and clerk en

Surplus of proceeds of sale, for tax

es, how disposed of,

and the treasurer for the time being is also authorized and directed to receive the same in payment from the several sheriffs or collectors aforesaid, lastead of the Allowance to allowance of ten shillings by the day by the said commission- former acts to the commissioners of the tax, and to ers, assessors their clerk, they shall be entitled to the sum of thirty creased. shillings each by the day, for their future services. And instead of the allowance by the same acts to the assessors, it shall be lawful for the commissioners to give them any sum not exceeding thirty pounds each, for their services this present year. And to prevent inconveniencies in case of distress, levied for any of the taxes imposed by this act, It is hereby enacted, That where such distress shall be made, and a sale in consequence thereof, the surplus after paying the tax, if remain in the hands of the sheriff or collector, any and the proprietor will not receive it upon tender to him, shall be accounted for, and paid by the officer making such distress, into the hands of the cominissioners of the county for the time being, who shall pay the same over to their successours, to be applied in discharge (as far as such surplus will extend) of the taxes which may become due from the same person in the next or any succeeding year; but such surplus shall be paid to the proprietor of the property if he will receive the same, and if the officer making such distress, shall neglect to tender the surplus to the proprietor of the effects, or pay the same over to the commissioners (in case of refusal by such proprietor) such officer shall forfeit and pay the sum of five hundred pounds for his deFines, how fault. The fine or penalty incurred by this act, in any appropria- instance, shall be one half to the informer, or him who will sue for the same, the other half to the commonwealth, to be recovered by action of debt in any court of record. And be it farther enacted, That so much Part of for- of an act of general assembly, entitled "An Act for mer acts repealed. raising a supply of money for publick exigencies;" and of one other act, entitled "An Act to amend an act entitled An Act for raising a supply of money for publick exigencies," as comes within the purview of this act, is, and stands hereby repealed. And that this act shall be in force during the continuance of the said first mentioned act, and no longer.

ted.

CHAP. II.

An Act establishing a Board of [From Revi

Trade.

sed Bills of 1779, chap. IX. p. 9.]

Board of

BE it enacted by the General Assembly, That a board of trade shall be constituted, to consist of three trade how persons not exercising commerce on private account, to constituted. be chosen by joint ballot of both houses of assembly at the first session of every assembly, and to continue in office until the next choice shall be made; but any member may be removed within that time by joint vote of both houses, and thereupon, as also on the death, resignation, or refusal to act of any member, they shall proceed to choose another in his stead, or if such death, resignation, or refusal, happen during Vacancies, the recess of assembly, the governour and council may how suppliappoint some person to act in the said office until the end of the next session of assembly; the members having in some court of record, or before some judge or justice thereof, given assurance of fidelity to the commonwealth, and taken the following oath: "I A. B. do solemnly promise and swear, that I will faithfully, impartially, and justly perform the duty of my office of a member of the board of trade, according to the best of my skill and judgment. So help me God." Any two of them may proceed to business.

ed.

Oath of

members.

Duty, and

board.

The duty of the said board shall be to see to the procuring by importation or otherwise, all military powers of stores, clothing, accoutrements, utensils, materials, and necessaries, which shall be required by the governour, with the advice of the council, for the publick use, or for the use of the officers, soldiers, sailors and marines, raised under the laws of this commonwealth; taking care to send for such additional quantities as may provide against disappointments, happening by capture or otherwise; to procure salt, and cards for manufacturing cotton and wool, and distribute the same properly among the people of this commonwealth, at such prices only, as will reimburse the publick; where cargoes shall contain a considerable proportion of the articles before mentioned, together with others not wanting for the publick use, and the same can only be bought by wholesale, or may be so

Their proeeedings subject to controul of

executive.

How monies

for the use

bought to better account, to purchase the said cargoes, and to sell again as diffusive as possible, such parts of them as are not so wanting; to make payment for the same in money, or in commodities, or bills of exchange to be purchased by them for that purpose, or in specie or bullion; to have them stored and safely kept until called for by the governour and council or board of war; to superintend and direct all persons and things employed in or about the said business; to superintend the publick manufactories of all articles, which by this act they are required to provide, to fit out, purchase, or charter vessels of burthen, or of dispatch necessary for fulfilling the purposes of this act, or for carrying or procuring advices for government: All the proceedings of the said board before they are carried into execution, shall be submitted to the governour and council for their approbation, amendment, or negative.

The governour with advice of council, shall notify, drawn from from time to time to the board of auditors, the sums the treasury, of money which may be necessary for the purposes of the board, before mentioned, who shall thereupon give their warrant, or warrants, on the treasurer for the advance of such monies, to be regular debited and accounted for in due time.

Where the board to sit,

vened.

Their clerk;

The said board shall sit at such place and in such apartments, as the governour with advice of council and how con- shall direct; and if at any time they shall be separated and occasion for their meeting shall arise, the governour shall have power to call them together: They shall from time to time appoint their own clerk, or clerks, who shall take an oath to keep secret all such matters as they shall direct to be kept secret; which oath may be administered by any member of the

oath of se. crecy.

board.

CHAP. III.

An Act establishing a Board of

War.

[From Revised Bills of 1779, chap. VIII. p. 8.]

Board of

constituted.

how suppli

BE it enacted by the General Assembly, That a board of war shall be constituted to consist of five war, how persons to be chosen by joint ballot of both houses of assembly at the first session of every assembly, and to continue in office until the next choice shall be made; but any member may be removed within that time by, Vacancies, joint vote of both houses, and thereupon, as also on ed the death, resignation, or refusal to act of any member, they shall proceed to choose another, to act in his stead and during his term, and if such death, resignation, or refusal to act, happen during the recess of assembly, the governour and council may appoint some person to act in the said office, until the end of the next session of assembly; the members having in some court of record, or before some judge or justice thereof, given assurance of fidelity to the commonwealth, and taken the following oath: "I A. B. do solemnly promise and swear, that I will faithfully, impartially, and justly perform the duty of my office of a member of the board of war, according to the best of my skill and judgment. So help me God." Any three of them may proceed to business, and he who is first in the nomination shall preside.

The duty of the said board shall be to superintend and manage, subject to the direction and controul of the governour with the advice of the council, all matters and things within the department of war, and all persons holding offices or performing duties within that department; all their resolutions, proceedings, and orders before they are carried into execution, shall be signed by the governour; the said board shall depute by rotation, unless they can otherwise agree, some one of their members to visit, and personally examine and report, once in every two months at the least, the condition of the military stores and provisions in the several magazines, they shall also appoint a commissary of prisoners.

Oath of members.

Their duty, subject to diecutive.

rection of ex

Where to

They shall sit at such places and in such apartments sit, and how as the governour with the advice of the council shall convened. VOL. X.

C

direct; and if at any time they shall be separated, and occasion for their meeting shall arise, the governour Commission shall have power to call them together; they shall have authority from time to time, to appoint a commissioner of the navy, and also their own clerk; which clerk and commissioner, shall severally take an oath of office, and also to keep secret all such matters as they shall direct to be kept secret; the said oath may be administered by any member of the board.

er of the navy, and their clerk, appointed by

them.

Oath of se.

crecy.

Preamble.

to be raised.

How organized.

CHAP. IV.

An Act for raising a body of Volunteers for the defence of the commonwealth.

WHEREAS it is necessary that the state be at all times provided with a force sufficient to repel any hostile invasion, and it being found that the militia, as it is at present constituted, is not sufficient for that purpose, Be it enacted by the General Assembly, That Volunteers there be immediately raised for the publick service, four thousand five hundred and sixty volunteers, including non-commissioned officers, to serve within this commonwealth for the defence thereof during the present invasion, who are to be regimented, officered, and accoutred, in manner as is herein after directed. That the said four thousand five hundred and sixty volunteers, when raised, be formed into battalions of ten companies, each company to consist of fifty rank and file, to be commanded (except where otherwise directOfficers and ed) by a captain, lieutenant, and ensign, an adjutant and regimental quarter-master, to be appointed from the officers of the regiment, a surgeon, and surgeon's mate, one serjeant major, one drum major, four serjeants, four corporals, one drummer, and one fifer to each company. Each regiment to be commanded by a lieutenant colonel and major, who shall have a company in the regiment, and draw pay as captains also; to each of which companies there shall be an additional lieu

staff.