p. 145.]

See Oct.

1780, c. 27,

and notes.

CHAP. XIX.

[Chan. Rev. An act to adjust and regulate the pay and accounts of the officers and soldiers of the Virginia line on continental establishment, and also of the officers, soldiers, sailors, and marines, in the service of this state, and for other purposes.

Preamble.

time pay

shall be

cie.

Auditors to adjust ac

counts ac

cording to

I. WHEREAS from the depreciation of paper money and other concurring circumstances, the pay of the officers and soldiers of the Virginia line on continental establishment hath been altogether inadequate to their services: To the end, therefore, that justice may be done and redress afforded as far as the present circumstances of the state will admit, Be it enacted by For what the General Assembly, That the whole pay and subsistence of the officers and soldiers of the Virginia line equal to spe- in continental service shall be made equal to specie from the first day of January, one thousand seven hundred and seventy-seven; that the auditors of public accounts do settle and adjust the pay and accounts of the said officers and soldiers from the said first day of January, one thousand seven hundred and seventy-seven, to the scale of delast day of December, one thousand seven hundred and preciation; and give eighty-one. And the said auditors are hereby authoprinted cer- rised and directed to estimate in specie all sums of contificates pay-tinental and state money received by the said officers and soldiers on account of their pay within the period aforesaid, agreeable to the dates of their receipts respectively, and according to a scale of depreciation hereafter mentioned and contained. And printed certificates (payable on or before the first day of January, one thousand seven hundred and eighty-five, with interest at the rate of six per centum per annum) expressing the sum in specie, shall, by the said auditors, be individually given to the said officers and soldiers for the respective balances that may appear to be due them by the public. them by the public. And the said auditors shall, in like manner, settle and adjust the accounts of all officers and soldiers of the said line who have fallen or

able with in

terest.

Also of offi

cers and soldiers dead.

died in the service during the said period; and their lawful representatives shall be entitled to such certificates, and all other benefits and advantages hereby granted to the officers and soldiers now in the line.

Auditors to return a list

of certificates to treasurer.

II. And whereas a number of officers and soldiers, who are now out of the service by the resignation of the officers and expiration of the terms of the soldiers, received no pay for some space of time before their leaving the service, by which the public is consideraOr out of bly in arrears to them: Be it therefore enacted, That the service, the said auditors shall in like manner settle the ac- for the time counts of the said officers and soldiers to the time of they served. their leaving the service, and grant them certificates for the sums that may be found due them in manner as herein before directed for the officers and private men now in the line. And the said auditors shall, after having adjusted and settled the accounts aforesaid, return an exact list to the treasurer for the time being of the sums due and certificates granted therefor, of which a correct account shall be kept by the treasurer for his government at the time the said certificates shall be redeemable. And in the mean time, for the immediate relief of the officers of the line aforesaid, the auditors of public accounts are hereby directed to issue officers. immediately after the passing this act, to all such of the said officers who shall have been in the said line prior to the first day of May, one thousand seven hundred and seventy-seven, and still belong thereto, like certificates for the amount of two years pay in specie, agreeable to the allowances made by a resolution of congress of the twelfth day of August, one thousand seven hundred and eighty, payable as aforesaid, with interest at the rate of six per centum per annum; and to all such of the said officers who shall have come into the service since that period, similar certificates for the amount of one year's pay, provided they shall have been in service one year.

Advance to

III. And be it farther enacted, That the wages of the Future pay said officers and soldiers shall, in future, be regularly in specie. paid in specie, or the value thereof, once in every quarter of a year at least.

IV. And be it farther enacted, That the said auditors be, and they are hereby authorised to call on all officers of the said line who have drawn, from the continent or state, monies for public purposes and have

Officers to

account for money advanced;

In what manper;

not accounted for the same, to settle their accounts thereon, according to the table of depreciation by this act established; and where it shall appear to the auditors aforesaid, that from captivity or other circumstances, officers have sufficient reasons for not having had their accounts settled in due time, or where it shall be manifested that there has been no misapplication of the said monies on the part of the said officers, that in such cases no depreciation shall be charged thereon; and that where it shall be made appear that officers have advanced of their own monies for the public service, they shall be allowed the full depreciation thereAnd for on. And all officers who have received cloathing from cloathing. the state at stated prices, are to account for the same. Certificates V. And be it farther enacted, That the sales of all to be receiv- forfeited and escheated estates which shall hereafter be ed on sale of sold, shall be made in specie or tobacco, at a price to forfeited es- be fixed by the auditors of public accounts, and the

tates.

that to be

persons employed in selling the same are hereby authorised and directed to receive the certificates to be given to the officers and soldiers of the Virginia line by virtue of this act, as equal to specie; and in all cases where monies are payable to the public for the sales of forfeited estates, the said certificates are to be considered as a lawful tender for the like sums of gold and silver.

of

VI. And be it farther enacted, That in case any If sales paid the above-mentioned forfeited estates shall be sold and for in specie paid for in specie, the persons receiving the same shall reserved for pay the said money to the treasurer for the time being, redeeming which he is hereby directed to reserve for redeeming certificates. the certificates aforesaid which shall remain unpaid, in

Scale of de

such manner as the general assembly shall order and direct: And the certificates for the sales of the said forfeited estates, and in other cases where the same may have been paid to the public in lieu of specie, shall be, by the persons so receiving them, delivered to the treasurer aforesaid, who is hereby directed to keep them to be cancelled and destroyed in such manner as the general assembly shall order and direct.

VII. And be it farther enacted, That the following preciation. scale of depreciation shall be the rule by which the said auditors shall be governed in the settlement aforesaid, to wit:

"

t

In the year one thousand seven hundred and seventy

seven.

January one and a half, February one and a half, In 1777. March two, April two and a half, May two and a half, June two and a half, July three, August three, September three, October three, November three, December four.

In the year one thousand seven hundred and seventy-:

eight.

January four, February five, March five, April five, In 1778. May five, June five, July five, August five, September five, October five, November six, December six.

·In the year one thousand seven hundred and seventynine.

January eight, February ten, March ten, April six- In 1779. teen, May twenty, June twenty, July twenty-one, August twenty-two, September twenty-four, October tweneight, November thirty-six, December forty.

In the year one thousand seven hundred and eighty. January forty-two, February forty-five, March fifty, In 1780, April sixty, May sixty, June sixty-five, July sixty-five, August seventy, September seventy-two, October seventy-three, November seventy-four, December seventy-five.

In the year one thousand seven hundred and eighty-one. January seventy-five, February eighty, March nine- In 1781 ty, April one hundred, May one hundred and fifty, June two hundred and fifty, July four hundred, August five hundred, September six hundred, October seven hundred, November eight hundred, December one thousand.

and soldiers

VIII. And whereas a considerable part of the tract Further tract of country allotted for the officers and soldiers by an of territory act of assembly entitled, "An act for establishing a allotted for land-office, and ascertaining the terms and manner of the officers granting waste and unappropriated lands," hath, upon in lieu of that the extension of the boundary line between this state fallen into and North-Carolina, fallen into that state, and the in- N. Carolina. tentions of the said act are so far frustrated:. Be it therefore enacted, That all that tract of land included within the rivers Mississippi, Ohio and Tenissee, and the Carolina boundary line, shall be, and the same is hereby substituted in lieu of such lands so fallen into the VOL. X. I 3

When and how.their

said state of North-Carolina, to be in the same manner subject to be claimed by the said officers and soldiers. IX. And be it farther enacted, That the governor, with the advice of the council, shall, as soon as the circumstances of affairs will admit, appoint surveyors, to lands may be be nominated, examined and commissioned in the ususurveyed. al form, for the purpose of surveying and apportioning the said lands and the tract heretofore reserved for the said purpose to the said officers and soldiers agreeable to their ranks respectively, in such manner and in such proportions as are allowed by act of assembly as a bounty for military services: And it shall be lawful for the said officers to depute and appoint as many of their number as they may think proper to superintend the laying off the said lands, who shall have power to choose the best of the same, thus to be allotted, and point the same out to the said surveyors, who shall proceed to survey the same in the proportion as they shall be directed by the said superintendants, and shall in the same manner be subject to their orders throughout the survey, which said surveys shall be at the expence of the officers and soldiers: And after such survey, the portions of each rank shall be numbered, and the said officers and soldiers shall, according to their ranks respectively, proceed to draw lots for the numbers, which they shall have power to locate as soon as they shall think proper; which said lands shall be free from taxation during the continuance of the present war. Provided nevertheless, That if at any time after the said location and allotment shall have taken place, any officer shall resign, or by his misconduct forfeit his commission, the lot by him so located shall revert to the state: And provided also, That nothing contained in this act shall be construed to debar the officers of the artillery and cavalry, citizens of this state who received their appointments originally in the same, and have by a regular line of succession been, or shall be, promoted to a corps raised in another state, from any of the benefits hereby granted, or intended to be granted, to the officers of the Virginia line.

Return to be

X. And whereas by the reduction of the battalions made of state and corps in the state service, a considerable number officers and of officers have become supernumerary; Be it enacted, their merits. That a return of all the state officers shall be made to