Forfeiture lieu of in that effectual collection of the said assessments of the said wheat and flour under the said act. Be it therefore further enacted by the authority aforesaid named in act re- That in lieu of the said forfeiture if any person assessed ferred to. Proviso as declaration on by persons not wheat, etc. in pursuance of the said act shall not within six days after such person shall be notified after the passing of this act by the said agent or either of his assistants or by any person employed by the said agents or either of his assistants for the purpose of the quantity of wheat or flour assessed upon such person. under the act aforesaid, and of the place where the same is to be delivered, deliver the quantity of wheat or flour assessed upon him or her, the person so offending shall forfeit double the value of the flour or wheat assessed upon such person, and which shall not have been delivered, estimated at the several prices mentioned in the said act and to be recovered by the said agent or either of his assistants in the name of the said agent in a summary way before any justice of the peace of the county, and the jurisdiction of such justice is hereby extended to such suit notwithstanding the sum in demand may exceed the sum of ten pounds and the justice shall issue execution forthwith after judgment any law to the contrary notwithstanding; and that the said monies when recovered shall be expended by the said agent in the execution of his office and in his accounts he shall credit the State with the amount thereof. to Provided nevertheless that if any person so assessed oath to be made shall previous to the commencement of such suit appear possessed of before the said agent or either of his assistants and declare upon oath and which oath the said agent and each of his assistants are hereby authorized to administer, that he or she, the said person was not at the time when he or she was so assessed or any time since, possessed of or did not own the quantity of wheat assessed upon him or her, beyond what was necessary to supply his or her family with bread until the first day of September next after the passing of this act and beyond what he or she hath sown upon his or her farm during the last seed time that in such case it shall not be lawful for the said agent or either of his assistants to commence such suit against the person taking such oath as aforesaid; and further that if upon the trial of such suit as aforesaid, the defendant shall take such oath as aforesaid before the justice before whom such trial shall be had and if the defendant shall thereupon pay the costs on both sides which shall then have accrued in such suit the justice shall be and is hereby prohibited from further proceeding in such suit. pealed. And be it further enacted by the authority aforesaid Parts of act reThat such parts of the said act passed the twenty fourth day of June last as inflict a penalty on persons neglecting or refusing to deliver quantity of articles assessed upon them respectively shall be and are hereby repealed. Provided nevertheless that nothing herein contained Clause not repealed. shall be construed to repeal a certain clause in the act entitled an "Act more effectually to draw forth the quota of supplies allotted to this State to procure further supplies and to repeal the laws prohibiting the exportation of flour meal and grain out of this State and the purchases of flour meal and wheat with intent to be sold again" passed the twenty second day of September last whereby the person administering the government is authorized to grant warrants of impress; so as in pursuance of such warrants there shall be impressed only from the respective persons assessed in pursuance of the said act passed the twenty fourth day of June last the deficiencies of the several articles assessed upon the said persons respectively. [1781, p. 346.] CHAP. 29. AN ACT to explain the act entitled "An act more effectually to collect the deficiencies in assessments of wheat and to lay an embargo on the exportation of flour meal and wheat ou of this State." PASSED the 15th of March, 1781. WHEREAS doubts have arisen on the said act whether Preamble. any person is authorized to grant a licence for the exporta tion of flour meal or wheat on any occasion whatsoever: for the removal whereof. Be it enacted by the People of the State of New York, represented in Senate and Assembly, and it is hereby enacted license exporta by the authority of the same, That it shall be lawful for the, Governor may person administring the government of this State for the tion of flour, etc. time being, by writing under his hand to licence the exportation of flour meal or wheat out of this State for such public uses and purposes as he shall deem expedient and under such limitations, restrictions and regulations as he shall think proper, and that each and every person who shall export any flour meal or wheat under and pursuant tinued in force. to such licence shall be and is hereby declared to be exempted from any pains or penalties for exporting flour meal or wheat contrary to the said embargo and all flour meal and wheat attempted to be exported under and pursuant to such licence before the said embargo is by the said act to take effect is hereby declared to be exempted from being impressed any thing in the said act to the contrary hereof in any wise notwithstanding. [1781, p. 361.] CHAP. 42. AN ACT further to continue an act entitled an act authorizing the person administring the government of this State to grant warrants of impress. PASSED the 27th of March, 1781. Be it enacted by the People of the State of New-York Act named con- represented in Senate and Assembly and it is hereby enacted by the authority of the same, That the act entitled An act. authorizing the person administring the government of this State to grant warrants of impress shall be and is hereby continued until the first day of January next. [1781, p. 383] AN ACT for repealing the embargo aws, and for remitting all penalties under them, and to repeal the law prohibiting the distilling of spirituous liquors from grain. PASSED the 27th of June, 1781. I. Be it enacted by the People of the State of New York, Laws repealed. represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That all laws of this State which lay an embargo on the exportation of flour meal or grain out of this State, so far forth as the same or either of them do lay such embargo, shall be and Penalties hereby are repealed-That all forfeitures and penalties remitted. under the said laws or any of them, for or by reason of an exportation, or an attempt to export any flour meal or grain out of this State contrary to the said laws, or either of them, except in cases where seizures have already been made, and except in case where suits have already been commenced, and are now depending for the recovery of any such forfeiture or penalty, shall be and hereby parties may com are remitted. That in all cases where seizures have been Cases where made and no adjudication had thereon, it shall be lawful pound, etc. for the parties to compound, and the forfeiture which accrued to the State shall thereupon be and is hereby remitted. And in case such composition shall not take place, it shall be lawful for the party who made the seizure to prosecute to an adjudication in like manner as if this law had not been made; and the forfeiture which shall accrue to the State, if the flour meal or grain shall be condemned shall notwithstanding be and is hereby remitted That in all cases where such suits are depending, it shall in like manner be lawful for the parties to compound, and such part of the penalty as accrued to the State shall thereupon be and is hereby remitted; and if * * * such composition shall not take place, it shall be lawful for the plaintiff to prosecute to judgment in like manner as if this law had not been made; and in case judgment shall pass for the plaintiff, such part of the penalty as accrued to the State, shall notwithstanding be and is hereby remitted, and the court shall award judgment only for such part of the penalty as accrued to the plaintiff, together with costs of suit, if the plaintiff would have been entitled to costs had this law not have been made-And that in all cases where flour meal or grain have been seized and adjudged forfeited under the Adjudications said laws, or either of them, every such adjudication, legalized. except in cases where writs of certiorari have already been brought for the removal of such adjudications shall be and hereby are declared good and legal, notwithstanding any defects or erroneous proceedings in such adjudication. in cases named pealed. II. And be it further enacted by the authority aforesaid, Act named reThat the act entitled "An act to prohibit the distilling of spirituous liquors from grain" passed the second day of March seventeen hundred and seventy nine, shall be and hereby is repealed. [1781, p. 384.] AN ACT for obtaining a supply of flour for the army. PASSED the 29th of July, 1781. Act to be ca Be it enacted by the People of the State of New York, rep-ried into execu resented in Senate and Assembly, and it is hereby enacted by tion, subject to the authority of the same, That the act entitled "An act 37639-18- 43 alterations. be made in gold of wheat. for procuring a quantity of wheat by an equal tax in kind," passed the twenty seventh day of March last, shall forthwith be carried into execution, subject to the alteraForfeiture, etc. tions herein after mentioned, that is to say:-That each person who shall not, within the time limited, deliver the quantity of wheat at which he or she shall be taxed, shall, instead of double the value of the wheat as specified in the said act, forfeit the sum of twelve shillings in gold or silver for each bushel not delivered, and in every case where a conviction shall be had a special clause shall be inserted by the justice of the peace in the execution requiring the said penalty to be levied in gold and silver— that in cases of abatements by the supervisor the respective persons shall notwithstanding be liable to pay the several quantities of wheat abated, under the penalty herein before mentioned, so as the said persons shall not be compelled to deliver the wheat so abated before Part repealed. the tenth day of August next. That such part of the said act as authorize's persons who may be taxed not exceeding one bushel of wheat, to pay paper currence Payments may instead of wheat shall be repealed-That in all cases it or silver instead shall be lawful, at any time before the expiration of the said time limitted to pay monies in gold or silver instead of wheat, at the rate of eight shillings in gold or silver for each bushel of wheat, and further that it shall be lawful for each person who shall be taxed exceeding five bushels of wheat, to deliver flour instead of wheat at the rate of one hundred weight of flour for every two Persons liable and an half bushels of wheat. That the respective they persons who have furnished wheat in pursuance of the paid for flour or act entitled "An act more effectually to draw forth the quota of supplies allotted to this State, to procure further supplies, and to repeal the laws prohibiting the exportation of flour meal and grain out of this State, and the purchases of flour meal and wheat with intent to be sold again" passed the twenty second day of September last, shall be liable to pay the several quantities of wheat at which they are respectively taxed notwithstanding the said persons may not have been paid for the flour or wheat furnished by them in consequence of the said act passed the twenty second day of September last, so as they shall not be compelled to deliver the flour or wheat at which they shall be taxed in consequence of the said act passed the twenty seventh day of March last before the first day of September next. * to pay notwithstanding they have not wheat furnished under act named. |
