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And provided further that it shall be lawful for the said May make pay: persons to pay the certificates which they may have cates. respectively received for the flour or wheat furnished by them in consequence of the said act passed twenty second day of September last, instead of the wheat which they may be respectively taxed in pursuance of the said act passed the twenty seventh day of March last, at the rate of twelve shillings of the sum specified in such certificate for each bushel of wheat at which they may be respectively taxed–That such part of the said Part of act ro

. act passed the twenty seventh day of March last as directs the agent to apply the monies which may come to his hands in pursuance of the said act to the payment of the said certificates last mentioned shall be repealed and that the monies, which may come to the hands of the said agent in pursuance of this act and arising from payments in specie instead of wheat, shall be applied by the said agent, in purchasing wheat or flour, and to no other purpose whatever.

PASSED AT FIFTH SESSION BEGINNING AUGUST 9, 1781.

[1782, p. 482]

CHAP. 40.

AN ACT for the further direction of the State agent, with respect to forage, and the collection of specific supplies.

Passed the 13th of April, 1782. WHEREAS the army of the United States heretofore Preamble. have taken and been supplied with forrage, pasture, firewood, timber and other articles belonging to this State, without any account having been taken or vouchers given for the same

And whereas it is probable that the army will operate attende armyt for in this State in the ensuing campaign, and it may there-purpose of sup

. fore be necessary that they should be furnished with similar articles belonging to this State, or the inhabitants thereof, and in order to obtain payment therefor it is requisite that some person should be appointed to take account thereof, receive vouchers, and superintend the same

I. Be it therefore enacted by the People of the State of New York, represented in Senate and Assembly, and it is

eten how be hereby enacted by the authority of the same, That it shall determined. be, and is hereby made the duty of the State agent,

either by himself, or such deputy or deputies as he shall appoint, to attend the army whenever the said agent shail judge it necessary for the purpose of supplying the said army, or any detachment thereof, with any forage or pasture belonging to this State, which the quarter master general or any of his deputies may apply for to the said agent or his deputy, and to receive payment or proper certificates or vouchers for the same, according to the valuation which shall be agreed on by and between the said agent or his deputy, and the quarter master general or his deputy. And in case of

And in case of any such supplies of forrage, grass, timber, wood or other articles belonging to this State, being furnished to, or supplied for the use of the army, if the said agent or his deputy cannot agree with the quarter master or his deputy upon the value of any such article or articles so supplied or taken, or cannot agree on one or more persons to determine the same, to ascertain the value thereof, it shall be lawful for the said agent or his deputy to choose one person, provided the quarter master or his deputy will choose another person, which two persons so chosen, in case they cannot agree may choose a third person, and the judgment of any two of the said three persons so chosen, shall be binding in respect to the value and quantity of such article so taken or supplied.

II. And be it further enacted by the authority aforesaid, That it shall be, and it is hereby made the duty of the said agent or his deputy, in like manner as aforesaid to agree on the value of any forrage, pasture, timber, wood or other articles, which may be supplied to the army as aforesaid, from any farm or plantation where no person is in possession thereof, although the same may not be the property of the State, and to receive the money or take a certificate therefor; noting in a book to be kept by him for that purpose, the quantity and value of such articles and the name of the person to whom the same may be deemed to belong.

III. And be it further enacted by the authority aforesaid, That whenever the army shall be furnished with any forrage, pasture, timber, wood or other articles, from the farm or plantation of any person who may be in possession of the same, or which may be in possession of any other person by his order or appointment, and any diffi

Ibid.

Ibid.

culty shall arise either in ascertaining the value, or in obtaining payment or proper certificates or vouchers therefor, it shall be the duty of the State agent or his assistant, upon application in writing, of any such person to agree with the quartermaster or his deputy on the value of such article, or cause appraisment thereof to be made as aforesaid, and to receive payment or proper certificates or vouchers therefor, to the use of the said person or persons, to whom he shall pay or deliver the same.

VI. And it is hereby further enacted by the authority aforesaid, That the State agent be, and is hereby directed Value of wheat

etc., sequestered by witnesses or otherwise, to ascertain in the best man

to be ascertained. ner in his power, the quantity and value of the wheat, forage, pasture, firewood and timber, sequestered or forfeited to the people of this State, which has been supplied by this State to the United States, or which has been taken or made use of by the army of the United States in this State, for which no account has been made or rendered or voucher given, in order that the same may be charged by this State to the United States.

V. And it is hereby further enacted by the authority aforesaid, That after the passing of this act, no suit shall be Agent not to commenced by the State agent in pursuance of the act, entitled "An act to procure supplies for the use of the army, and to prevent a monopoly of cattle within this State, and more effectually to prevent supplies of cattle to the enemy," passed the twenty fourth of June, seventeen hundred and eighty: and that the said State agent shall not commence any suit against any person, whose house barn or crop of grain has been destroyed by the enemy since the twenty seventh day of March seventeen hundred and eighty one, and whose name shall be delivered to the assistant State agent, by the respective supervisors of the different districts, for any tax or assessments made in pursuance of an act entitled "An act for procuring a quantity of wheat by an equal tax in kind,” passed March twenty seventh seventeen hundred and eighty one, or in pursuance of the act entitled "An act for obtaining a supply of flour for the army," passed the twenty ninth day of June last.

commence suits.

LAWS OF NORTH CAROLINA.

[Printed from “The State Records of North Carolina,” published under the supervision

of the trustees of the Public Libraries, by order of the General Assembly, collected and edited by Walter Clark, Chief Justice of the Supreme Court of North Carolina, Vol. XXIV (Laws 1777–1788), printed by Nash Bros., Book and Job Printers, Golds boro, N. C., 1905).

SESSION BEGINNING APRIL 14, 1778.

(1777, p. 113, 116).

CHAPTER 15. An act to amend an act entitled, An act to establish the militia in this

state.

*

SEC. XVIII. Be it further enacted, that no officer or soldier of the militia or regulars in the state shall press any wagon, cart or horse, arms or other things, or anything whatsoever, unless authorized thereto by warrant under the hands and seals of two justices of the peace (not being militia officers then in actual service) of the county where such press shall be necessary, and any officer or soldier before he shall press anything as aforesaid, shall demand the sale peaceably from the owner or possessor thereof, and in case of refusal, shall produce his warrant aforesaid before he proceeds to press, and if the owner or possessor shall still refuse the thing demanded, it shall be lawful to press the same; and every officer or soldier who shall offend against this act, shall forfeit and pay ten pounds for every such offense to the person injured and be liable to the action or actions of the party aggrieved, to be recovered before any jurisdiction having recognizance thereof; and everything so pressed or obtained shall be valued by two indifferent persons, on oath, and a certificate of the valuation given by such valuers to the owner or possessor from whom the same shall be pressed or obtained, in order that if the same shall not be restored to the owner or possessor, he may be allowed such valuation by the public.

[1778, p. 168]

CHAPTER XII.

An Act to prohibit the Exportation of Beef, Pork, Bacon, and Indian

Corn.

I. Whereas the Scarcity of Provisions in this State renders it necessary to lay an Embargo on the Exportation of Beef, Pork, Bacon, and Indian Corn;

II. Be it Enacted by the General Assembly of the State of North Carolina, and it is hereby Enacted by the Authority of the same, That from and after the passing of this Act, no Beef, Pork, Bacon, or Indian Corn, shall be exported out of this State, by Land or by Water, by any Person whatever, except only such as shall be sent thereout for the support of the continental Army, or of any Troops sent out of this State, by the Agents, Contractors or Commissaries, acting under Appointments from thi; State, or the United States, or any of them, and except also such Quantity as may be necessary for the Crew of any Vessel going out upon a Voyage or Cruize, and such as may be purchased by the Agents of the United States, or any of them, as Sea Stores for any Vessels sailing on a Voyage or Cruize in the Service of the said United States, or any of them: And any Person who shall export, or endeavour to export, any Beef, Pork, Bacon, or Corn, contrary to this Act, by Water, shall forfeit the Provisions so endeavoured or attempted to be exported, and the Vessel wherein the same shall be found; and the several Naval Officers in their respective Ports, and the Justices of Peace in the Counties contiguous to Navigation, are hereby authorized and expressly required to seize the same in the Name of this State, and upon Recovery had, such Provisions and Cargo shall be sold, and the Money arising from the Sale applied, one Half to the Use of the State, the other Half to the Use of the Person suing for the same: And any Person who shall export, or attempt to export, any Beef, Pork, Bacon, or Corn, by Land contrary to this Act, shall upon Conviction forfeit and pay double the Value of such Provision; to be recovered by, and to the sole Use of any Person who shall sue for the same, in any Court having Cognizance thereof.

III. And be it further Enacted, by the Authority aforesaid, That if any Justice of Peace, from his own Knowledge, or the Information of others, shall have just Cause to suspect that any Pork, Beef, Bacon, or Corn, is about to be carried out of this State contrary to this Act, he may issue his Warrant for seizing the same; and if the Owner shall not give Security within Twenty Days after such Seizure, that he will not carry or send the same out of this State, such Justice may either retain such Provisions for Public Use, or cause the same

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