to be paid by the persons making use thereof: Provided nevertheless, That if any horses or wagons shall be impressed by virtue hereof and no use made thereof by the citizens [or persons] for whom they may be impressed, the expense thereof shall be paid by the state treasurer, upon the order of the president or vicepresident in council.

[Section X.] (Section XII, P. L.) And be it further enacted by the authority aforesaid, That this act shall be and remain in force until ten days after the meeting of the next general assembly of this commonwealth, and no longer.

Passed September 28, 1781. Recorded L. B. No. 1, p. 455, etc.

1

[10 Stats. 379.]

CHAPTER CMLVIII.

A SUPPLEMENT TO THE ACT ENTITLED "AN ACT TO PREVENT THE EXPORTATION OF BREad and floUR NOT MERCHANTABLE, AND FOR REPEALING, at a certAIN TIME, ALL THE LAWS HERETOFORE MADE FOR THAT PURPOSE.1

(Section I, P. L.) Whereas it has been found, by experience, that sundry amendments and alterations are necessary in the act, entitled "An act to prevent the exportation of bread and flour not merchantable, and for repealing, at a certain time, all the laws heretofore made for that purpose.

[Section I.] (Section II, P. L.) Be it therefore enacted and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in General Assembly met, and by the authority of the same, That when any flour shall be offered for sale which shall, on trial (agreeable to the form mentioned and directed in the aforesaid act), be found packed in casks made of unseasoned materials, every person so offering the same for sale shall be adjudged to pay into the hands of the inspector, for each and every such cask so found, the sum of two shillings; and the owner of such flour shall have his remedy against the miller or cooper who has furnished the cask, for the damages which he may sustain.

I The original roll of this act is missing and therefore it has been compared with the copy in the Act Books.

'Passed April 5, 1781, Chapter 936.

(Section III, P. L.) And whereas the penalty of five shillings per day on bolters, millers and bakers, for not entering their respective brands with the clerk of the quarter sessions in the counties where they reside, is considered as exorbitant and severe:

[Section II.] Be it therefore enacted by the authority aforesaid, That the said penalty shall be thirty shillings for every such neglect, to be recovered as a debt under forty shillings, by any person that will sue for the same, on proof made that the said bolter, miller or baker has exercised his [said] employment in manufacturing flour or bread for exportation, for one month, without having made such entry.

(Section IV, P. L.) And whereas the forfeiture of the casks and their contents, in case of deficiency of weight, is considered as too severe, since accidental deficiencies may happen, where no fraud was intended:

[Section III.] Be it therefore enacted by the authority aforesaid, That in all cases where casks of flour are found deficient in weight upon trial and examination, agreeable to the direction of the act aforesaid, the person so offering such deficient cask or casks shall forfeit, for every pound so wanting in weight, the sum of nine pence to be paid into the hands of said inspector.

(Section V, P. L.) And whereas, it has been found impracticable to brand all the casks of flour and bread offered for exportation with the arms of this state, agreeable to the directions contained in said act:

[Section IV.] Be it enacted by the authority aforesaid, That the said inspector shall stamp the said casks and the plugs (put into the holes made by the said inspector) with the letters S. P. And all casks with counterfeited stamps, as well as casks, the contents of which may have been changed after inspection, shall be liable to seizure and forfeiture, if offered for transportation out of this state.

(Section VI, P. L.) And whereas, doubts have arisen whether middlings can be exported out of this state under the aforesaid law:

[Section V.] Be it therefore enacted by the authority aforesaid, That it shall and may be lawful to export middlings; but every cask of middlings exported or offered for exportation shall, besides and exclusive of the miller's common brands, be branded by the miller with the

word MIDDLINGS at length, or be liable to seizure and forfeiture.

[Section VI.] (Section VII, P. L.) And be it further enacted by the authority aforesaid, That all fines and penalties herein mentioned shall be recovered and applied in manner and form as is directed by this act, and the act to which this is a supplement.

[Section VII.] (Section VIII, P L.) And be it further enacted by the authority aforesaid, That so much of the fifth section of the above-recited act as imposes a fine of five shillings per day on bolters and millers for the neglect therein mentioned, and the clause of forfeiture mentioned in the sixth section, and that part of the eleventh section which enjoins the branding casks with the arms of the state shall be and they hereby are altered and repealed.

Passed December 28, 1781. See the note to the Act of Assembly passed April 5, 1781, Chapter 934.

[10 Stats. 468.]

CHAPTER CMLXXV.

A SUPPLEMENT TO AN ACT, ENTITLED "AN ACT TO ALTER AND AMEND AN ACT, ENTITLED 'AN ACT FOR THE EFFECTUAL SUPPRESSION OF PUBLIC AUCTIONS AND VENDUES, AND TO PROHIBIT MALE PERSONS, CAPABLE OF BEARING ARMS, FROM BEING HAWKERS AND PEDLERS.

(Section I, P. L.) Whereas the commissions or recompense allowed to the auctioneers for the city of Philadelphia, the Northern Liberties and the district of Southwark, respectively, for the services by them performed, by virtue of the act of assembly, entitled "An act to alter and amend an act, entitled 'An act for the effectual suppression of public auctions and vendues and to prohibit male persons capable of bearing arms from being hawkers and peddlers,"" passed the twenty-third day of September, in the year one thousand seven hundred and eighty, have been remonstrated against by the merchants, traders and others residing within the said city, liberties and district, and are deemed more than adequate or necessary. And whereas, the exigencies of government require immediate additional funds for the support thereof:

Passed September 23, 1780, Chapter 919.

37639°-18-52

[Section I.] (Section II, P. L.) Be it therefore enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in General Assembly met, and by the authority of the same, That the auctioneers of the city of Philadelphia, the Northern Liberties and the district of Southwark, respectively, may and shall, from and after the passing of this act, have and receive for their expenses and trouble in selling any property at public auction, collecting the money and paying over the same without loss, the following allowance or reward and no more, That is to say: For houses, lands, tenements or real estates, and for ships or vessels, an half per centum; for wine, rum, sugar, coffee, tea and all other groceries, sold by the pipe, hogshead, tierce, barrel, bag, chest or box, one and a quarter per centum; and for horses, cattle and all other goods, wares and merchandises not before. enumerated or sold in smaller quantities than before mentioned, two and an half per centum. Provided always, That any person or persons may contract and agree with any of the said auctioneers to pay them for their services in the premises any less reward which they may be willing to accept.

[Section II.] (Section III, P. L.) And be it further enacted by the authority aforesaid, That every of the said auctioneers, from and after the passing of this act, is hereby authorized, empowered and required to demand and receive, over and above the sum mentioned in the aforesaid act, to which this is a supplement, an additional one per centum of the gross amount of the sales by him made in pursuance of the said act, for the use of this commonwealth, except for ships or vessels, houses and lots, and shall account for and pay over the same to the state treasurer within the time and in the manner directed with respect to the one per centum imposed by the said act, under the penalty in the said act mentioned.

[Section III.] (Section IV, P. L.) And be it further enacted by the authority aforesaid, That the several bonds given by the said auctioneers to the president for the faithful performance of the duties of them required by the aforesaid act shall be a security for the payment of the one per centum imposed by this act.

[Section IV.] (Section V, P. L.) And be it further enacted by the authority aforesaid, That the revenue arising from the sales by auction in the city of Philadel phia, the Northern Liberties and the district of South

wark, from and after the passing of this act, shall be and the same is hereby appropriated to the support of government and the administration of justice within this commonwealth.

Passed April 13, 1782. Recorded L. B. No. 1, p. 521, etc. See the note to the Act of Assembly passed September 23, 1780, Chapter 917, and the Act of Assembly passed December 7, 1783, Chapter 1063.

LAWS OF RHODE ISLAND.

[Printed from "Laws o. Rhode Island, Facsimile Reprint," Jan. 1776 to Dec. 1778, Feb. 1777 to Dec. 1777, Feb. 1778 to Dec. 1778, Jan. 1779 to Dec. 1779, Feb. 1780 to Nov. 1780, Jan. 1781 to Dec. 1783].

PASSED AT JANUARY SESSION, 1776.

[P. 237.]

Commanding

officer

of the

Troops to impress

etc.

It is Voted and Resolved, That in case any Body or Detachment of the Continental Troops shall march into Continental this Colony, the Commanding Officer thereof be and he wagons horses is hereby empowered to impress horses, cattle, carts and waggons, sufficient for the transportation of the Provisions, Baggage and Ammunicion of such Body or Detachment, to such Places within the Colony as the Service shall require.

[P. 246.]

An ACT for encouraging the Manufactures of Salt-Petre and Gun

Powder.

couraging the

Salt-Petre and

BE it Enacted by this General Assembly, and by the Au- Act for en thority thereof it is Enacted, That there shall be given and Manufactures of paid out of the Colony-Treasury a Premium or Bounty of Gun-Powder. Ten Pounds for every Hundred Pounds Weight of good and merchantable Salt Petre or Nitre, that hath been. made or manufactured in this Colony since the First Day of September last past, or that shall be made or manufactured therein before the First Day of January, One Thousand Seven Hundred and Seventy-seven, and so in Proportion for a greater or less Quantity. Provided always, That in case any Proprietor of Salt-Petre Works, or Manufacturer of Salt-Petre, shall, upon Application and Request made to him by any Person or Persons, neglect or refuse to communicate a full Account of the Materials out of which, and the Process by which, such Salt-Petre or Nitre is made, such Proprietor or Manufacturer shall not be entitled to have or receive the aforesaid Bounty or