and chattels of the person or persons so neglecting or refusing, and to pay the monies so to be collected into the hands of the chamberlain of the said city (retaining three pence in the pound for their trouble in collecting the same) to be by them the said mayor, aldermen and commonalty from time to time applied to the purposes aforesaid.

And be it further enacted by the authority aforesaid That all such persons as shall be employed to watch and guard the said city shall be under the direction of and obey such orders as they shall from time to time receive respecting the premises, from the mayor, aldermen and commonalty of the said city.

CHAP. 2.

AN ACT to repeal an act entitled "An act to regulate the wages of mechanicks and labourers, the prices of goods and commodities, and the charges of inholders within this State; and for other purposes therein mentioned."

PASSED the 28th of October, 1778.

INASMUCH as the act entitled "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 on the third day of April last, has not answered the salutary purposes for which it was intended by reason of the neglect or refusal of some of the other United States to pass similar laws.

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 the said act, entitled "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;" and every clause, article and thing therein contained, shall be, and is hereby repealed and made void, to all intents, constructions and purposes whatever.

Preamble.

CHAP. 3.

AN ACT for continuing the powers of the commissioners for detecting and defeating conspiracies.

PASSED the 29th of October, 1778.

WHEREAS the act of the legislature of this State for appointing commissioners for detecting and defeating conspiracies and declaring their powers, and the act for encreasing the number of commissioners for detecting and defeating conspiracies within this State will expire on the first day of November next.

continued.

Be it therefore enacted by the People of the State of New York represented Act named in Senate and Assembly and it is hereby enacted by the authority of the same, That the said two several acts and the powers and authorities by them or either of them granted to the said commissioners or any and every three of them, and a power to the said commissioners or any three of them to remove within the enemy's lines all such persons who in pursuance of the "Act more effectually to prevent the mischiefs arising from the influence and example of persons of equivocal and suspected characters in this State," have already appeared before the said commissioners or any three of them and have not taken the oath in the said act contained shall be, and are hereby continued until twenty days after the next meeting of the legislature and a quorum of both houses shall be convened to proceed on business. And the treasurer of this Payments State, shall be, and he is hereby authorized and required to pay to the to commis said commissioners or any three of them such farther sum or sums as sioners. they shall from time to time require to defray the expence of the business committed to them so as the amount of such farther sum or sums shall not in the whole exceed the sum of three thousand pounds.

to be made

CHAP. 4.

AN ACT for procuring a further supply of cloathing for the five
Continental battalions raised under the direction of this State.

PASSED the 30th of October, 1778.

WHEREAS the act for procuring a supply of shoes and stockings, for Preamble. the use of the troops raised under the direction of this State, hath not in certain places been carried into execution

ors to

furnish

shoes, etc.

Be it therefore enacted by the People of the State of New York, repre- Supervissented in Senate and Assembly, and it is hereby enacted by the authority of the same, That the supervisors of those counties, which have not already towns to furnished their quota's, of shoes and stockings, agreable to the said act quotas of shall, as soon as conveniently may be, after the passing of this act, cause the several towns precincts and districts within their respective counties, which have not already furnished the same to furnish their quota's of shoes and stockings agreeable to the said act, and the clerks of the several counties shall with all convenient speed by circular letters call a meeting of the supervisors for that purpose,

Curtenius

clothing.

And be it further enacted by the authority aforesaid, That Peter T. Cur- Peter T. tenius Esquire, commissary of cloathing for this State, shall be and he is to purhereby authorized with the monies herein after directed to be paid to chase him for that purpose, to purchase and cause to be made, such further etc. quantities of cloathing and accoutrements, as he shall deem necessary, suitable and proper, not only for the privates, but also for the officers, of the said troops, That the said Peter T. Curtenius, shall be, and he is hereby authorized to purchase either for cash, or upon the credit of this State, from the commissary general of hides in the American army, such numbes of raw hides as he shall from time to time deem proper, and the same to cause to be tanned and curried, or exchanged for leather in such manner as he shall conceive most beneficial for this State, and best calculated to answer the purpose of providing the said troops with shoes and accoutrements, That the said Peter T. Curtenius, Esquire shall be, and he is hereby authorized to deliver leather to the respective com

Payments

by State

manding officers of the said battalions or their respective orders, in such quantities as he shall think proper, for the purpose of mending the shoes of the said troops

And be it further enacted by the authority aforesaid, That the treasurer to be made of this State, shall be, and he is hereby authorized and required out of treasurer. the monies, which shall be in the treasury, to pay to the said Peter T. Curtenius, a sum not exceeding ten thousand pounds, to be applied and expended by him in purchasing and procuring cloathing and accoutrements for the said troops

May demand and

receive leather,

etc.

And be it further enacted by the authority aforesaid That the said Peter T. Curtenius shall be and he is hereby authorized and required to demand and receive from the persons who shall severally be possessed of the same any hides, leather or other materials proper for cloathing or accoutrements belonging to this State.

Preamble.

Flour,

meal or wheat purchased with in

tent to be sold may be seized

army.

CHAP. 5.

AN ACT more effectually to provide supplies of flour, meal and wheat for the army.

PASSED the 31st of October, 1778.

WHEREAS on suggestion of congress, and other due information it appears that by the wicked arts of speculators, forestallers and engrossers, in this and others of the United States, it is rendered difficult to obtain timely and sufficient supplies for the operations of the army and navy unless the most vigorous measures are without delay adopted to restrain practices so destructive to the publick weal. Therefore

Be it 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 all flour, meal or wheat purchased or which may be purchased with intent to be sold again, or to be exchanged or bartered for any goods, wares or merchandize or to be exported out of this State, shall be subfor use of ject to be seized and taken by the commissary general of purchases for the American army, or any of his deputies or agents, to and for the use of the said army, the person seizing and taking the same paying for such flour meal and wheat, at and after the rate following to wit, For wheat at the rate of five dollars per bushel, for flour at the rate of fifteen dollars per hundred weight and a proportional price for meal. And to the end that such seizures may be conducted with the greater order and to prevent abuses in the same

Agents

and depu

Be it further enacted by the authority aforesaid, That no person either ties not to as deputy or agent to the said commissary general, shall be authorized make seiz- to seize or take any such flour, meal or wheat unless he shall be properly duly ap appointed by writing under the hand of the said commissary general or pointed in under the hand of the commander in chief of the said army, for the time writing.

ure unless

being, or under the hand of a commandant of a department being a general officer, or under the hand of a deputy commissary general of purchases, in a department, and which said appointment shall be confirmed by the person administring the government of this State for the time Enquiry to being That where any deputy or agent so appointed as aforesaid, shall suspect that any flour, meal or wheat purchased with such intent as aforesaid is in the possession of any person or persons, he shall thereupon apply to a justice of the peace of the county where such flour,

be made

by justice of the

peace and

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