of all Kinds not to exceed Two shillings per Yard, prime Cost in Europe, Drugs and Medicines, Duck of all Kinds, Cordage, Tin-Plates, Copperas, Allum, Files, Brimstone, Felt Hats, Nails, Window Glass, Salt, Wire, Steel, wool and cotton Cards, naval and military Stores. That all woollen Cloths, Blankets, Linens, Shoes, Stockings, Hats, and other Articles of Cloathing suitable for the Army, heretofore imported, which are or shall be seized and taken by Order of Authority, for the Use of the Army, shall be estimated at the Rate of one Dollar Continental Currency, for each Shilling Sterling, prime Cost of such Goods in Europe, with the Addition of the stated Allowance for Land Carriage, if any there be, to the Place where taken; and in Case the prime Cost of any Goods imported from foreign Parts, cannot be ascertained, the same shall be estimated by the Judgment of two skilful, judicious, and disinterested Men, under Oath. Venders of im And all Venders of imported Articles, shall produce an ported Articles to authentic Invoice of the prime Cost, made agreeable to produce Invoices, the real Cost of the Goods at the foreign Port where purchased; or if that can not be done, according to an Estimate made as aforesaid. And when any Vender of such Goods is on Trial on a Complaint for selling the same above the stated Price, he shall be adjudged guilty thereof, unless he can shew by such authentic Invoice, or other sufficient Evidence, he is not guilty. to retailers of Goods. That no Traders, Retailers, or venders of foreign Goods, Allowance Wares, or Merchandize, shall be allowed more than at the Rate of twenty-five per Cent. Advance upon the Price such Goods, Wares or Merchandize are, or shall be first sold at, by the Importer or Captor, agreeable to this Act, with Addition only of the Cost and Charges of transporting them from the first Port of delivery in this or a neighbouring State to the Place where the same shall be sold and delivered by Retail, not exceeding the Price stated in this Act for Land-Carriage. Innholders, That no Innholder in this State shall receive more than, Allowance to fifty per Cent. Advance on the wholesale Price of any Liquors, or any foreign Articles herein stated, and by them sold in small Quantities, with Additions only of the stated Allowance for Land-Carriage, if any be, nor for any other Articles of Entertainment, Refreshment, or Forage, more than at the Rate of Seventy-five per Cent. Advance upon the Price the same were at in the same Places in the Year 1774. And be it further enacted, That the Prices of Labour, be Charges of Innholders, and the Prices of such Articles of Au- American Produce and Manufacture as are not particu Prices of Articles not enumerated, to ascertained by the Civil thority, &c. Penalty for a Breach of the Act. Oath to be taken. The Form. larly enumerated and stated in this Act, shall be ascertained by the Civil Authority and Select men in the respective Towns in this State, according to the Rates or Proportion in this Act prescribed; who shall make a List of such Articles, with their Prices affixed, and lodge the same with the Town-Clerk, by the 20th of March next; or if not compleated by that Time, as soon after as may be: And no Person or Persons shall receive more for any such Article or Articles than shall be affixed to them as aforesaid. And whosoever shall ask, demand, contract for, or receive for Labour, or any of the Articles enumerated or described in this Act, more than at the Rate or Prices at which they are stated, either in Bills of Credit of this or the United States, or by Way of Barter or Exchange, shall forfeit and pay for every Article for which a Sum not exceeding Forty Shillings is received, or contracted to be received, a Penalty of Forty Shillings, and for every Article for which a greater Sum is received, or contracted to be received, a Penalty equal to the whole Price contracted for, or received for such Labour done, or Article sold, contrary to this Act as aforesaid; to be recovered by Bill, Plaint or Information. And any Person who shall be convicted before the County Court and is unable to pay said Penalty, the Court may dispose of such Person in Service, on Board any armed Vessel belonging to this State, or in any Regiment or Company raised for the Defence of this State, for a Time sufficient to pay the same. And every Person convicted of the Breach of this Act, shall thenceforth be incapable of bearing any Office, Civil, or Military, in this State, or of prosecuting or maintaining any Suit at Law, or of taking out any Executions. And be it further enacted, That no Person resident in this State, shall commence or maintain any Suit either in Law or Equity, in any Court, or before any Assistant or Justice of the Peace in this State, after the twentieth Day of March next, during the continuance of this Act, unless and until he shall take the following Oath before lawful Authority, viz. You swear by the ever-living GOD, that you have not wittingly and willingly received or contracted to receive for any Labour done, or Article sold by you, or any other Person in your Behalf, and with your thereof. And a Certificate thereof shall be endorsed upon the Certificate Writ or Process, or annexed thereto, by the Authority granting the same; and every Writ or Process granted without such Certificate shall abate. Provided nevertheless, That if any Person who shall A Proviso. have been guilty of the Breach of this Act, against whom no Prosecution hath been instituted, will and do render an Account under Oath, before the County Court, or an Assistant or Justice of the Peace, of all that he shall have taken for any Labour done, or Commodity sold, over and above the stated Price, and pay double the Amount of such Surplus to said Authority, (the one Half or Moiety thereof to the Person or Party injured, and the other Half to be disposed of as hereafter in this Act is provided, for the Use herein after mentioned), and the same being certified on any Writ in Favor of such Person, the same shall be valid; any Thing before in this Act to the contrary notwithstanding. posed of. And all Sums of Money received for Fines or Forfeit- Fines how disures by Virtue of this Act, on Conviction or Confession before the County Court, shall belong to the County Treasury, in the same County; but if the Conviction or Confession be before an Assistant or Justice of the Peace, the Forfeiture shall belong to the Treasury of the Town in which the Conviction or Confession is had; unless the same be recovered at the Suit of the common Informer; who, on prosecuting the same to Effect, shall be intituled to the whole Penalty. And whenever any Person shall be brought to Trial for the Breach of this Act, in receiving for Labour or Articles sold, more than the stated Price, such Person shall be deemed and adjudged guilty thereof, although the Complainant shall not be able to produce any other Proof than to render it probable, unless such Person Mode of Proof shall make Oath before the Court before whom such Person is on Trial, that he or she hath not been guilty of the Facts charged against him or her in the Complaint or Information; which Oath such Court is hereby empowered to administer. And all Informing Officers are hereby authorized and directed to make diligent Enquiry after, and give Information of all Breaches of this Act which shall come to their Knowledge. And all Goods and Commodities that shall after the twentieth of March next, be impressed and taken for the Use of this State, or the United States, agreeable to any Laws heretofore made, shall be paid for at the Price stated in this Act; any Thing in said former Laws to the contrary notwithstanding. Provided nevertheless, That nothing in this Act shall extend to hinder or prevent bartering or exchanging between Neighbours, according to the Usages and Customs in the several Towns in this State in the Year 1774, for their own and Families Use and Consumption only. to Preamble No person to go mit. [1778, p. 490] An Act more effectually to prevent illicit Trade. WHEREAS sundry ill-minded Persons have, and do continue to carry on a clandestine Trade and Commerce, with the Enemies of the United States of America, to the great Danger of the Liberties and Safety of the good People of these States. Which to prevent: Be it enacted by the Governor, Council and Representa&c. without l'er- tives, in General Court assembled, and by the Authority of the same, That no Person or Persons whatsoever, shall at any Time pass or go from any Place or Town in this State, to Long-Island, or any other Island or Place in the Possession of, or under the Controul of the Enemy, until he or they shall first obtain a Licence or Permit therefor, in Writing, under the Hands of the Select-men of such Town where he or they shall go from, or the major Part of them, and one Assistant or Justice of the Peace, on Penalty of One Hundred Pounds, lawful Money; to be recovered by Bill, Plaint, or Information. And if on Conviction before any Court proper to try the same, such Deliquent shall refuse or be unable to pay said Fine or Penalty, said Delinquent shall, by such Court, be bound over to serve in any Company raised for the Defence of this State, or on Board any Ship or Vessel of War belonging to this, or the United States, without any Bounty or Wages, or be confined in Goal, at the Discretion of the Court Penalty. before whom such Conviction is had, for a Term not exceeding one Year. given. And be it further enacted, That said Select-men and Civil Authority shall not give such Licence or Permit to any Person or Persons whatsoever, until he or they become bound with sufficient Surety, to the Treasurer Bond to be of this State, in the Sum of Four Hundred Pounds, and lodge the same with such Authority, with Conditions, that he or they shall not, directly or indirectly carry with them any Money, Wares or Merchandize whatsoever, for the Purpose of carrying on any Trade or Commerce with the Enemy, or with any Person or Persons whatsoever on any of the said Islands or Places within the Enemy's Lines or Possession; and that he or they shall not, by any Way or Means whatsoever, purchase or buy any such Wares, Goods or Merchandize, at, or on any of the said Islands or Places within the Enemy's Lines aforesaid, or import the same into this, or any of the United States, during the present War. And be it further enacted by the Authority aforesaid, That when any Wares, Goods or Merchandize, shall be found in this State, imported from Long-Island, or any other of the aforesaid Islands or Places within the Enemy's Lines, contrary to this Act, shall be deemed forfeit to the Finder: And whosoever shall find the Goods forfeit. same, may apply to some Assistant or Justice of the Peace, who (on Application of such Finder, and giving sufficient Bond for Prosecution) are hereby impowered and directed to grant a Writ or Warrant directed to some proper Officer to seize the same, and them keep in safe Custody, until released by due Order of Law. And said Finder may, and shall, Libel the same, and proceed to Trial in and before the Maritime Court in such County where such Goods are found, in the same Manner as by Law is provided in Case of Captures taken from the Enemy on the Sea. And if any such Goods are taken in the Sound, going from this State to LongIsland, or any other Island or Place within the Enemy's to be libelled. Lines, or coming from any of said Islands or Places, contrary to this Act, they shall be deemed lawful Prize to the Captors, and shall be subject to be libelled, and proceeded with in the same Manner as in other Captures taken from the Enemy. And be it further enacted by the Authority aforesaid, That the Select-men of the several Towns in this State, shall have full Power and Authority, by and with the Boats to be haled up. |