The New-Jersey gazette — Burlington [N.J.], 1780-12-06 00:00:00, page 2

STATE of NEW-JERSEY.
An ACT for the more speedy and effectual procurement
offePP^^ f° r ^e arm, of the United States.
WHEREAS the aft, intitled, “ An Act for pro
" curing provisions for the life of the army,
" and other supplies for carrying on the war, and the
•' supplemental aft thereto," have, in some instances,
been found inefficient for drawing forth the necessary
supplies for the army ; and inasmuch as the act, in
titled, " An Aft to enlarge the power of the Con
“ traftors ofthe several counties in this Rate for a li
mited time," will shortly expire by its own limitation;
Sefl. I. Be it therefore enacted by the Council and Ge
neral Afembl, of this fate,' and it is hereby enacted by
the authority of the fame. That from and after the pub
lication of this aft, the fuperintendant of purchases
of this Rate dial! be, and he hereby is authorized and
empowered to give directions to the contractors ofthe
several counties in this state for the procuring of pas
turage for the horses belonging to the army, and for
such cattle as may, from time to time, be purchafcd
or procured for the use of the fame, until they Ihall
arrive at the place or places appointed for their deli
very, and for the teams employed for transportation,
and for the purchase and procurement of such quan
tities of provisions or other articles of supply, the
produce of this state, as may be required by the re
folutibns- of Congress, or by the requisition of the
Commander in Chief of the army ofthe United States,
or which may be directed by the quartermaster or
commissary-general under or by virtue of such
resolutions or requisitions, without respect to the ar
ticles particularly and specially enumerated in the act,
intitled, " A supplemental act to the aCt for procur
" ing provisions for the use of the army, and other
“ supplies for carrying on the war, and for fettling
" the publick accounts of this state," passed the eigh
teenth day of March, one thousand seven hundred and
eighty, or to the quota aligned to such county in the
laid act ; and to cause the articles so purchafcd to be
transported or conveyed to such place or place s with
in the state as may be directed by the said Comman
der in Chief of the army, or by the quartermatter or
commiflary-general, there to be delivered, together
with estimates or invoices of the fpecific articles so
conveyed or transported to the continental agents ap
pointed to receive them, taking receipts for their de
livery, and to hire or employ waggons, teams, and
drivers, for that purpose.
2. And be it enabled b, the authority aforefaid, That
in case the contractor of any county in this state, or
other person by him appointed and properly autho
rized to aCt in his room and Read, fliall have cause to
believe or fufpeCt that any provisions or other articles
of supply in the possession of any person within such
county are in danger of being withdrawn, carried or
conveyed out of the state, in order thereby to dilap
point the good purposes ot this act, or in cale the own
er or possessor thereof shall refute to dil'pofe of the
fame at a moderate and reasonable rate, it shall and
may be lawful for the laid contractor or person by him
lawfully authorized and appointed, and he is hereby
empowered and required to seize and secure such pro
visions or other articles of supply for the use of the
army or militia or troops railed for the deduce ofthe
state, taking an exaCt account of the fame, and to ap
ply to fomejuftice of the peace of the hid county with -
in three days after such seizure, and to deliver to him
in writing an account containing a lift of the articles
so seized, and also the name ofthe person from whom
or in whose possession the fame were found; which
justice is hereby required to summon the owner or
proprietor of such provisions or articles of supply, or
where the owner is to him unknown or non-rchucut
in the laid county, the person in whose possession the
fame were found, to appear before him at such time
and at such place as he shall think proper to direct, to
shew cause, if any he may have, why the provisions
or other articles of supply so fcized and secured may
not be detained by the said contractorfir the purposes
aforefaid ; and on proof of the lawful fervicc of the
said summons as directed in this act, shall proceed to
hear and determine the matter at blue; and if the said
justice shall, upon examination and enquiry, find, or
have fufficient reason to believe that the proviliohs or
other articles of supply so fcized and secured, or any
part thereof, were in danger of being withdrawn, car
ried or conveyed out of the state, or that the fame may
be spared from the necedities of the owner, and of
those by him employed, the faidjuftice shall givejudg
meut accordingly, and shall thereupon certify under
his hand what quantity of such provisions or other ar
ticles of supply are to be retained by the said contrac
tor for the purposes aforefaid, and shall fix the price
thereof, for which the laid contractor shall give a cer
tificate, payable in the bills of credit directed to be
ifl'ued on the faith of this state, and bearing an inte
rest of fix per centum per annum until paid ; and if
judgment shall be given in favour ofthe said contractor
he shall deduct the amount of the cof.s, as made out
by the said justice, out of the certificate so to be given. ।
3. AND WHEREAS in some cases in the vicinity
of the enemy's lines it may be dangerous or imprac
ticable for a constable personally or by deputy to sum
mon the owner or person in whose possession provisi
ons or other articles of supply may be found which
have been fcized and brought to issue before a justice
of the peace by virtue of this act ; Be it enacted, That
in such case the constable to whom a summon; shall
be directed for the purpose aforefaid, shall advertise
the fame for three days previous to the day of hearing
and determination in thi eepublick places ofthe coun
, ty, and as near as may be to the neighbourhood ofthe
person directed to be summoned, which fliall be in such
case taken and considered as a fufficient service ofthe
said summons.
, 4. And be it farther enacted, That the justice be
fore whom such matter shall be brought to issue as
, aforefaid, shall draw up an account of the colts at
tending the trial, which fliall be paid by the collector
of the county out of any monies which may be in his
hands received in payment of taxes, and the receipt
of the laid justice endorsed on the account shall avail
to the said collector in his settlement with the treasu
rer in lieu of so much of the public money, and shall
be accepted as a fufficient voucher to the treasurer in
his settlement with the date.
15. And be it further enacted, That if the original
owner or possessor of any provisions or other articles
of supply seized as aforefaid, or any person in his be
half, shall, without the license of the contractor ofthe
'county firft obtained, and before judgment rendered
as aforefaid, presume to withdraw, conceal or remove
such provisions or other articles of supply, or any part
thereof, so as the fame cannot be recovered by the laid
contractor, and applied to the purposes of this act,
and shall be thereof legally convicted on indictment
before any court where the fame shall be cognizable,
he shall futfer such fine not exceeding double the value
of the articles so withdrawn, concealed or removed,
as the said court shall in their discretion adjudge, to
gether with costs.
6. And be it further enacted, That contractors for the
several counties in this state shall hereafter, from time
to time as occasion may require, be appointed by the
Council and Assembly in joint-meeting, and Ihall con
tinue in office for and during the term of one year, and
from thence to the end of the next fitting of the le
gislature, unless in the mean time removed, supersed
ed by the appointment of others, or that the office has
become unnecessary by the difban&ng of the army;
and the said contractors shall, during the recess ofthe
legislature, be liable to be displaced for mal-praCtice,
embezzlement of the publick money, neglect or re
fufal of duty, and others appointed in their Read in
manner directed in the eighth feCtion ofthe aCt, inti
tled, " An aCt for procuring provisions for the use of
" the army, and other supplies for carrying on the
" war, and for fettling the publick accounts of this
" Rate."
7. Provided always, and it is hereby farther enacted,
That nothing in this act contained ihall be taken,
deemed, or conftfued to exclude any person whose
property may be seized in virtue of this aCt from de
manding the privilege of a jury ; which the justice be
fore whom the matter is brought to issue, is hereby
empowered and required upon application to grant,
and to issue a venire accordingly.
8. AND WHEREAS there may, in some of the
counties of this Rate, be considerable quantities of
provisions and other articles of supply in the vicinity
of the enemy's lines which cannot be obtained with
out an armed force to assist the contractors of such
Counties in the execution of their duty ; Be it therefore
enacted by the authority aforefaid, That for the pur
pose of obtaining for the use of the army, and in the
most expeditious manner, all such articles of supply
as can be spared from the necessities of the inhabitants
in such vicinity, it shall and may be lawful for the
contractor of any county in this Rate, or person by
him properly authorized and appointed, an? he is
hereby einpowered and required immediately upon
the publication ofthis aft, and from time to time as
occasion may require, to make application to the co
lonel or commanding officer of any regiment of mili
tia in such county to call out the whole or so many of
the militia of his regiment as may be necessary to as
sist him in the execution of his duty, which colonel or
commanding officer is hereby required to pay obedi
ence thereto.'
9. And be it farther enacted, That from and after
the puffing of this act, the contractors of the respec
tive counties shall give certificates for the hire of
the teams by them employed fortranfportation, agree
ably to the directions of this ad, and for such other
services as may be necessary in the course of their em
ployment or business, and for the supplies by them
purchafcd or procured by impressment, payable in
the bills of credit ifl'ued on the faith of this state,
and to bear an interest of fix per centum per annum,
until paid, and the faith of the state is hereby pledged
for the payment of the certificates so given. \
10. AND WHEREAS in some of the counties of
this state detachments of the militia, or of troops
railed for the defence of the state, are or may be
Rationed and cannot be furnilhed with provisions
and other neceflary supplies by any commissary of
issues : Be it enabled by the authority aforefaid, Khat
the fuperintendant of purchases fliall be, and he is
hereby authorized and required to give directions to
the contractor of such county, or of any of the ad
jacent counties, to deliver to the quartermaster or
other person properly appointed and authorized by
the commanding officer at such post, on certified
provision returns to him produced for that purpose,
inch articles of provisions and other supplies as may
be necessary for the use of such troops or militia,
taking the receipts of the said quartermaster or other
person appointed as aforefaid, therefor, which shall
be fufficient vouchers to the said contractor for such
delivery.
11. And be it further enacted by the authority afore
faid, That when the militia of any county in this
state, or ary part thereof, fliall be called out agree-,
ably to the directions of this ad, to affilt the con
bailor of such county in the execution of his duty,
they shall be entitled to. the fame pay and emolu
ments as when called out noon actual military duty,
to be paid by the paymaster of the county to which
; trey Letoug, on payrolls of the fame being to him
produced, properly certified and authenticated.
1 12. u^dbe it further enacted, That the contractors
of the several counties in this state shall make out
full, complete and accurate monthly returns of all
purchases and deliveries by them made after the
palling of this aft, as far as the fame may be prac
ticable, to the fuperintendant of purchases, fpecify-O
ing the articles and magazines, or places where they
Lvc been deposited, who ihail thereupon draw out
a general account of the fame, to be transmitted to
the commander in chief of the army, and a copy
thereof to the commifiary. general of purchases.
13. AND WHEREAS many persons may be in
duced to conceal their waggons, or to neglectto
repair the lame, left they should be employed in the
iervice of the pubhek ; Be it enacted by the authority
aforefaid, That it fliall and may be lawful for any
jultice ot the peace of any county in this state, and
he 1S hereby required upon application to him made
by the contractor ot the laid county, and being af
,l,"^ thc f ^> to grant a warrant to any con
tame ot the county to seize and take such waggon
so concealed or out of repair, and to deliver the fame
to the laid contractor, to be employed or repamed
for the transportation of such supplies as may by
him from time to time be purchased or procured for
th ^ uk °/ ^ " mb ° f which repairs the said con
t.actor tiiall keep a regular and exaft account, and
shall return the amount of the fame out of the hire
thereof.
14. AND for the encouragement ofthe contractors
who have been or may be appointed in the several
counties of this state, and that they may be excited
' r "f heartul and diligent performance of the duties
ot their appointment in the prefect emergency ; Be
zt .^CT re , a ^ by the authority aforefaid, That each
ot the hud contractors fliall be entitled to receive
tor the purchases which he shall make after the passing
and during the continuance of this aft, instead of
the lalary and allowances heretofore granted by law,
the turn of twenty pounds annually, and m the fame
proportion for a greater or less time, and fliall also
be entitled to receive forthe several articles which
he diall purchale, at the rates following; that is to
lay, twenty-five ihiihngs for every hundred bushels
: eat °! r ,y e ; twenty Killings for every hundred
bu "'s 3 .° f Indian corn > °ats, buckwheat or barley;
one hulling and fix-pence for every barrel of flour;
pork or beef ; one penny for every gallon of spirits,
the produce of this state ; four shillings for every ton
of iiay; one shilling for every hundred weight of
beet, pork, mutton or vesl; five shillings for every
beef on the leg ; twenty shillings for every hundred
bulhcls ot salt ; ten shillings for every ton of hemp•
ten findings for every ton of bar iron ; five shillings
tor every thousand feet of boards or plank; and one
Shilling and fix-pence for every barrel of pitch, tar
or turpentine ; and so in proportion for all other arti
cles he may be directed to purchase, having regard
to the quality, quantity and price of each, to be paid
in the bills of credit issued upon the faith of this
state, and allowed to the said contractors respectively,
in the settlement of their accounts with the luper
intendant. r
15. And be it enacted by the authority aforefaid, That
the act, intitled, "An aC tto enlarge the power of
the contractors of the several counties in this Rate
for a limited time," passed the seventeenth day of
June, one thousand seven hundred and eighty; and
also so much of the aft, intitled, " An act for pro
curing provisions for the use of the army, and
" other supplies for carrying on the war, and for
“ fettling the publick accounts of this Rate," passed
the twenty-fifth day of December, one thousand
seven hundred and seventy-nine, and of the fupple
mentai act thereto, passed the eighteenth day of
March, one thousand seven hundred and eighty, as
is altered by or repugnant to this aCt, shall be and
the fame are hereby repealed.
Palled at Trenton, December 4, 1780.
A true copy from the original, /
M. Ewing, jun. Clerk.
BOSTO N, November 16.
The brig Adventure, Capt. Morris, of this port,
and the ships Thorn and Franklin, of Salem, have
lately captured a number of very valuable prizes,
some of them are fafe arrived, and the others daily
expected.
WILLIAMSBURG, November 18.
Copy of an intercepted letter from General Leslie to
Lord Cornwallis, dated Portsmouth, November 4,
1780; and taken by one of our out-polls from a
person in disguise.
“ My Lord,
" I HAVE been here a week establishing a post. I
wrote to you to Charleftown, and by another messen
ger by land also. I cannot hear for a certain where
you are. I wait your orders. The bearer is to be
handlomely rewarded if he brings me any note or
mark from your Lordship."
We have just received the following intelligence,
viz. That the enemy have entirely evacuated Ports
mouth ; that the whole of their fleet, to the number