quors as aforesaid, he is hereby empowered and required to summon such person to appear before him, together with such witnesses as he may judge necessary, and upon the person's appearing, or failing to appear, if the justice, upon examining the witnesses on oath shall find sufficient cause, he may, and is hereby required to direct the attorney for the commonwealth in such county to institute a prosecution against such person, on the publick behalf; which such attorney is May be hereby required to institute accordingly. And such bound to ted. justice may also cause the person so suspected, to give the behavior bond, with two sufficient securities, for his or her good or commit. behaviour for the term of one year, the principal in the sum of fifty pounds, and the securities in the sum of twenty five pounds each; and upon failing to give such bond and security within three days after being thereunto required, such person may be committed to the jail of the county, there to remain, until he or she shall give bond and security accordingly; and if such person shall afterwards, during the said term, keep a tippling house, or retail liquors as aforesaid, the same shall be, and is hereby declared a breach of the good behaviour, and of the condition of such bond. III. Provided always, That nothing in this, or the before recited act contained, shall extend, or be construed to prohibit any person or persons from retailing such liquors as shall actually have been made from the produce of such person's own estate, or brewed or distilled by him, her, or them, or those in his, her, or their employ; so as such liquors be not drank, or intended to be drank at the house or plantation where the same shall be sold; but where any dispute shall arise concerning the making such liquors, the burthen of proof shall be on the defendant. IV. And whereas by the before recited act, the courts of the respective counties are vested with the power of settling the rates and prices to be paid at ordinaries for liquors, diet, lodging, provender, stablage, fodder, and pasturage, only at their court in the month of March; therefore, Be it farther enacted, That each county court shall have full power to set the rates and prices to be paid at all ordinaries within their respective counties, for liquors, diet, lodging, provender, stablage, fodder, and pasturage, as well in any other month as in the month of March, and may increase Tables of dinaries. or lessen the rates, as often as they shall see cause, but shall not fail to fix the rates at least twice in a year, under penalty of one hundred pounds on every member of such court so failing. And every ordinary-keeper shall, within one month after the rates so rates to be set, obtain of the county court clerk, a fair table of set up in orsuch rates, which shall be openly set up in the publick entertaining room of every ordinary, and there kept until the rates shall be again set by the court, and then a copy thereof shall be again so obtained and kept, from time to time, under penalty of fifty pounds on every ordinary-keeper failing so to do; and if any ordinary-keeper shall demand and take any greater price for any drink, diet, lodging, provender, stablage, fodder, or pasturage, than by such rates shall be allowed, he or she so offending, shall forfeit and pay one hundred pounds for every such offence; which penalty, as well as the penalty of fifty pounds for failing to set up the table of rates as above directed; and that on the members of a court failing to fix the rates, shall be recoverable by action of debt or information, by any person that shall sue for the same, in any court of record within this commonwealth. V. And be it farther enacted, That so much of an act entitled "An act for regulating ordinaries, and restraint of tippling-houses," as is contrary to this act, is hereby repealed; and this act shall commence and be in force, from and after the last day of February next. Penalty or omistion for exceeding legal rates. [Chan. Rev. p. 109.] Certain cer CHAP. XIV. An act to empower the treasurer to receive certain certificates. I. WHEREAS it hath been represented to this pretificates re- sent general assembly, that many of the inhabitants ceivable in of this state are possessed of certificates, payable on payment for the first day of March next, given in exchange for the treasury land war rants. Loan office est, receiva emissions of May the twentieth, one thousand seven hundred and seventy seven, and April the eleventh, one thousand seven hundred and seventy eight, which were taken out of circulation by a resolution of congress; and that many of the holders of such certificates are entitled to the pre-emption of unappropriated lands, and others incline to purchase lands, which they cannot, unless such certificates are received in payment at the treasury: Be it therefore enacted, That the treasurer shall, and he is hereby directed to receive from all persons inhabitants of this state, such of the said certificates as have been issued therein, and shall be offered in payment for treasury warrants for waste or unappropriated lands. 11. And be it farther enacted, That from and after certificates, the first day of March next, the treasurer be also diwith inter- rected to receive the loan office certificates of this state, ble for waste and to allow the interest due thereon to the day of receiving the same, for treasury warrants, for any waste or unappropriated lands within this commonwealth, lands. CHAP. XV. An act for laying an embargo on THE more effectually to supply the people of this Embargo commonwealth with the necessary article of salt: Be laid on salt. it enacted by the General Assembly, That an embargo shall be, and is hereby laid upon all salt within this commonwealth, for and during the term of three months from the end of this present session of assembly; and that the governour, with the advice of the council may, and is hereby empowered, at any time during the continuation of the present war, either to continue or to revive again and renew such embargo, by proclamation from time to time as the circumstances of trade and the wants of the people may require. And if any Penalty for person, during the time that such embargo shall be in breach. force, shall presume to carry any salt which now is, or hereafter may be within this commonwealth, out of the same by land or water, he or she so offending, shall forfeit and pay forty pounds for every bushel so carried out, to be recovered with costs upon motion in any court of record, to the use of the informer, the defendant or defendants having had at least ten days previous notice of such motion. Provided nevertheless, That the governour with the advice of the coun- ses exporta cil, may grant a permit for conveying salt out of this tion of salt commonwealth for the publick use of the United Amer- permitted ican States, or any of them, and that any two justices of the peace may grant a permit to any citizen of this or any of the adjacent states, to carry out any quantity of salt not exceeding five bushels, within any term of six months, upon satisfactory proof to them made that the same is for the use of such citizens own family or those in his employ, and not for sale. In what cak ance with Every person sending or carrying salt from one dis- Bond to con trict to another within this commonwealth, shall give pel complibond with sufficient security, in the penalty of fifty the law. pounds for every bushel of salt so intended to be sent or carried, to the naval officer of the district from whence it shall be carried, that the same shall be reJanded within this commonwealth, and shall within six months next thereafter, produce to such naval officer, a certificate thereof from the naval officer of the district, or from some justice of peace of the county where such salt shall have been relanded, to cancel his bond, which shall otherwise be forthwith put in suit. And every vessel lading or taking on board salt under pretence of carrying the same from one district to another, before such bond shall have been given, shall and is hereby declared forfeited; one moiety thereof to the use of the informer, and the other to the comIndemnifica. monwealth; and the like proceedings shall be had tion of go. therein as in the capture of vessels from an enemy. Be it enacted, That the governour, and all persons acting by his directions, shall be, and they are hereby indemnified in their proceedings under the resolution of the general assembly of the 19th of October 1779, tion of salt. prohibiting the exportation of salt. vernor and others act ing under a resolution prohibiting the exporta Premium for of salt. CHAP. XVI. An act to encourage the importation of Salt. WHEREAS from the scarcity as well as high price importation of salt, it is proper that encouragement be given to the importation of that necessary article of life: Be it therefore enacted, That every owner or master of a vessel, who shall import salt into this commonwealth after the passing of this act, shall be allowed to export one hogshead of tobacco duty free for every five bushels of salt so imported. At the time of entering a vessel in which salt may be imported, the naval officer shall give the owner or master thereof a certificate, How obtain specifying the time and quantity of salt imported. The owner or master of a vessel producing such certificate to any inspector, shall be entitled to ship one hegshead of tobacco duty free for every five bushels of salt contained in such certificate, giving the inspectors at such warehouse a receipt thereon for the number of hogsheads so delivered, which receipt and certificate ed. |