USA > Connecticut > The public records of the State of Connecticut, from October 1776 to Ferbruary 1778, inclusive > Part 61
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And a certificate thereof shall be endorsed upon the writ or pro- cess or annexed thereto by the authority granting the same, and every writ or process granted without such certificate shall abate. Provided, nevertheless, that if any person who shall have been guilty of the breach of this act, against whom no prosecution hath been instituted, will and do render an account under oath before the county court or an assistant or justice of the peace of all that he shall have taken for any labour done or commodity sold over and above the stated price, and pay double the amount of such surplus to said au- thority, the one half or moiety thereof to the person or party injured and the other half to be disposed of as hereafter in this act is pro- vided, for the use hereinafter mentioned, and the same being certi- fyed on any writ in favour of such person, the same shall be valid, anything before in this act to the contrary notwithstanding. And all sums of money received for fines or forfeitures by virtue of this act, on conviction or confession before the county court shall belong to the county treasury in the same county, but if the conviction or con- fession be before an assistant or justice of the peace, the forfeiture
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[February,
shall belong to the treasury of the town in which the conviction or confession is had, unless the same be recovered at the suit of the common informer, who on prosecuting the same to effect shall be en- tituled to the whole penalty. And whenever any person shall be brought to tryal for the breach of this act in receiving for labour or articles sold more than the stated price, such person shall be deemed and adjudged guilty thereof, although the complainant shall not be able to produce any other proof than to render it probable, unless such person shall make oath before the court before whom such per- son is on tryal, that he or she hath not been guilty of the facts charged against him or her in the complaint or information, which oath such court is hereby impowered to administer. And all inform- ing officers are hereby authorized and directed to make diligent en- quiry after and give information of all breaches of this act which shall come to their knowledge. And all goods and commodities that shall after the 20th of March next be impressed and taken for the use of this State or the United States agreeable to any laws hereto- fore made shall be paid for at the price stated in this act, anything in said former laws to the contrary notwithstanding : Provided never- theless, that nothing in this act shall extend to hinder or prevent bar- tering or exchanging between neighbours according to the usages and customs in the several towns in this State in the year 1774, for their own families use and consumption only.
An Act in Addition to a Law of this State entituled An Act for the Direction of Listers in their Office and Duty.
Whereas it may frequently happen that the listers in the several towns in this State by mistake may miscast the lists of their respective towns, whereby repeated applications are made to this Assembly : Which to prevent,
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That when- ever it shall so happen that the listers in any town in this State shall inadvertently miscast the lists of such town, it shall be the duty of such listers to certify the same under their hand to the Treasurer of this State, specifying the amount of the sums so miscast; and the Treasurer is hereby authorized and directed to abate said sums out of or add them to the general list of such town as the circumstances of the case shall require.
An Act more effectually to prevent Illicit Trade.
Whereas sundry ill-minded persons have and do continue to carry on a clandestine trade and commerce with the enemies of the United States of America, to the great danger of the liberties and safety of the good people of these States : Which to prevent ;
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That no person or persons whatsoever shall at any time pass or go from any
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OF CONNECTICUT.
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place or town in this State to Long Island or any other island or place in the possession of or under the controul of the enemy, untill he or they shall first obtain a licence or permit therefor in writing under the hands of the selectmen of such town where he or they shall go from, or the major part of them, and one assistant or justice of the peace, on penalty of one hundred pounds, lawfull money, to be re- covered by bill, plaint or information. And if on conviction before any court proper to try the same such delinquent shall refuse or be unable to pay said fine or penalty, said delinquent shall by such court be bound over to serve in any company raised for the defence of this State or on board any ship or vessell of war belonging to this or the United States without any bounty or wages, or be confined in goal, at the discretion of the court before whom such conviction is had, for any term, not exceeding one year.
And be it further enacted, That said selectmen and civil author- ity shall not give such licence or permit to any person or persons whatsoever untill he or they become bound with sufficient surety to the Treasurer of this State in the penal sum of four hundred pounds, and lodge the same with such authority, with conditions that he or they shall not, directly or indirectly, carry with them any money, wares, goods or merchandize whatsoever, for the purpose of carrying on any trade or commerce with the enemy or with any person or per- sons whatsoever on any of the said islands or places within the ene- mies lines or possession, and that he or they shall not by any way or means whatever purchase or buy any such wares, goods or merchan- dize, at or on any of the islands or places within the enemies lines aforesaid, or import the same into this or any of the United States during the present war.
And be it further enacted by the authority aforesaid, That when any wares, goods or merchandize shall be found in this State im- ported from Long Island or any other of the aforesaid islands or places within the enemies lines contrary to this act, shall be deemed forfeit to the finder, and whoever shall find the same may apply to some assistant or justice of the peace, who, on the application of such finder and his giving sufficient bond for prosecution, are hereby im- powered and directed to grant out a writ or warrant directed to some proper officer to seize the same and them keep in safe custody untill released by due order of law ; and said finder may and shall libel the same and proceed to tryal in and before the maritime court in such county where such goods are found, in the same manner as by law is provided in case of captures taken from the enemy on the sea ; and if any such goods are taken in the Sound going from this State to Long Island or any other island or place within the enemies lines, or coming from any of the said islands or places contrary to this act, they shall be deemed lawfull prizes to the captors, and shall be subject to be libelled and proceeded with in the same manner as in other captures taken from the enemy.
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PUBLIC RECORDS
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And be it further enacted by the authority aforesaid, That the- selectmen of the several towns in this State shall have full power. and authority, by and with the advice of some one assistant or justice of the peace for their respective counties, at their discretion to hawl up or otherwise secure any vessell, boat, skiff or other water- craft, which they shall have reason to suspect is intended to be im- proved for carrying on any of the evil practices forbidden in this act : Provided nevertheless, that this act shall not extend to prevent any friendly refugee from the islands aforesaid resident in this State from bringing over any of his or their effects left on said islands, or the produce of their lands or farms thereon, having first procured a licence or permit from the seleetmen and civil authority as aforesaid for that purpose.
Whereas by a resolution of Congress of the 22d of November last, it is recommended to this State to raise in the course of the current year by taxes for the uses of the United States for the sup- plys of the present war the sum of six hundred thousand dollars, which sum is not to be considered as the proportion of this State, but when raised and paid in to be placed to its credit bearing an interest of six per cent. per annum from the time of payment untill the re- spective quotas shall be finally ascertained and adjusted by the Con- gress of the United States agreeable to the confederation hereafter to be adopted and ratifyed by said States ; which recommendation is approved by this Assembly: And in order to carry the same into execution,
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That a tax of one shilling on the pound be laid on the list of polls and rateable estate of the inhabitants of this State given in for the year 1777, with the additions, to be levied and paid into the treasury by the first day of June next; and that a further tax of one shilling on the pound be laid on said list as aforesaid, to be levied and paid into the treasury by the first day of November next; and the Treasurer is hereby ordered to issue his warrants accordingly. Provided nevertheless, that for the relief of the indigent, who may be unable to pay their proportion of said taxes, the civil anthority and selectmen in the sev- eral towns are authorized and directed to abate either the whole or a part of the rates of such of the inhabitants of their respective towns as they shall judge stand in most need of such abatement, to the amount of one-twentieth part of such town's quota of said taxes, and lodge a list of such abatements with the town clerk and deliver a copy thereof to the collector, and the collectors shall be allowed credit for said abatement in their settlement with the Treasurer. And the Treasurer shall pay to the order of the Congress of the United States the amount of six hundred thousand dollars out of money that shall be brought into the treasury by said taxes, and debit the same to the account of the United States.
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OF CONNECTICUT.
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And be it further enacted and ordered, That the Treasurer shall forthwith issue his warrants for collecting both the aforesaid taxes ; and the collectors upon receipt thereof shall make up both said rates, that any persons who may choose to pay their proportion both at once may have opportunity.
Whereas by a resolution of Congress of the 22ยช of November last it is recommended to the Legislatures of the several States to refrain from further emissions of bills of eredit, and where there is a sufficient quantity of continental bills of credit for the purposes of a circulating medium, forthwith to call in by loans or taxes and to cancel the paper money, small bills for change under a dollar excepted, which such State has already emitted, and provide for the future support of gov- ernment by taxes to be levied within the year, or such other expedients as may produce a competent supply ; which recommendation is ap- proved : Therefore,
Be it enacted by the Governor, Council and Representatives, in Gen- eral Court assembled, and by the authority of the same, That none of the bills of eredit emitted by order of the General Assembly of this State, except bills under the value of one dollar, shall be current in any payment, trade or dealing in this State, after the twentieth day of March next, except in the State treasury or in payment of public taxes ; nor shall any of said bills be received into the treasury after the first day of July next, except from persons in the army or others who reside or are absent out of this State and have not opportunity to bring in the same by that time, upon proof thereof to the satisfaction of the Treasurer, the same may be received by him at any time before the first day of November next, and not afterward. That the possess- ors of said bills, on delivering them into the treasury within the time limited as aforesaid, shall receive of the Treasurer his promissory notes, or bills emitted on the credit of the United States, in exchange therefor. That the Treasurer be authorized to issue such notes pay- able at the expiration of one year after the date with interest at the rate of six per cent. per annum, of like form and tenor of those issued by act of the General Assembly in May last: the amount of the notes to be so issued not to exceed two hundred and thirty-five thousand pounds, nor any of them to be for a sum less than ten pounds.
An Act in Addition to an Act made and passed by the General Assembly holden at Hartford on the second Thursday of May, 1777, entituled An Act for raising and compleating the Quota of the Continental Army to be raised in this State. .
Whereas in and by said aet it is provided and enacted that any two men belonging to this State and not of the continental army, who shall procure an able-bodied soldier or recruit to inlist into either of the continental battalions to be raised in this State for the term of three years or during the war, shall be exempted from actual service, and from all drafts during the term for which they shall so procure
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PUBLIC RECORDS
[February,
such soldier or recruit to inlist: And whereas it is represented to this Assembly that sundry persons in this State have thereupon in a fraudulent manner presumed to procure to inlist prisoners of war be- longing to the British fleet or army and stationed within this State:
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That no person whatsoever shall be so exempted on account of any soldier or recruit hereafter procured to be inlisted, untill he shall procure from and under the hand of some proper recruiting officer a duplicate writ- ten certificate, specifying the name and place of abode of the soldier or recruit so inlisted, the time of his inlistment, the term of time for which he is inlisted, and the name and place of abode of each person procuring such soldier or recruit to inlist, nor untill such certificate shall be delivered to and lodged with the commanding officer of the military company to which such exempted person belongs, nor in any instance where any recruit procured to inlist shall appear to have been at the time of such inlistment a prisoner of war or belonging to the British army or navy ; any law, usage or custom to the contrary not- withstanding.
The Articles of Confederation and Perpetual Union proposed by Congress to be entered into by the thirteen United States of America being laid before this Assembly by his Excellency the Governor were read and maturely considered : Whereupon,
Resolved, as the opinion of this Assembly, That said articles in general appear to be well adapted to cement and preserve the union of said States, to secure their freedom and independence and promote their general welfare : but that with some amendments they may be rendered more perfect, equitable and satisfactory. Wherefore the Delegates of this State are hereby instructed to propose to the consid- eration of Congress the following amendments, viz :
1. That in the eighth Article, as a rule for determining each State's proportion of the common expence, instead of the value of the lands, buildings &c., as expressed in said Article, be inserted the num- ber of inhabitants in each State; this being in the opinion of this Assembly a more certain, equitable and practicable rule than the other. Trade and manufactures, which employ and support great numbers of inhabitants, being sources of wealth to a State as well as the produce of lands ; besides it will be very difficult, if not impossi- ble, to obtain such an estimate of the value of the lands and buildings in the United States as would do justice or give satisfaction to the several States.
2. That next after the fifth paragraph in the 9th Article be inserted the following clause, viz : Provided, that no land army shall be kept up by the United States in time of peace, nor any officers or pensioners kept in pay by them who are not in actual service, except such as are or may be rendered unable to support themselves by
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OF CONNECTICUT.
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wounds received in battle in the service of said States, agreeable to the provision already made by a resolution of Congress.
The foregoing amendments being agreed to in substance may be made in such manner and form as Congress shall think proper.
And whereas other amendments may be proposed by some of the other States, and it being highly expedient for the welfare and seeu- rity of the said States that the Articles of Confederation be finally concluded and ratifyed as soon as possible : Therefore,
Resolved, That the Delegates of this State who shall be present in Congress be and they are hereby fully authorized and impowered in be- half of this State. to agree to and ratify the said Articles of Confeder- ation with such amendments, if any be, as by them in conjunction with the Delegates of the other States in Congress shall be thought proper.
An Act for raising two Brigades for the Defence of this State.
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That there be forthwith raised by voluntary inlistment six battalions, to be held in constant readiness to march upon the shortest notice upon any tour of duty wherever the militia of this State are liable to be called ; which battalions shall consist of eight companys each, and each company of ninety men including officers, each of the field officers to command a company ; each company (except the field officers) to be commanded by one captain, and every company to have two lieutenants and one ensign, four serjeants, four corporals, one drum and one fife ; each battalion to be commanded by one colonel, one lieutenant-colonel and one major, who shall be appointed by the General Assembly of this State, which said field officers of each battalion shall nominate all the commissioned and staff officers of said battalions out of such as have borne like commissions, and to be commissioned by the Governor; and there shall be appointed to each battalion one adjutant, one quar- ter-master, one surgeon, a serjeant-major and quartermaster-serjeant. Which said battalions shall be formed into two brigades, each to be under the command of a brigadier general to be appointed by the General Assembly. And the non-commissioned officers and soldiers who shall inlist into the said battalions and furnish themselves with a good gun and bayonet, cartouch-box, blanket and knapsack, shall be allowed as a premium therefor, viz : ten shillings for a gun and bay- onet, two shillings for a cartouch-box, sixteen shillings for a blanket, and two shillings for a knapsack. And the said brigadier generals shall each have power to appoint a brigade major to cach brigade ; and each able-bodied and effective private who shall inlist and furnish himself as aforesaid shall be entituled to a bounty of three pounds ten shillings, exclusive of what is before allowed, and shall re- ceive the sum of twenty shillings per kalendar month during his con- tinuance in said battalion when they are not upon duty, and all com-
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[February,
missioned, non-commissioned and staff officers in said battalion shall receive half pay when they are not upon duty. And whenever they shall be called into actual service both officers and soldiers shall be entituled to the same pay, wages and rations, as the continental troops raised in this State have ; and if called and while serving out of this State, to the same refreshments on the same terms as said con- tinental troops, and their polls shall be exempted from all taxes dur- ing their continuance in said battalions.
And be it further enacted by the authority aforesaid, That said battalions shall be kept up untill the first day of March, 1779, unless sooner discharged ; and each of said companies shall be called out for military exercise once in every fifteen days, and said battalions shall be called out for regimental exercise three times in a year, at the dis- cretion of the colonel, and shall receive the same wages and rations when called out as aforesaid as when in actual service : Provided nevertheless, that said battalions nor any detachment therefrom shall be continued in actual service more than three months at any one time, to be computed from the time they shall arrive at the place of their destination ; and the said battalions shall be under the articles, rules and regulations formed by this State for preserving order, good government and discipline among the militia of this State when called into actual service. And said regiments shall be furnished with a sufficient quantity of cartridges, which shall be lodged in the hands of the commanding officer of each company, to be by him delivered out at his discretion as occasion may require ; and each regiment with one ammunition waggon, which shall be always in readiness for use; and when occasion requires each com- pany shall be supplied with a baggage cart or waggon, tents and other camp equipage, for which tents the commanding officer of each com- pany shall be accountable to the town from which they are received, and for the baggage carts or waggons and the camp equipage of his com- pany to the Treasurer of this State.
And be it further enacted by the authority aforesaid, That there be forthwith raised by inlistment as aforesaid two companies of matrosses or artillery, to consist of fifty men in each company includ- ing officers, to be inlisted and raised one out of each of said brigades, and shall have the same pay and wages as other matross companies in this State, and the same premium, and to be under the same regu- lations as to their pay and tours of duty as said battalions : each com- pany to be commanded by one captain, one captain-lieutenant, one lieu- tenant, one lieutenant fire-worker, four serjeants, four corporals, one drum and fife, and each of said companies of artillery shall have four field-pieces and one ammunition waggon provided by this State and horses to draw the same, and shall be furnished with such a quantity of ammunition as the brigadier general shall think needfull ; and said artillery companies shall belong one to each brigade, and have said field-pieces and stores kept at such places and stations as the said brigadier-general shall order and direct for the safety of this State.
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OF CONNECTICUT.
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Be it further enacted, That said battalions shall be from time to time subject to the orders of this Assembly, to the orders of his Excellency the Commander-in-chief of this State, and other their superior officers. And his Excellency the Governor and Council of Safety are authorized to make any orders and directions for carrying this aet into execution which may appear to be wanting and neces- sary : Provided, that if said battalions shall not be filled up in a rea- sonable time it shall be in the power of the Governor, with the advice of the Council of Safety in the recess of the General Assembly, to dis- charge so many of the commissioned officers as are supernumerary in proportion to the privates, according to the rules adopted by Congress, and such officers shall be allowed their proper wages to the time of their discharge.
Resolved by this Assembly, That bills of credit of the United States may be received by the Treasurer towards filling up the loan ordered in the present session for calling in and sinking the bills of credit of this State, and exchange the same for the bills of this State that may be brought into the treasury.
Resolved by this Assembly, That the Committee of Pay-Table be and they are hereby impowered and directed to adjust and settle the accounts of the non-commissioned officers and soldiers belonging to this State that were captivated on Long Island, in New York, Fort Washington and places adjacent, while in the service of the United States, and returned home between the first day of November, 1776, and the first day of February, 1777, and were siek with the small-pox or other disorders upon or soon after their return, which distempers it shall appear to have been taken before their return home, and draw orders on the Treasurer for what they shall find justly due for the charge and expences occasioned by such sickness, and charge the same to the United States.
Resolved by this Assembly, That six hundred copies of the act passed this Assembly for regulating prices of labour &c. be forthwith printed, and that Ezekiel Williams, Esq", be desired and directed forthwith to send a proper proportion of said copys to the several sheriffs in the respective counties, with orders to send a proper pro- portion thereof to the several towns in their counties by a special carryer, provided no opportunity shall immediately present to send the same otherwise. And the said Ezekiel Williams, Esq", and the several sheriffs are directed to lay their accounts before the Commit- tee of Pay-Table, who are hereby directed to adjust the same and draw proper orders on the Treasurer for the payment thereof.
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