The New-Jersey gazette — Burlington [N.J.], 1782-07-03 00:00:00, page 2

more than the value of the goods so secreted or
vended, or otherwise disposed of contrary to the
tiue intent and meaning of this Aft, with costs, to
be applied to the use of the state, or shall be lia
ble to be prosecuted for the penalty aforefaid with
costs by any person that will sue for the fame in
any court where the action may be brought, one
half ta be paid to the profccutor, and the other
half to be paid into the hands of the collector of
nhe county, to be by him paid forward to the Irea
iurer for the ufeof the state.
9. And be it further enabled, That where any
good's, Wares'or merchandize, Ihall be seized in vir
tue of this Aft, as having been brought from with
in the lines, encampments or places before recited,
the fame shall not be liable to be taken out of the
hands or pofTeflion of the captors by writ of reple
vin, under any pretence whatsoever. Provided al
ways, That in case the person claiming the goods,
wares or merchandize, seized as aforefaid, or in
whose possession the fame may be found, shall de
mand it, the monies arising from the sales thereof
shall, by the Justice before whom the goods were lirlt
brought for trial, be lodged in the hands of the col
le&or of the county, or retainedin his own hands until
the judgment shall be confirmed or reversed in the
Supreme court of this state, should the cause be re
moved thither by Writ of certiorari, unlels the
captor or captors shall enter into bond with fuffi
cient security (to be approved of by the said Justice)
to the claimant or person in whose possession such
goods, wares or merchandize may be found, for
repayment of the said monies with cods, in case
the laid judgment should be reversed. Provided
also, l hat no writ of certiorari shall be allowed,
nor the Ihare of any monies arising from sales made
in.virtue of this Aft be detained from any captor,
ynlefs such writ of certiorari shall be served with
in ten days after condemnation by the said court.
10. And be it enabled, That in every case of
seizure made in virtue of this Aft of any goods,
wares or merchandize, as having been brought from
within the lines or places aforefaid, the owner of
the goods, wares or merchandize so seized, or the
pcifon in whose pofTefiion the fame shall be found,
ihall forfeit and pay a sum equal to the value of
the goods so seized and condemned, on .conviction
by indictment in any court where the action may be
cognizable, to be paid into the hands of the col-
Ldor of the county for the use of the state, or
shall be liable to be prosecuted for the said penalty
iith costs by any person who will sue for the fame,
one half to be applied to the use of the prosecutor,
and the other half to be paid as aforefaid, and ap
pfed to the use of the fate.
iw And be it enabled, That the court before
which condemnation shall be had of any goods,
wares or merchandize which have been condemned
us having been brought from within the lines or en
campments of the enemy or of their adherents, or
from any place in their actual power or possession,
shall, within twenty days after the sales, deliver or
transmit to the clerk of the county wherein the tri
al (hall be had, a return of the name of the person
in whose custody the fame have been taken, toge
ther with a copy of the return ts the amount of
sales thereof, whiph shall be sworn to by the col
lector of the townfllip, precind or ward, who shall
have fold or disposed of the fame, which return of
the amount of sales, authenticated as aforefaid, is
hereby declared to be evidence on the trial for the
recovery of the value of the goods so seized and
condemned; and shall allo deliver or transmit to
the clerk of the county as aforefaid, an account of
all monies by him paid into the hands of the col
lector of such county in each cause, in virtue of
this Ad, who shall transmit a return of the fame
every fix months to the treasurer of the state.
12. And be it further enabled, That the court
before which condemnation shall be had as afore
faid, shall also transmit to the clerk of the county
wherein the trial (hall be had, a return of the name
of the person or persons of whom such goods,
wares or merchandize were purchased, together
with the proceedings held therein; which return
and proceedings shall by the clerk be laid before
the next Court of General Quarter Seflions of the
Peace to be held in said county, which shall pro
ceed to take cognizance therein: and it is hereby
declared, that the evidence offered on the trial held
in virtue of this Aft shall be fufficient to convict
such person or persons on indictment, and who shall
forfeit and pay a sum equal to the value of the
goods so seized and condemned.
13. And be it further enabled by the authority
aforefaid, That the court before which condemna
tion (hall be had of any goods, wares, merchandize
or produce, of whatsoever nature or kind, and of
14. And be it further enaded, That if any per
son having seized goods, wares or merchandize, in
virtue of this Ad, shall ask or receive or offer to
receive any sum, fee or reward from the owner or
poffeflor of the goods seized, or from any person
on his behalf, and therefor shall release or difeharge
the said goods, or the poffefTor or owner of them,
or shall offer to release or difeharge either the goods
or the owner or poffefTor, and thereof shall be duly
convicted on indictment, shall forfeit and pay any
sum not exceeding rive Hundred Founds, and shall
moreover be liable to an action of debt at the suit
of the person aggrieved, for the recovery of the
money paid as aforefaid, with costs.
15. rind it is hereby declared and enabled, That
all goods, wares or merchandize, taken within the
lines or encampments of the enemy or of their ad
herents, or within any place in their actual power
or pofleffion, shall be, in every refpeCl, dealt with
as is directed in this Act relative to such goods,
wares or merchandize, when seized, after being
brought from within the said lines or places.
16. And be it enacted, That every perlon owing
allegiance to the government of this date, who shall
after the palling of this Abt, and without licenle or
permission firft obtained as before mentioned, and
contrary to the true intent and meaning hereof, be
wilfully and knowingly assisting or directing the
bringing or conveying any goods, wares or mer
chandize into this Hate, from within the lines or
encampments of the enemy or of their adherents,
or from any place id their adual power or possessi
on, or who Ihall wilfully and knowingly be assisting
or directing any persons going into the lines or places
aforefaid, or the carrying or conveying any goods,
wares or merchandize into the said lines or places,
and shall be thereof legally convicted on indictment
before any court where the action fhail be cogniza
ble, shall be fined at the difcietion of the court in
any sum not exceeding Five Hundred Pounds, to
be applied to and for the use of the state, or ihall
be liable to be prosecuted for the fame in an action
of debt by any person who will sue therefor, one
half for the use of the prosecutor, and the other
half to be paid into the hands of the collector of the
county, for the use of the state; and every officer
of the militia, or of the troops raised for the de
fence of the Rate, who shall wilfully or knowingly
fufter anv goods, wares or merchandize to be im
ported into this date, contrary to the true intent
and meaning of this Aft, shall for such offence fuf
fer the penalty aforefaid, to be applied in manner
aforefaid, and shall moreover be calhiered, and be
disabled from bearing any military office in the date
thereafter.
the collector of the township, precinct or ward
wherein the condemnation shall be had, to be by
him disposed of at publick file, after advertising the
fame for eight days within the said township, pie
cin& or ward, unless the said goods shall be perish
able, in which case they shall be fold immediately,'
which collector shall make return of the amount of
sales sworn to by him to the justice before whom
the goods were firft brought, within three days af
ter the fame are closed, to be by him delivered or
transmitted within twenty days thereafter to the
clerk of the county, and the said amount of sales is
hereby declared to be evidence on the trial for the
recovery of the penalty in the third ledion of this
Adt; and the monies arising from such sales shall,
after deducing colts to be taxed by the said justice,
be divided amongst the captors, if on military duty,
according to the established rations by them drawn;
and in other cases, to each person an equal Ihare,
any law or custom to the contrary notwithdand-
17. And be it enabled, That if any Judice of
the Peace or other person (excepting only the Go
vernor or Commander in Chief of this date, or the
Commander ip Chief ~f the army of the United
States) shall presume to give a pafiport or perraiffi
on to any person to go within the lines or encamp
ments of the enemy or of their adherents, or into
any place in their actual power dr possession, such
Justice, or other person so offending, shall, for every
such offence, forfeit and pay any sum not exceeding
Five Hundred Pounds, to be recovered with cods,
on indiftment in any court where the fame may be
cognizable, and applied to the use of the date.
18. And be it further enabled by the authority
aforefaid, That it shall and may be lawful for any
every fpecics of money which may be condemned as
having been attempted to be carried or conveyed in
to the lines, encampments or places aforefaid, or of
the boats, teams, carriages or horses carrying or
conveying the fame, or that may be proved to nave
afifted in carrying or conveying thereof, shall, af
ter condemnation, cause the fame to be delivered to
Judge of the Court of Common Pleas in any coun
ty of this date, and he is hereby authorized ard
required, upon application to him made, and due
and fatisfactory cause of suspicion shewn, on oath
or affirmation, which oath or affirmation shall be
taken in writing and fubferibed, as in case of stolen
goods, that goods, wares or merchandize, liable to
IE ure by virtue of this AC, are concealed or depo
sited in any dwelling-house or other building what
soever, within such county, to grant a warrant, di
rebled to the fheriff or any of the coroners of such
county, who are hereby refpe&ively required to pay
obedience to such warrant, and to make search for,
and to seize and fecurc such goods, wares or mer
chandize; and in case of icfufal to permit such
search, or if opposition be made thereto, to break
open doors and locks for the purpefe aforefaid.
Provided always, That no fuel )fearch fhail be
made before fun-riling, nor after fun-letting And
provided also, That no person shall be hereby au
thorized to enter any house or other building as
aforefaid, other than the fheriff or coroner, and
two respectable freeholders not being the informers,
or interested in the seizure, unless opposition be
made by an aimed force.
19. And be it further enabled, That all goods,
wares or merchandize as aforefaid, that may be dis
covered and lecured by such fheriff or coroner,
and which, upon trial, shall be condemned as hav^
ing been brought from within the lines or places a
forefaid, fliall be fold as herein before directed, and
one hall of the money arising from such sales, after
deducing colls, shall be paid to and for the use of
the informer, and the other half to the collector of
the county, to be by him paid to the treasurer for
the use of the state. Provided nevertheless, That
all goods, wares or merchandize discovered and se
cured as aforefaid, which shall be fully proved to
the latisfaftion of the court and jury before whom
they arc brought for trial, to have been legally
brought or imported into this state, or to have been
in this state before the twenty eighth day of June,
One Thousand Seven Hundred and Eighty-one,
or prize goods lawfully captured and condemned,
shall not be liable to condemnation, but shall be re
turned to the owner, and the informer shall pay
costs.
20. And it is hereby further enabled, That eve
ry fheriff or coroner who shall serve any such war
rant agreeably to the directions of this AH, ihall
have and receive for serving every such warrant
Twenty Shillings, for inventorying the goods Ten
Shillings, milage One Shilling per anile, for each
mile his place of abode may be diftact from the
place of search.
21. And be it further enabled, "I hat if any per
son after the palling of this ad shall, by force or
violence, prevent the seizure of any goods, wares
or merchandize liable to be seized and condemned
by virtue of this atl, or shall threaten, mT-treat
or abuse any person who shall lawfully flop him,
or any goods or effects by him conveyed and fuf
peCled to be unlawfully imported into th's state, or
ihall, by force or violence, prevent the fame from
being brought before one of the neareftJuftices of
the Peace of the county, for examination and trial,
such person so offending shall, for every such of
fence, forfeit and pay any sum not exceeding One
Thousand Pounds, to be recovered by indictment
in any court where the offence may be cognizable,
and paid into the hands of the collector of the
county where recovered, to be by him paid forward
into the treasury for the use of the hate, or shall be
liable to any corporal punishment (excepting impri
sonment) not extending to life or member. Pro
vided always, That no person, nor any goods,
wares or merchandize, seized as having been brought
from within the lines, encampments or places afore
faid, shall, on pretence of the fame being contra
band or imported, contrary to the intent and mean
ing of this ad, or under any other pretence whatso
ever, be liable to be searched, until the lame shall be
brought before some Justice of the Peace for exa
mination. And provided also, That if it shall ap
pear that any person employed abcut his lawful bu
siness shall be detained, or goods or effects by him
conveyed shall be seized or flopped maliciously or
vexarioufly, under pretence that the fame have been
brought from within the lines, encampments or
places aforefaid, such person id injured Ihall, be
sides costs, recover damages for such illegal seizure
and detention, any thing herein contained to the
contrary notwithstanding.
22. And it is hereby further enabled, That no
goods, wares or merchandize, imported into this
State after the passing of this AH from any other of
the United States, shall be protested from seizure
(For the remainder fee the fourth page)