Elections for

CHAP. V.

An act to empower the sheriffs to hold elections, in certain cases, at other places than those appointed by law.

WHEREAS many places within this commonwealth members of have been exposed to the incursions of the enemy, assembly whereby the freeholders of some counties have been may be held prevented from meeting at the places appointed by in any place, aecure from law, to elect representatives to serve in general assemthe enemy. bly; in order to prevent the like inconveniences in fu

ture, Be it enacted by the General Assembly, That during the present war, it shall be lawful for the sheriff of any county, when the usual place of holding elections. shall appear to him insecure from the enemy, to hold his election at any other place within his county which shall be more safe, having given ten days notice thereof previous to the said election.

CHAP: VI.

p. 140.]

[Chan. Rev. An act for calling in and exchanging this state's quota of continental mo

tinental mo

ney.

Act of May. I. BE it enacted by the General Assembly, That so 1780, ch. X. for calling in much of the act of assembly, entitled "An act to exthis state's plain and amend the act for calling in and redeeming quota of con- the money now in circulation, and for emitting and ney repeal funding new bills of credit according to the resolutions of congress of the eighteenth of March last," as directs the treasurer to exchange the old continental bills in the manner as by the said act is directed, shall be, and the same is hereby repealed.

ed.

Old money pot a legal tender.

II. And be it farther enacted, That from and after the first day of July next, the said old money shall

cease to be a legal tender in discharge of any debt or contract whatsoever: Provided, That the sheriffs and But receiva other publick collectors shall continue to receive the ble in taxes. same in payment of all publick debts and taxes, and upon the settlement of their several collections to pay the same into the publick treasury in discharge there

of.

III. And be it farther enacted, That the treasurer No more of of this commonwealth shall not pay out of the treasu- this money to be paid ry, for any cause whatsoever, any part of the said moout of the ney to be issued in virtue of the resolutions of con- treasury. gress of the eighteenth day of March, one thousand seven hundred and eighty, except by the directions of the executive or the legislature.

CHAP. VII.

An act for giving certain powers to the governour and council, and for punishing those who shall oppose the execution of laws.

Preamble.

Extensive

WHEREAS in this time of public danger, it is necessary to invest the executive with the most ample powers, both for the purpose of strenuous opposition to the enemy, and also to provide for the punctual execution of laws, on which the safety and welfare of the commonwealth depends; Be it therefore enacted, That the governor, with advice of council, is hereby empow- powers of ered to call forth the forces and resources of this state, governor & in such numbers and quantities, and for such purposes call forth council; to as the common good may make necessary, and to march the forces & or order them to such place or places as the service resources of may require. The governor, with the advice of council, is also hereby empowered to procure by impress To impress or otherwise, under such regulations as they shall de- property. vise, provisions of every kind, all sorts of cloathing, accoutrements and furniture, proper for the use of the army, negroes as pioneers, horses both for the draft

the state.

officers.

To appre

sons, who

and cavalry, waggons, boats or other vessels and their crews, and also all other necessaries as may be wanted for supplying the militia or other troops employed in To order out the public service. The governor, with advice of the particular council, may order out such particular officers as may be approved, to command any militia which shall take the field. The governor, with advice of the council, hend disaf. is also hereby empowered to apprehend or cause to be fected per apprehended and committed to close confinement, any are denied person or persons whatsoever, whom they may have bail, main just cause to suspect of disaffection to the independence prize, or ha- of the United States or of attachment to their enemies, beas corpus. and such person or persons shall not be set at liberty by bail, mainprize or habeas corpus. The governor, with the advice of council, is also hereby empowered, if necessary, to send within the enemy's lines, any person or persons who hath or have heretofore refused to take the oaths of allegiance, unless such refusal shall have arisen from religious scruples or other reasons equally satisfactory, and whom they shall have good cause to suspect, do still continue inimical to the independence of the United States; and also any person or persons having been previously convicted by testimony on oath before the said executive of disaffection to the government, giving any person or persons at the least twenty days notice of such banishment, that he or they may have an opportunity to dispose of his or their property, which they are hereby permitted to do. Felony with And any person refusing to go when so ordered, or out clergy to return from returning after having so gone within the enemy's hanishment. lines, shall be adjudged guilty of felony and shall suf

To sendsuch persons within the enemy's lines.

To banish ethers.

fer death without benefit of clergy. And if the time of executing any law for recruiting men or raising supplies for the army bath elapsed or may hereafter elapse before it hath been compleatly executed, the governour, with advice of council, may, by his proclamation, appoint other dates for the execution of such laws, and any person or persons failing to carry into effect the law at such dates, shall pay and suffer the same penalties as they would have paid and suffered at the time Persons op of executing the said laws as therein prescribed. If posing the laws for call- any person or persons shall make opposition by force ing out mili- to laws for the express purpose of calling men into the tary force, field for the defence of this state, he or they shall be villy dead. considered as civilly dead as to his or their

declared ci

property,

which shall go and descend to his or their next heir, or be distributed among his or their next of kin according to law; every such person shall also incur and suffer all the pains, penalties and forfeitures of a pre

munire.

criminalmat

And be it farther enacted, That the governor, with Special the advice of council, may, if occasion shall require, sourts may appoint some three persons learned in the law, either be constitu ted by goof the judges of this commonwealth or of others, by vernor and commission of oyer and terminer, to hold courts at council, with such time and place as shall be therein defined, which same pow said court shall have full power to hear and determine ers, as to all criminal matters which the general court could have ters, as genheard and determined. The said court shall be at- ́eral court. tended either by the clerk or sheriff of the general court or by the clerk or sheriff of the county wherein it shall be held, either of which sheriffs shall summon grand or petit juries from the adjoining counties where the case may require it. Provided, That the said court. may, by order, direct a venire to be summoned either of the by-standers or of others, where the circumstances of the case may prevent the getting of a jury from the vicinage. The said court shall be attended by the attorney general, or in his absence by any attorney for the commonwealth: And if the clerk of the county shall attend the said court, he shall transmit to the clerk of the general court a fair transcript of the proceedings of such court, to be by him carefully preserved among the records of his office. All persons owing suit or service to the said court so to be erected, shall be subject to, and pay the same fines, forfeitures and perralties for any neglect of duty, as the like persons bound to render suit or service to the general court are liable to. The said court thus constituted shall have power to adjourn from time to time as to them shall seem good, or as the public exigencies may require.

and commis

And be it farther enacted, That the governor, with Governor & council may the advice of council, if it shall be judged necessary discontinue may discontinue the state quarter-masters and commis- state's quar saries, and put into the hands of the continental staff ter-masters, officers the disbursement of the state resources, who saries, and shall furnish the militia, as well as other troops em- transfertheir ployed in the defence of this state, with provisions and powers to other necessaries; for which purpose the executive may, staff. if they shall adopt this arrangement, make application

continental

Rules in im

under this act.

to congress for a controuling power over the said continental staff: Provided, That care shall be taken to keep distinct accounts of the supplies furnished by this state for continental purposes, and that regular returns be made thereof to the board of auditors for this state, to be kept as vouchers for the said supplies.

And be it enacted, That all property taken or im pressments, pressed by virtue of this act shall be duly appraised in specie on oath by two indifferent persons, and a certificate thereof delivered to the owner; and every person acting under an appointment from the governor to make impresses of any property whatsoever, shall previously shew his said appointment to the person or persons concerned, or to his or their agent if to be found: Any person making impressment contrary hereto shall forfeit and pay double the value of the thing impressed. This act shall continue and be in force from and after the passing thereof until the end of the next ses sion of assembly, and no longer.

Militia in ac

articles of

ar.

CHAP. VIII.

An act to amend the act for regulating and disciplining the militia, and for other purposes.

WHEREAS the now existing laws to regulate and tual service, discipline the militia and for providing against invasubject to sions and insurrections, have been found inadequate to the end, Be it therefore enacted by the General Assembly, That the militia of this state when drawn out into actual service, and acting separately or in conjunction with regular troops, shall be and they are hereby declared to be subject to the continental rules and articles of war, except as hereafter is excepted; which shall be previously read to the militia so drawn into service. That every militia-man ordered into actual service, who shall refuse and neglect to appear at the time and place of rendezvous appointed for the company, corps or de