USA > Connecticut > The public records of the State of Connecticut, from October 1776 to Ferbruary 1778, inclusive > Part 11
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It is therefore further enacted by the authority aforesaid, That all male persons from sixteen years of age to sixty, not included in that part of the militia called the train-band, or exempted from common and ordinary training, shall constitute an alarm list in this State (excepting members of the Council, of the House of Representatives and American Congress, for the time being, the Treasurer and Secre- tary of the State, ministers of the gospel, the president, tutors and students of Yale College for the time being, and negroes, indians and molattoes;) and if of sufficient ability in the judgment of the select- men of the town where they have their usual place of abode, shall respectively provide for and equip themselves with such arms and accoutrements as by law is directed for those of the train-band in the militia aforesaid; and shall in case of an alarm or orders given be under the command of such officers as by this act is directed ; any law, usage or custom to the contrary notwithstanding. Provided that no person above fifty years of age shall be compelled to march out of the State, nor such millers and ferry-men as the selectmen of the town shall judge necessary to excuse therefrom shall be obliged to march out of the town wherein they have their usual place of abode.
And that all such persons belonging to the alarm list may be formed into companies and the service to which they may be called to engage in be thereby rendered more agreeable to them,
Be it further enacted by the authority aforesaid, That the captain or commanding officer of the several militia companies shall forthwith take an exact list of the number and names of such as are of the alarm list, (excepting as before excepted,) who have their abode within the limits of their respective companies or trainbands, and deliver the same to the colonel or commanding officer of the regiment to which they belong; and said colonel and other field officers of such regiment shall thereupon, as soon as may be, divide and set off the same into companies, in the respective towns whereto they belong or
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to abide as they shall judge expedient, to consist as nearly as con- veniently can be of sixty-four privates, and to determine the rank of each and every company.
Provided nevertheless, that no person belonging to said alarm list shall be obliged without his consent to join a company belonging to any town in which he has not his usual place of abode, unless where there shall not be privates enough to make a company of thirty soldiers including officers; in which case, as also where there are any persons belonging to any place not incorporated, they shall be joined to such company as the field officers of the regiment within which they are shall see fit. And each company when so formed and set off shall by ballot in the presence of one of the said field officers, who shall cause them to be duly notifyed for that purpose, and shall preside as mod- erator, choose one captain, one lieutenant and one ensign; which choice shall immediately be certifyed to the General Assembly or in the recess of said Assembly to the Governor and Council of Safety by said field officer, who shall commissionate such persons pursuant to their election. And if said company so set off and notifyed to choose their said officers as aforesaid shall neglect or refuse to do the same, said field officers of said regiment, or either of them, shall nominate the most suitable and proper persons of said company to be appointed commission officers for such company so neglecting or refusing and certify the same as aforesaid, who shall be commissioned accordingly. And that each of the captains that shall be chosen or appointed as aforesaid shall, as soon as may be, call their respective companies together for the purpose of choosing one clerk, four serjeants, four corporals, one drummer and one fifer. And if the said company being called together for that purpose shall at any time neglect or refuse immediately to proceed to the choice of one or more non-com- missioned officer or officers so ordered to be chosen, the commission officers of such company, or the major part of them, shall by warrant under their hands in writing appoint such non-commissioned officer or officers which the said company shall have refused to choose as aforesaid.
And be it further enacted by the authority aforesaid, That the cap- tain or commanding officer of every such company shall on the first Monday of May and first Monday of October, annually, muster and call forth said company and examine their arms and accoutrements ; and if any such person belonging to the alarm list shall unnecessarily neglect to appear, after being duly warned, with his arms and accou- trements, he shall be liable to pay the same fine as is provided against those of the training band in like cases offending. And the said sev- eral companies that constitute the alarm list, in case of an alarm or of orders given by their superior officers to march for the defence of this or any of the United States of America, shall be under the com- mand of the general officers and of the field officers of the respective regiments of militia within whose limits they be that are or may be
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appointed from time to time, and be liable to be detached or drafted and to do the same military duties while on their march or in service, and to suffer the same penalties for not joining and marching when required as the militia companies or training bands are by law holden and subjected to. And when such companies shall be called into service, they shall take rank before the other militia companies: Pro- vided nevertheless, that if any person drafted or detached as afore- said, either from the alarm list or militia roll, shall forthwith procure an able-bodied effective man to inlist in his room and stead to the acceptance of the captain or muster-master of his company, or shall forthwith pay or secure to be paid within one month the sum of five pounds money to the treasurer of the town where he belongs, for the use of the town, such person shall be exempted from prosecution for neglect or refusal of his personal service in such detachment.
And be it further enacted by the authority aforesaid, That no non- commissioned officer or soldier drafted or detached for service in pur- suance of this act shall depart the same without licence of his com- mander, on pain of forfeiting the sum of fifteen pounds to the treas- ury of the town to which he belongs.
And it is further provided, That in case the commanding officer of the sixth brigade shall from time to time order the colonel or chief officer of the militia in Westmoreland to review and make return thereof to him he shall be excused from doing the same in his own person ; anything in this act notwithstanding.
Be it further enacted, That when the selectmen shall adjudge any person unable to equip and arm himself as in this act is required, they shall certify the same under their hands to the captain or command- ing officer of the company to which such person shall belong; and the said selectmen shall at the expence of the town arm and equip such deficient person, and the arms so provided shall be the property of such town, and the fines and penalties in this act provided for such as shall neglect or refuse to join and march when called for shall be appropriated for or towards reimbursing the expences of providing such arms.
And it is further enacted and provided, That when any person or persons incurring or liable to any fines or forfeitures in this act pro- vided shall pay or deliver such fine to the town treasurer of the town to which he or they belong, it shall excuse such person from any suit or prosecution thereon.
And whereas it is necessary to attain the good ends proposed by this act, that the Captain General should from time to time be informed of the state and strength of the military companies within this State,
Be it further enacted by the authority aforesaid, That the captain or commanding officer present in this State of every military company within the same, as well those of the militia as of the companies to be formed by virtue of this act, shall once in every two months make a return to the colonel or commanding officer of the regiment of the
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number and state of his company, therein setting down and distin- guishing the number of able-bodied effective men both officers and soldiers thereto belonging, those that may be then absent in public service, at sea or on journeys, and such as are sick and unfit for service. And that the colonel or commanding officer of each regiment of mili- tia in this State shall once in every two months make a return to the brigadier general of the brigade to which he belongs of the able-bodied effective men, those absent in public service, at sea or on journeys, and of those that are sick and unfit for duty within his regiment, agreeable to the returns he shall receive from the captains and com- manding officers of companies within the same. And that the several brigadiers general shall once in every two months make a return to the Captain General for the time being of the able-bodied effective men, those absent in public service, at sea or on journeys, and of those that are sick and unfit for duty within his brigade, agreeable to the returns he shall receive from the colonels or commanding officers of the regiments within the same.
And be it further enacted, That in case any captain or command- ing officer of a company shall refuse or neglect to make return of the number and state of his company as aforesaid, or shall knowingly and wittingly make a false or undue return of the same, and shall be thereof convicted, he shall forfeit and pay the sum of ten pounds, L. money, to be recovered by bill, plaint or information, in any court proper to try the same.
And whereas it is just that the services necessary for the defence of the State should be born and performed by those persons liable to the same in a just and equal proportion,
Be it further enacted by the authority aforesaid, That the private soldiers in the several companies of militia and those to be formed by virtue of this act be entered and reduced into a certain order and numbered in a muster-roll in manner following, viz: That the com- mission officers of each company shall and do as soon as may be call forth their said companies and divide them into four equal divisions, taking care that persons of the same office, family, business, trade or occupation be divided as much as may be and placed in different divisions. And that the said divisions immediately proceed to settle their turn of duty by lot in this manner, viz : That the figures 1, 2, 3, 4, be fairly wrote on slips of paper, and said slips being rolled up and put into a box or open vessell, that some person by each division appointed and chosen shall draw out of such box or vessell one of said slips, and that the turn of duty for such divisions shall be settled agreeable to the natural order of the figure the person by them appointed shall happen to draw. And that thereupon the soldiers of each division shall immediately proceed to settle their several turns of duty in manner following, viz : That a number of figures from 1 and upwards, equal to the number of persons soldiers in such division, shall be fairly wrote on slips of paper, which shall in the presence of
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the commission officers of such company be rolled up and put into a. box or open vessell ; and thereupon each soldier shall then and there openly and publickly draw out of such box or vessell one of said papers and the order in which cach soldier shall be entered in the muster-roll of such company shall be determined by the number he shall so draw, that is to say, the soldier who draws the figure 1 shall be first entered, and so in succession agreeable to the natural order of the figures they shall respectively draw.
And be it further enacted, That any person that shall hereafter arrive to the age of sixteen years, or otherwise become liable to do duty in any military company, his name shall be entered at the end of the muster-roll of such company and his turn of duty take place accordingly.
And be it further enacted, That when any draught or detachment shall hereafter be first ordered to be made from any company of the militia or any company to be formed by virtue of this act that the same shall be made of such persons as are and shall be first named and set down in the muster-roll of the same, and so in succession from time to time until every soldier in such company shall have taken his turn in service. Always provided, that when any detachment or draught is to be made for any service to be performed out of this State no person in the alarm list of the age of fifty years or upwards shall be detached for the same but shall for that time be passed by, and shall be detached and put upon the first service thence afterwards to be performed within this State. Provided also, that if any soldier shall be sick and unfit for duty, or absent at sea or on a journey at the time of his turn of service, he shall be drafted and take his turn of service upon the next draft after he shall recover his health and be fit for duty or shall return into this State.
And be it further enacted, That whenever any non-commission officer or soldier who shall be detached and ordered into service by virtue of this act shall refuse to muster and march upon the same and shall not procure some fit person to serve in his stead, it shall be the duty of the selectmen of that town to which he belongs to procure or hire a fit and able person to perform such service, for which pur- pose the fines inflicted by this or any former act and ordered to be paid into the town treasury, or so much of the same as shall be neces- sary, may be drawn out and appropriated for that use.
And whereas the method of recovering the fines and forfeitures inflicted by former acts for regulating the militia upon such persons as refuse or neglect to muster and march with the companies to which they belong when duly ordered and for other breaches of the same are found to be inconvenient,
Be it further enacted by the authority aforesaid, That when any person shall be guilty of any breach of said former acts or of this act by refusing or neglecting to march when legally ordered, or by deserting as aforesaid, or any other breach whereby a fine or penalty is forfeited
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to any public treasury, the captain or commanding officer of the com- pany to which such offending person belongs shall as soon as may be make a report and return in writing of the name of such person and the offence of which he is guilty subscribed with his name and office to, and the same lodge with the clerk of the county court of the county to which such person belongs, and such clerk shall from time to time as soon as may be certify the judge of such court of the num- ber of such returns and the names of the persons against whom, and said judge is directed to take care, that such persons be brought to tryall before the then setting or next session of such court, and in case such court be not then sitting or speedily to be holden, such judge shall appoint and call a special court for the tryal of such persons and shall give notice thereof to the said clerk and direct him to summon a jury to attend, and shall also direct the State Attorney of such county to enquire after and receive such reports so lodged and prepare the process against such persons, and such court at either of their sessions as aforesaid shall proceed to take cognizance of such offences, hear and try the same; and all fines and forfeitures found and adjudged by such court for any of the offences aforesaid shall belong to the treasury of the town in which such person did reside at the time of incurring the same, for the uses aforesaid, and execution shall be awarded accordingly, and the sum to be collected for such fine made payable to the treasurer of such town; and such treasurer is hereby authorized to enquire after and receive the same.
And it is further enacted, That on such tryal the report or return of such officer subscribed as aforesaid shall be admitted and allowed as legal evidence against such offender; any law, usage or custom to the contrary notwithstanding.
And be it further enacted, That if any such captain or command- ing officer shall neglect to make such report or return by the space of one month after the offence shall be committed, such officer shall forfeit and pay a fine or penalty of forty shillings for the use of the town to which he belongs, and the like sum for every month he shall neglect the same, unless he can satisfy the court or justice to whom he may be complained of that it was not a careless or wilfull neglect. And all informing officers are directed and specially impowered to make presentment of such officer who shall be guilty of neglecting his duty as aforesaid.
An Act to prevent Monopolies and Oppression by excessive and unreasonable Prices for many of the Necessaries and Conveniences of Life.
Whereas the rapid and exorbitant rise upon the necessaries and conveniences of life in this day of public calamity and distress is chiefly occasioned by monopolizers, the great pest of society, who pre- fer their own private gain to the interest and safety of their country, and which if not prevented threatens the ruin and destruction of the State, and the committees from the several States of New England
VOL. XVI .- 7
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have recommended that the prices of the necessaries of life be limited as hereinafter affixed :
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That for the future the rates and prices hereafter enumerated be affixed and settled within the State in manner following, viz: Farming labour in the summer season shall not exceed three shillings and four pence per diem, and so in the usual proportion at other seasons of the year, and the labour of mechanicks and tradesmen and other labour to be computed according to the wages and customs that have heretofore been adopted and practiced in the different parts of this State con- pared with farming labour. Good merchantable wheat shall not ex- ceed the price of six shillings per bushell. Good merchantable rye shall not exceed three shillings and six pence per bushell. Good merchantable indian corn shall not exceed three shillings per bushell. Good merchantable wool two shillings per pound. Pork from five to seven score 3477 per pound, from seven to ten 3}d per pound, and all above ten score 32d. Grass-fed beef of the best quality not to exceed 24s. per hundred weight, and so in that proportion for stall-fed beef, and likewise beef of an inferior quality. Raw Hides shall not exceed 3d. per pound. Good well tanned sole leather shall not exceed one shilling and five pence per pound. Good merchantable salt shall not exceed ten shillings per bushell. Good merchantable West India rum shall not exceed 68. 8d. per gallon per hogshead, seven shillings and eight pence for the single gallon, and 2s. per quart, and so in like proportion for the smaller quantities according to the aeenstomed usages for retailing, save allowing one penny per gallon for every ten miles the same shall be conveyed by land-carriage from the first port of delivery for the cost, risque and charge of carrying the same. New England rum of the best quality shall not exceed 3s. 10 per gallon per hogshead, 4s. per gallon by the barrell, and 4s. 6 by the single gallon, at the ports and places where the same shall be first distilled exelusive of the eask, and so in like proportion for smaller quantities according to the old and accustomed usages for retailing small quan- tities, save allowing one penny per gallon for every ten miles the same shall be conveyed by land-carriage from the place of distillery for the cost, charge and risque of carrying the same. Best Museo- vado sugar shall not exceed 54s. per hundred weight per hogshead, 60s. by the single hundred weight, and 8d. per pound, at the first port of delivery, allowing nine penee per hundred weight for every ten miles land carriage the same may be conveyed from the said first port of delivery, to defray the expenee of carrying the same. Molasses of the best quality shall not exceed three shillings and four pence per gallon by the hogshead, 3s. 8 per gallon by the barrell, and 4s. by the single gallon at the first port of delivery, allowing one penny per gal- lon for every ten miles land carriage the same may be conveyed from the first port of delivery, to defray the expence of carrying the same,
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making the accustomed and usual allowances for molasses of an in- ferior quality. American manufactured cheese shall not exceed 6d. per pound. Butter of the best quality shall not exceed 10d. per pound. Pease shall not exceed 8s. per bushell. Beans of the best quality shall not exceed 6%. per bushell. Potatoes commonly called Spanish potatoes, of the best sort, shall not in the fall of the year ex- ceed 1. 4d. per bushell, and not at any other season of the year exceed 2s. per bushell. Men's good yarn stockings shall not exceed 6s. per pair, and in such proportion to those of an inferior quality. Men's neat leather shoes of the best common sort shall not exceed 8s. per pair, and other shoes in proportion according to their quality. Salted pork by the barrell 220 pound weight in a barrell shall not exceed £4 4 0 per barrell. Cotton shall not exceed 3s. per pound by the bag and 3s. 8 by the single pound. Good oats shall not exceed 2s. per bushell. Good well dressed merchantable flax shall not exceed 10d. per pound. Good coffee shall not exceed 1s. 4d. per pound. Good tryed tallow shall not exceed 7gd. per pound. Good yard wide tow cloth shall not exceed 2s. 3d. per vard, and so in proportion ac- cording to its quality. Coarse linnens to be computed after the rate of tow cloth, allowing therefor the reasonable worth. Good yard wide striped flannels shall not exceed 38. 6d. per yard, and other flannels in proportion according to their widths and qualities, and other woolen cloths in like proportion.
And whereas considering that goods in general imported have of late owing to the unbounded avarice of some persons been sold by wholesale at the exorbitant advance of five and six hundred per cent. from the prime cost, and retailed out at the unreasonable profit of forty and fifty per cent. or more, in addition thereto, which has been the occasion of great oppression especially to the poor consumer ; and considering that notwithstanding the great risque of a voyage to and from Europe, the high rate of insurance, the difficulty of procuring articles suitable for the market, the loss upon those exported, the in- creased expences and length of the voyage, and the real necessity of importing many commodities from thence : Wherefore, to correct and rectify such exorbitances, and yet to allow the importer a reasonable profit, and also to act in conformity with the other New England States in this particular,
Be it further enacted by the authority aforesaid, That the price of European goods which have been or shall be imported, as also all such goods which have been or shall be brought into this State in any prize vessell, shall not exceed the following rates, viz: Woolen goods, coarse linnens, duck, ticklenburghs and oznabrigs, shall not be sold by wholesale at an higher rate than in proportion of two hundred and seventy-five pounds sterling for what cost one hundred pounds ster- ling in Europe, and not any other goods, wares or merchandize im- ported from thence or brought into any port in this State in any prize vessell shall be sold at wholesale at an higher rate than in the propor-
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tion of two hundred and fifty pounds sterling for what cost one hundred pounds sterling in Europe, excepting warlike and military stores, the prices of which need not be limited ; and the retailers of such goods shall not sell them at an higher advance than 20 per cent. upon the wholesale price.
And be it further enacted by the authority aforesaid, That whoso- ever shall contract or receive for labour, or vend, sell or receive for any of the above enumerated articles more than at the above rate or price thereto affixed, or for others not enumerated in an unreasonable dis- proportion thereto, the extraordinary risque and other special circum- stances considered, shall incur the following penalties and forfeitures, viz : For any and every article or articles sold at or under the price of twenty shillings a penalty of twenty shillings, and for each and every article or articles sold at an higher price than twenty shillings a penalty of the price at which they may be sold, which fines and forfeitures shall be recovered by action, bill, plaint or information, in any court proper to try the same. And the selectmen, committees of inspection, constables and grand-jurors of the several towns, and each or either of them, are hereby directed and especially required strictly to enquire into and due presentment make of all breaches of this act.
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