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Forage, or his or their Agent or Agents agree to be just and reasonable; and if they cannot agree in the Price dePrice how which shall be paid therefor, said Civil Authority shall appoint three judicious indifferent Freeholders, who shall under Oath apprize said Articles of Forage and Building and the Use of such Articles of Transportation, at the Price at which said Articles of Forage and Building are then usually sold, and such Articles of Transportation are then usually let or hired out, which shall be paid to the Owner or Owners of the same, by the Person and paid. making such Application; which Apprisal shall preclude the Person from whom such Articles of Forage, Building or Transportation, or any other necessary Supplies or Assistance are taken, from any legal Demand for a higher Price.
And if it shall be found upon such Apprisal, that the Person from whom any of the aforesaid Articles are taken, has refused to take of such Quarter-Master-General or Commissary-General of Forage, or his or their Agent or Agents, a Sum equal to what such Articles are apprized, all the Cost of such Apprizal shall be deducted from the Sum which ought otherwise to be paid him; and he shall be debarred from any further Recovery. And that all Costs incurred by any Apprizal as aforesaid, of any Article taken by Force of this Act, shall be paid by the Person making such Application.
(1780, p. 545.)
An Act, to continue in Force an Act or Law of the General Assembly,
passed in October, 1778; entituled, An Act further to prevent Monopolizing and Engrossing, and to provide for obtaining Supplies for the Continental Army, Navy, and Militia of this State.
Be it enacted by the Governor, Council, and Represen-tinued in Force. tatives, in General Court assembled, and by the Authority of the same, That the said Act shall remain and continue in Force until the rising of the General Assembly in October next.
ACTS OF DELA WARE.
(Printed from “ Acts of the General Assembly of the Delaware State," etc., Printed by
PASSED AT SESSION HELD OCTOBER 20, 1778–FEBRUARY
[p. 3] An ACT to prohibit the Exportation of Provisions from this State beyond
the Seas, for a limited Time. WHEREAS it is expedient when a Scarcity of ProPreamble.
visions is likely to prevail, for the Legislature to take early and effectual Steps to preserve within their State such a Quantity of Provisions as may be adequate to the Necessities of the Inhabitants within the same, and those of the Neighbouring States, and also to prevent the Enemies of the United States receiving Supplies by the Capturing of Vessels: And whereas the Law made by the late General Assembly of Delaware for the Purpose aforesaid, intitled, “An Act to prevent the Exportation of Provisions from this State beyond the Seas” is expired, and it still appears necessary to prohibit such Exportation from this State;
Be it therefore enacted by the General Assembly of Delaware, and it is hereby enacted by the Authority of the same, That from and after the Publication of
this Act, it shall not be lawful for any Inhabitant or or any kind to Inhabitants of this State, or any Person or Persons this State, except, coming within the same, to export, or cause to be ex
ported therefrom, to any Port or Place without the Day of Septem- Stato, except Pennsylvania, the Jerseys, Maryland, and
the Eastern Shore of Virginia, not being in Possession of the Enemy, any Wheat, Flour, Rye, Indian Corn, Rice, Bread, Beef, Pork, Bacon, live Stock, or other Provisions, before the first Day of September next ensuing, unless this Act be suspended or revoked as herein after mentioned.
Provided nevertheless, That this Embargo shall not be construed to prevent the taking on board such Provisions as shall be necessary for the Stores only of any Ships or Vessels of War, or others trading to and from this State.
And be it further enacted by the Authority aforesaid,
That if any Inhabitant or Inhabitants of this State, Thoso presum- or any Person or Persons coming within the same, trary to this Act, shall, before the said first Day of September next ensuing, Lading, &c.
presume to lade, or cause to be laden on board any
before the first
ber next, unless, &c.
Ship or Vessel, any Wheat, Flour, Rye, Indian Corn, Rice, Bread, Beef, Pork, Bacon, live Stock, or other Provisions, from the same, with Intent to export such Articles to any Port or Place without the State, (except as before excepted) he or they, for every such Offence, shall forfeit the Articles of Provisions so attempted to be exported, together with the Ship or Vessel wherein the same shall be so laden, her Tackle, Apparel and Furni- ; Forfeiture how
disposed of. ture, the one Moiety or half Part thereof to the Person who shall sue for the same, and the other Moiety to and for the Use of the State, to be recovered on Condemnation had in the Court of Admiralty for this State.
And be it further enacted by the Authority aforesaid, That it shall and may be lawful for the President, with the Advice of the Privy Council, by Proclamation under his Hand, and the Great Seal of the State, at any Time, during the Continuance of this Act, to suspend the Operation thereof, either in Part, or in the Whole, or revoke the same, as to them may seem expedient. Signed by Order of the House of Assembly,
NICHOLAS VANDYKE, Speaker, Signed by Order of the Council,
THOMAS COLLINS, Speaker. Passed December 9, 1778.
PASSED AT SESSION BEGINNING JANUARY, 1779.
An ACT for the Quartering of Soldiers.
WHEREAS by the Declaration of Rights of this State it is established, That no Soldiers ought to be Preamblo. quartered in any House, in Time of Peace, without the Consent of the Owner, and in Time of War, in such Manner only, as the Legislature shall direct: And whereas it is necessary, during the present War with Great-Britain, to provide proper and convenient Quarters for the Troops of the United States, or any of them, when necessarily ordered within this State, or occasionally passing through the same;
Be it therefore enacted by the General Assembly of Delaware, and it is hereby enacted by the Authority of the same, That whenever any Requisition shall be made to the President or Commander in Chief of this State from the Congress, the Commander in Chief of the Continental Army, or any Person or Persons by the said
nor Ones to quarter them in; the
Congress or Commander in Chief duly authorised, that Quarters be provided for the Troops of the United States, or any of them, necessarily ordered within this State,
the President, or Commander in Chief, with the Advice President of Come of the Privy-Council, shall and may issue his Orders to may issue Orders the Justices of the Peace of the respective Counties of procure Quarters the State, requiring them to procure Quarters for such
Number of the said Troops within their respective Counties as he shall direct, in the Manner herein after prescribed.
And be it enacted by the Authority aforesaid, That the who are to hire said Justices respectively, or any two of them, shall, on ionte Herst i for the Receipt, of such Orders from the President or Com&c. but it a suf mander in Chief of this State, hire fit and convenient cannot be obtain, Houses for the Reception of such Troops and their Bag
gage; and if sufficient Quarters cannot be thus procured, then the said Justices, or any two of them, shall and may enter and quarter the Residue of the said Officers, Soldiers and Troopers, with their Horses and Baggage, in any empty or unoccupied House or Houses: And if sufficient
Quarters cannot be thus procured, then the said Justices, Romainder to be or any two of them, shall and may quarter and billet the the Tavernkeep remaining Officers, Soldiers or Troopers, with their
Horses and Baggage, in the Taverns or publick Houses of Entertainment in the Neighbourhood or Place assigned for them in Proportion to their Number and their
Ability and Convenience: And in case further Quarters thor Quarters shall still be wanting, it shall and may be lawful for the ing, with the in-said Justices, or any two of them, or any Constable by cording to their their written Order, to enter, quarter, and billet the
remaining Officers, Soldiers or Troopers, with their Horses and Baggage, in the House or Houses of the Inhabitants around, in Proportion to their Numbers, and the Abilities and Conveniences of the said Inhabitants.
And, in case of the occasional March of any Regiment, Detatchment, Troop or Company in the Services of the United States, or any of them, through this State, be it enacted by the Authority aforesaid, That it shall and may be lawful for any one Justice of the Peace, upon the Application of the Commanding Officer of such Regiment, Detachment, Troop or Company, to provide Quarters for such Troops in the Manner as herein before directed, as nearly as Time and Circumstances will allow; Providel, That no more Billets be ordered, than there are effective
And in case fur
Person thinking him or
Soldiers. And if any Person shall think him or her- Anki self aggrieved by having more Soldiers billeted on him herself aggrieved, or her, than in Proportion to his or her Neighbours, on lieved, on AppliComplaint thereof to any three Justices, or if the Billet-Justices, &c. ing be by one Justice, then on Complaint to two Justices, they may relieve such Person.
And be it enacted by the Authority aforesaid, That if any House shall be hired as aforesaid, the said Justice or Justices shall give a Certificate for the Rent to the Owner who are to give and his Assigns, and where any empty or unoccupied Ownershocchired House shall be taken as aforesaid, a Certificate shall Houses for Rent, also be given to the Owner and his Assigns for the Sum due for the same, to be ascertained either by Agreement, or by the Valuation of some disinterested Person on Oath, to be fixed on for that Purpose by the Justice or Justices aforesaid; and the said Certificates shall be paid by the County Treasurer, and a Receipt taken, to be which shall be allowed to him on Settlement of his Account with the County Troase State-Treasurer; and such Expence shall be charged to the United States, or such of them to whom such Troops shall belong, as the Case may be.
And, for Prevention, as far as possible, of any Damage to any House or Premises rented or taken as aforesaid, be it enacted, That it shall and may be lawful for any two Justices of the Peace, if required by the Owner thereof, Ramago done to to enter into such House, and if, on Examination they kinds the Fusshall find any Injury done or committed, they shall tices, de c. cause strict Enquiry to be made after the Person who committed the same, and shall direct the Damage to be valued by some disinterested Person on Oath, and if done by any non-commissioned Officer or Soldier, they shall give Notice of the Damage done, and (if discovered) the Name of the Offender, to the Officer commanding the Troops so quartered, and if done by or with the Permission or Connivance of any commissioned Officer, they shall give Notice thereof to the commander in Chief, and to the Officer commanding the Troops so quartered.
And be it further enacted by the Authority aforesaid, officers, That when any Officer, Soldier or Trooper shall be being furnished quartered and billeted in any Tavern or Public-house of be supplied by Entertainment, in pursuance of this Act, and not be Taverns furnished with the Ration allowed to such Officer, Soldier or Trooper, then, and in such case, the Owner of such Tavern or Public-house shall furnish such Officer, Soldier or Trooper with the Ration, or such Part of it as he can
the Koopers of