vertheless, that the commissioners shall leave in the hands of the tavern-keepers, a sufficient quantity of such enumerated articles, not only for the use of the family of such tavern-keeper, but as much as may be necessary for the accustomed consumption of such tavern. The commissioners aforesaid shall tender toeach holder, for all provisions he can spare, receipts or certificates for the same, at the rates, and upon the Stipulated conditions hereafter mentioned, that is to say: For prices. pickled beef, twenty four shillings per pound; for salted pork, thirty shillings per pound; for bacon, forty eight shillings per pound; for Indian corn, seven pounds per bushel; for wheat, twenty pounds per bushel; for rye, twelve pounds per bushel; for oats, five pounds per bushel; for pease, eight pounds per bushel; for su perfine flour, sixty pounds per hundred weight; for common flour, fifty pounds per hundred weight; for ship stuff, forty pounds per hundred weight; for white bisket, seventy five pounds per hundred weight; for brown bisket, sixty pounds per hundred weight; for West India rum, thirty pounds per gallon; for taffia, twenty pounds per gallon; for brandy, twenty five pounds per gallon; for corn spirits, fifteen pounds per gallon; for allum salt, forty pounds; for French or fine salt, thirty pounds per bushel; provided, that the same exemption from seizure of salt as is extended to the importers thereof under this act, shall also be extended to the manufacturers of salt within this commonCertificates wealth. And provided also, that the proof herein af ter demanded of the importer, that he did bona fide where paya- import the articles found in his possession, shall extend to prove that he has not, subsequent to the importation, sold the said articles to another. All such receipts or certificates shall be payable at the treasury, within six months from the date, with an interest at the rate of six per centum thereon; allowing always for the difference of value between the time of payment and the delivery of the articles; which difference shall be previously settled by the board of auditors, according to the respective prices of tobacco; or otherwise. any person holding such receipt or certificate, may pay them to the collector in discharge of his or her next money tax, or his or her next specifick tax, in like kind and quantity.

therefor,

when and

ble.

may be bro.

And be it farther enacted, That if any person shall refuse to shew to the commissioners, when thereto required, his stock or quantity in possession, of any of the above enumerated articles, the said commissioners In what caare hereby authorized and required to break open, in ses, doors the day time, any house, barn, outhouse, mill, or store- ken. house, or other outhouses where any such enumerated articles may be suspected to be; and seize and take into his possession for the publick use of salted beef, pork, and bacon, the surplus; and of Indian corn, half the surplus; after leaving sufficient for the use of the family, or those in his or her service, to the first day of December next, of wheat, rye, oats, flour, rum, and other spirits, the surplus; after leaving sufficient for the use of the family to the first day of September, one thousand seven hundred and eighty one, and also a sufficient quantity of such grain for seed for the succeeding crop; of bisket, salt, rum and other spirits in the possession of any person or persons, for sale, not exceeding one half of the quantity on hand. If flour should be seized by the commissioners in the possession of any baker or bakers, then the said commissioners may store the same with such baker or bakers for the purpose of being made into bread, paying for baking thereof a reasonable allowance, to be ascertained by previous contract, should the person in whose possession such flour shall be so seized, be willing to undertake the same; and in case of refusal, then the said commissioners may cause the same to be removed to such other place as they may judge proper, for that or any other purpose. And if any person so called on by the commissioners shall wilfully secrete or conceal any of the before enumerated articles in his or her possession, he or she so secreting or concealing the same, being proved guilty thereof, shall forfeit and pay to the use of the commonwealth, treble the value of the articles so secreted or concealed; to be recovered by action of debt or information, instituted in any court of record by the said commissioners, or either of them. Provided always, that the quantity and kind of any of the above enumerated articles, to be collected by virtue of this act, in each county, may be farther limited by the directions of the governour, with the advice of council, as the publick exigence may permit. And to the end, that such limitation may be the more proper

Storage and transporta tion of provisions, how provided

for.

ly directed, the commissioners to be appointed by this act shall make monthly returns of their collections to the governour. Provided also, that the said commissioners shall not seize any provisions which may have. been procured for the use of the crews of any vessels, if the quantity so procured, be not more than sufficient for their voyage; and that any articles herein before enumerated, which shall be in the possession of the importer thereof, shall be, and the same are hereby excepted out of this act.

Provided always and be it enacted, That in every case where a doubt shall arise, whether any of the said enumerated articles have been imported by the person or persons possessing the same, the proof of such importation shall be upon the possessor. And be it farther enacted, That the said commissioners and each of them within the county for which they are respectively appointed, be authorized and required to hire and give certificates for the same in manner as before directed, or if need be, to seize any store-houses for the safe keeping the said enumerated articles, and to hire in manner aforesaid, or if need be to impress any horses, carriages, and their drivers, boats, and other vessels and their crews for transporting the same, and to hire persons and procure materials for making sacks, barrels, or other proper casks, or boxes for the containing or transporting the same; and in general to de all and every thing which may be needful for the procuring, collecting, and transporting the said enume rated articles, to such places either within or without the county, as shall be directed by the governour with the advice of council: All articles seized or impressed by virtue of this act, shall be paid for with certificates, in the same manner as is herein before directed to be paid to persons willing to sell what they had to spare. Forging or And be it farther enacted, That any person who counterfeit shall forge, counterfeit, alter, or erase, any certificate ing provision certifi- granted or directed to be granted by this act, or shall cates, how pass or tender such counterfeits in payment, knowing punishable. them to be so counterfeited, altered, or erased, or shall be aiding, abetting, or assisting in such forgery or counterfeiting, altering, erasing, or tendering, shall be deemed guilty of felony without benefit of clergy, and shall suffer death. The court of the county shall as sertain and certify the proper allowances to the com

3

missioners for their expense and trouble, which being examined, and the errours corrected by the auditors for publick accounts, shall be paid by the treasurer. Any commissioner who shall be so appointed, and refusing or neglecting to act, shall forfeit and pay the sum of one thousand pounds to the use of the commonwealth, to be recovered with costs by action of debt or information in any court of record. The operation of this act so far as it relates to the seizure of salt, shall not be construed to extend to that article purchased by, and in quantities suited to the wants of, the owners for their private use, which may be in the custody of any other person (the onus probandi of such purchase, to lie on the person in possession) and shall cease on the first day of August next; and so far as it relates to any other matter or thing therein contained, shall continue and be in force until ten days after the beginning of the next session of general assembly, and no longer,

CHAP. IX.

An act for giving farther time to ob- [Chan. Rev. tain warrants upon certificates for P. 122.] pre-emption rights, and returning certain surveys to the Land Office, and for other purposes.

See ante p

I. WHEREAS the time fixed by an act entitled "An act for adjusting and settling the titles of claim- 35. ers to unpatented lands under the present and former government, previous to the establishment of the commonwealth's land office," for surveying and returning surveys to the land office upon entries made with the Time allowsurveyor of a county, before the twenty sixth day of ed for reJune one thousand seven hundred and seventy nine, turning ourfor lands lying upon the eastern waters, and for re- plats. turning the plats of legal surveys made upon the western waters under the former government, and exchang

veys, and

the western

ers.

ing military warrants granted under the royal proclamation of one thousand seven hundred and sixty three, and not yet executed, will shortly expire, and many persons be thereby deprived of the benefit of such warrants and surveys: Be it therefore enacted, That all persons having such warrants, shall be allowed until the first day of July one thousand seven hundred and eighty one, to exchange such warrants; that the like time shall be allowed for returning such surveys to the land office, to such who were entitled to land for military service, for which certificates have not yet been obtained.

Furthertime II. And whereas the time limited in the act for exallowed to plaining and amending the said recited act, to the comcommission. missioners for adjusting and settling the claims to unpatented lands within their respective districts, has been found too short for that purpose, Be it therefore enacted, That all the powers given to the said comnissioners, except the commissioners for the county of Kentuckey, by any act or acts of assembly, shall be continued and remain in force for and during the farther term of twelve months.

Further al

them and their officers

III. And whereas the allowance made to the said lowance to commissioners, surveyors, and sheriffs, by the first recited act, is inadequate to their services; Be it enacted, That each commissioner for every day he hath or shall be necessarily employed, in going to, attending on, and returning from the business of his office, shall receive sixteen pounds, the surveyor six pounds; and ther sheriff four pounds, instead of and in lieu of the former allowances given by the said recited act; and that all necessary expenses for expresses and paper, shall be allowed the said commissioners in settling their acTax upon li- counts. And whereas the expense of carrying the said tigants en- act into execution, will be greatly increased, and it is reasonable and just that the greatest part of such expense should be defrayed by the persons who are to be benefited by the same, Be it enacted, That every person who shall institute any suit for the title of lands before the said commissioners, shall pay down the sum of ten pounds, which shall be taxed in the bill of costs against the defendant, if he shall be cast in the said suit and credited by the said commissioners in their account against the publick, in the

creased.