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Person from whom such Provisions are taken has refused to accept of such Commissary a Sum equal to what such Provisions are apprised at, the Costs of such Apprisal 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 Apprisal as aforesaid, and Price of Provisions taken by this Act, shall be paid by such purchasing Commissary. Persons falsely That if any Person falsely pretending to be employed chase for Com- by any Commissary or Quarter Master, shall purchase, or offer to purchase any Thing for the Use of either of said Departments, he shall forfeit the Sum of One Hundred Pounds Money, and double the Value of any Article or Thing which shall have been purchased by him; one Half of every such Forfeiture shall be paid to any Person who, upon his own Costs, shall legally convict any such Offenders, and the other Half to the Public Treasury of this State.

missaries, to forfeit, 1001. &c.

[blocks in formation]

That it be the indispensible Duty of all Informing Officers to prosecute the Offenders against this Act.

This Act to continue and be in Force until the rising of the General Assembly in May next, and no longer.

An Act repealed.

[1778, p. 505.]

An Act for repealing an Act, entituled, An Act for the regulation of the Price of Labour, Produce, Manufactures and Commodities within this State.

Be it enacted by the Governor, Council, and Representatives, in General Court assembled, and by the Authority of the same, That the Act, entituled, An Act for the Regulation of the Price of Labour, Produce, Manufactures and Commodities within this State, be, and the same is hereby repealed.

An Act continued.

[1778, p. 506.]

An Act for further continuing a Law of this State, made and passed by the General Assembly in December, 1776, for preventing the distiling of Spirituous Liquors from Grain.

Be it enacted by the Governor, Council, and Representatives, in General Court assembled, and by the Authority of the same, That the said Act shall continue in Force until the rising of this Assembly in October next.1

A copy of this act was not found.-J. R. C.

[1776, p. 507.]

An Act to compel the furnishing necessary Supplies; and Assistance to the Quarter-Master-General of the Continental Army.

Persons refus

Gen. any article

the same to be

rant.

Be it enacted by the Governor, Council, and Represen- ing to sell to the tatives in General Court assembled, and by the Authority Quartermaster of the same, That if any person or persons within this for use of Army, Colony shall, upon Request, refuse to sell or supply to taken by Warthe Quarter-Master-General of the Continental Army the Articles of Timber, Boards, Shingles, Brick or Stone, or to sell or let their Horses, oxen, Carts or Carriages for transporting the same, or to furnish any other necessary Supplies and Assistance for the Use of said Army, it shall be the Duty of any one Assistant or Justice of the Peace within this Colony, and they are hereby ordered and directed, upon Application to them made by any such Quarter-Master or Quarter-Masters; their Agent or Agents, to grant a proper Warrant or Warrants for the impressing from any such Person or Persons so refusing, any of the necessary Articles or Things aforesaid, or of any other Article or Thing needful for the Support or Supply of said Army or for the transportation of the same, directed to the Sheriff, his Deputy, Constable, or any indifferent Person within the County where such application shall be made; who shall impress, and cause an Apprizement to be made thereof, by two or more indifferent Men within said County, to be appointed by the Authority granting such Warrant, at the just and true Value, and deliver the same to said QuarterMaster or Quarter-Masters, their Agent or Agents, he or they paying to Owner or Owners thereof, or into the Hands of such Officers who shall impress the same, the Sum or Sums at which the said Article or Thing shall be apprised as aforesaid, or so much as shall be reasonable for the Use of such Horse or Horses, Oxen, Cart or Carriages, where the same shall be returned again to the Owners thereof, by his own Consent and Agreement.

[1779, p. 510.]

An Act for continuing in Force an Act, entituled, An Act to encourage fair Dealing, and to restrain and punish Sharpers and Oppressors.

An Act con

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 aforesaid Act be, and the same is

hereby continued, and shall remain in full Force during

the Pleasure of this Assembly, so far as the same relates to any Prosecution, Suit or Actions commenced for the Breach of said Act, and now depending before any Court of Record.

Articles for the Army may be impressed by Warrant.

Owner

not shewing sufficient Reason, &c.

[1779, p. 511.]

An Act to compel the furnishing necessary Supplies and Assistance to the Quarter-Master-General and Commissary-General of Forage, of the Continental Army.

Be it enacted by the Governor, Council, and Representatives, in General Court assembled, and by the Authority of the same, That upon Application made by any QuarterMaster-General or Commissary-General of Forage, his or their Agent or Agents, to an Assistant and Justice of the Peace, or two Justices of the Peace, stating the Necessities he or they are under to obtain Supplies of Timber, Boards, Shingles, Brick, Stone, Hay, Oats and Straw, or Horses, Oxen, Carts and Carriages for transporting the same, or any other necessary Supplies and Assistance, (Wheat, Rye and Indian Corn excepted) for the Use of the Army or Militia of this State, and that it is not in his or their Power to purchase such Articles of Forage or Building, or hire the aforesaid Articles of Transportation as are then wanted, the said Civil Authority shall consider the Subject of said Application, and if they shall judge the same well founded, they are hereby authorized and directed to issue a Warrant directed to the Sheriff or Constable proper to serve the same, designating therein the Person or Persons from whom such Articles of Forage, Building and Transportation shall be taken, also the Number and Quantity thereof, who shall impress or take the same for the use of the Army, or Militia or this State, as the Case shall require.

And if the Person or Persons to whom such Articles belong, shall not forthwith shew to said Civil Authority a Reason which shall by said Authority be judged sufficient, why such Articles should not be so impressed and taken as aforesaid, such Articles shall be delivered to such Quarter-Master-General or Commissary-General of Forage, or his or their Agent or Agents, he or they paying to the Owner or Owners thereof, or into the Hands of the Officer who shall impress the same, such Sum or Sums as the Owner of the Articles so impressed, and such. Quarter-Master-General or Commissary General of

determined,

Forage, or his or their Agent or Agents agree to be just and reasonable; and if they cannot agree in the Price Price 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.

An Act con

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.

1778.

Preamble,

No Provision

be exported from

&c.

ACTS OF DELA WARE.

[Printed from "Acts of the General Assembly of the Delaware State," etc., Printed by James Adams.]

PASSED AT SESSION

HELD OCTOBER 20, 1778–FEBRUARY

3, 1779.-
[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 Provisions 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 of 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 exported therefrom, to any Port or Place without the Day of Septem- State, except Pennsylvania, the Jerseys, Maryland, and ber next, unless, 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.

before the first

&c.

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, Those presum- or any Person or Persons coming within the same, trary to this Act, shall, before the said first Day of September next ensuing, presume to lade, or cause to be laden on board any

ing to export con

to forfeit Vessel, Lading, &c.

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