Preamble. Ibid. Resolution CHAP. 10. AN ACT to prevent the exportation of flour meal and grain out of this State. PASSED the 14th of March, 1778. WHEREAS the council of safety did on the eleventh day of November in the year of our Lord one thousand seven hundred and seventyseven by a certain resolution then made and published lay an embargo against the exportation of all flour, meal and grain whatsoever out of this State and did thereby strictly forbid all persons whatsoever as well inhabitants of this State as others, from and after the sixteenth day of the said month of November under any colour or pretence whatsoever either directly or indirectly to export or attempt to export or cause or procure to be exported or attempted to be exported out of this State any flour meal or grain of any kind or quality whatsoever either by land or by water without the special License of the said council of safety or the convention or legislature of this State first had and obtained for the purpose And whereas it is still expedient to continue the said embargo as well for the better supplying the inhabitants of this State and the troops that shall from time to time be in the service of the United States of America with bread as for preventing supplies of the said necessary articles of provision to the enemy subject nevertheless to certain alterations and regulations which are now become necessary. Be it therefore enacted by the People of the State of New York repconfirmed. resented in Senate and Assembly and it is hereby enacted by the authority of the same That the said resolution of the said council of safety and the embargo thereby laid except such parts thereof as are herein after repealed shall stand and be and hereby are confirmed and continued from the time of the making and publishing of the said resolution until the same shall hereafter be repealed annulled and made void by some future act of the legislature of this State. Clauses repealed. ing expor flour And be it further enacted by the authority aforesaid That all and singular the lauses and provisions in the said ordinance or resolution contained except such part or parts of the same as is or are herein above recited shall be, and the same hereby is and are absolutely repealed annulled and made void any thing in the same or any or either of them contained to the contrary thereof in any wise notwithstanding. Resolution And be it further enacted by the authority aforesaid That a certain resofor licens-lution made and published by the said council of safety on the twentytation of first day of November in the year of our Lord one thousand seven hundred and seventy-seven for licensing the exportation of flour meal and grain out of this State under certain regulations and restrictions therein mentioned shall be and the same is hereby repealed and declared null and void. repealed. On special occasions exportation may be licensed. And whereas notwithstanding the said embargo it may be necessary in special cases to license the exportation of flour meal and grain out of this State. Be it therefore enacted by the authority aforesaid That it shall and may be lawful for the governor, lieutenant-governor or the president of the senate administering the government of this State for the time being by and with the advice and consent of any two members of the legislature upon special occasions according to his and their discre tion from time to time until further provision be made herein by the legislature of this State to license the exportation of flour,meal and grain out of the same, under such limitations restrictions and regulations as to them shall seem proper. And in order the better to enforce the observance of the said Embargo; tion of officers flour, etc., ported. Be it further enacted by the authority aforesaid That whoever shall Penalty offend against the tenor true intent and meaning of the said ordi- for viola. nance or Resolution of the said council first above mentioned or of ordinance this act either by exporting or causing or procuring to be exported exporting against out of this State, the same being actually exported out of the same any flour, etc. flour meal or grain without such special license as the governor, lieutenant-governor or president of the senate of this State for the time being administering the government thereof shall and may by and with. such advice and consent as aforesaid grant by virtue hereof, shall forfeit and pay for every offence treble the value of the flour meal or grain so exported to be recovered in an action of debt with full cost of suit either by bill plaint or information in the supreme court of judicature of this State or in the county court of the county wherein the offence shall have been committed; wherein the defendant shall be held to bail as in actions of debt upon specialty and wherein also no essoin protection or wager of law nor any more than one imparlance shall be allowed. And be it further enacted by the authority aforesaid whenever any mem- When ber of any county committee or of any precinct or district committee or named any justice, sherif or other peace officer within this State shall suspect may seize that any flour meal or grain passing through any part of this State is intended intended or will be attempted to be exported without such special licence to be exas aforesaid he shall and he is hereby authorized and required to seize and detain the same and also the vessels, slaves; cattle and carriages by whom and where with or whereby the same shall be so attempted to be exported until he shall have caused inquiry to be made, by the Enquiry oaths of twelve good and lawful men of the neighbourhood wherein such by jury in seizures shall have been made whether the flour meal or grain so seized seizure. was attempted to be so exported as aforesaid without such special licence as aforesaid giving to the person or persons who possessed the same when the same was seized if free or if a slave or slaves then to the owner or owners of such flour meal or grain if he or they be known eight days previous notice in writing of such inquiry before the same shall be made and in case the jury so to enquire shall find that the said flour meal or grain was attempted to be exported as aforesaid without such special license as aforesaid the same and the vessels, Slaves, cattle and carriages by whom and wherewith or whereby the said flour meal or grain shall have been attempted to be exported shall be and hereby are declared forfeited and shall be sold at public vendue by the Person who shall have seized the same one full and equal third part of the monies arising from which sale after deducting thereout the necessary costs and charges shall be paid to the informer and the other two equal third parts thereof into the treasury of this State. And be it further enacted by the authority aforesaid, and it is hereby Persons provided That no person shall be questioned judicially for any act matter note or thing contrary to the tenor or true intent and meaning of the said for any act embargo, that shall have been done, acted or transacted by him or her to the pasbefore the passing of this act any thing in the said embargo or in any sage of act or resolution of the said council of safety or in this act to the contrary hereof notwithstanding. case of questioned previous this law Preamble. Crimes, offenses, etc., discharged and per doned. CHAP. 11. AN ACT to discharge pardon and remit all offences prosecutions convictions penalties and forfeitures by virtue of an Act entitled "An Act for preventing tumultuous and riotous assemblies in the places therein mentioned, and for the more speedy and effectual punishing the rioters. PASSED the 16th of March, 1778. WHEREAS by a certain act of the governor the council and the general assembly of the late colony of New-York entitled "An act for treventing tumultuous and riotous assemblies in the places therein mentioned and for the more speedy and effectual punishing the rioters passed the ninth day of March in the year of our Lord one thousand seven hundred and seventy-four, certain new and extraordinary provisions were made for the prosecution conviction and punishment of certain persons therein named and others for certain offences committed within the counties of Albany and Charlotte, which provisions being confined to the cases of offences committed within the said two counties and of those persons who may have harboured or concealed the offenders, were in themselves partial, and by altering the law of the land in the said two counties and enacting extraordinary and severe penalties, excluding offenders by a new device from the benefit of a trial by their peers before conviction are not only inconsistent with the genius and spirit of a free government, but are also unjust, founded in ill policy and have been the cause of great discontent among the subjects of this State. And whereas altho' the said act has long since expired by its own limitation yet doubts have arose whether persons may not be questioned thereon in a course of law for offences committed against the same before the expiration thereof. In order therefore to remove such doubts and to exempt from prosecution and punishment and to ease and quiet in their minds all persons who may be or have been in any wise affected by the said act. Be it enacted by the People of the State of New-York represented in Senate and Assembly and it is hereby enacted by the authority of the same. That all crimes and offences committed against the said act and all par presentments indictments and prosecutions thereon, now depending and undetermined, and all convictions thereon against the persons named in the said act or any or either of them or against any other person or persons whatsoever for any or either of the crimes or offences mentioned in the said act, be and the same are hereby fully absolutely and forever discharged pardoned and superceded, and that the penalties and forfeitures thereon and each and every of them be and the same are hereby fully wholly and entirely released and remitted, and every of the said persons in the said act named and all others affected thereby are hereby severally fully restored to the same estate and condition respectively in which they severally were before the passing of the said act, any thing in the said act contained to the contrary hereof in any wise notwithstanding. CHAP. 12. AN ACT further to organize the government of this State. and deliv of State Be it enacted by the People of the State of New-York represented ni All bills Senate and Assembly and it is hereby enacted by the authority of the same, becoming That whenever and as often as a bill shall have been revised by the indorsed council appointed to revise all bills about to be passed into laws by ered to the the legislature (and which council shall forever hereafter be known secretary by the name of the council of revision) and the said council shall and rehave thereon declared that it did not appear to them improper that the corded. said bill should become a law of this State, or if the said bill shall have been before the said council by the space of ten days, and shall not have been returned by the said council with their objections thereto, as by the Constitution of this State is required, whereby the same shall have become a law of this State, a certificate thereof as the case may be, to be subscribed by the person administering the government of this State for the time being shall be endorsed on such law; whereupon the said person administring the government shall with his own proper hand deliver such law to the secretary of the State for the time being or his sworn deputy, who shall cause the same to be deposited in the secretary's office, and recorded in a book or books to be kept for that purpose. And that whenever and as often as a bill returned by the said council of revision to be re-considered shall notwithstanding be passed into a law, the president of the senate or speaker of the assembly in whichsoever the same shall upon such reconsideration last past, shall deliver such law with his own proper hand to the secretary of the State for the time being or his sworn deputy, to be deposited and recorded as aforesaid; and the secretary of the State for the time being or his sworn deputy shall attend at every session of the legislature for the purpose of receiving laws to be delivered to him as aforesaid. to arms And whereas arms have been devised for this State, and two several Proviso as seals have been devised and made, one of the said seals as and for the and seals. great seal, and the other as and for the privy seal of this State (and which said seals are now in the custody and possession of his excellency the present governor) to be the State, Be it therefore further enacted by the authority aforesaid That the said Declared arms and seals shall severally be, and they are hereby respectively de- seals and clared to be the arms the great seal, and the privy seal of this State. arms of That the person administring the government of this State for the time custody being shall have the custody and possession of the said seals. That the of, etc. said seal hereby declared to be the privy seal shall be the seal for military commissions and all such matters and things as heretofore, while this State as the colony of New-York was subject to the crown of Great-Britain were issued under the seal at arms of the governor or commander in chief of the colony for the time being shall issue under the said seal hereby declared to be the privy seal of this State; and that all such matters and things as heretofore while this State as the colony of New-York was subject to the crown of Great-Britain were issued under the great seal of the colony, shall in future (the proceedings in the court of chancery herein after mentioned excepted) issue under the said seal hereby declared to be the great seal of this State; and shall be made out and entered of record in the office of secretary of the State, Power and jurisdiction of judge of court of probates. in the same manner as when this State as the colony of New-York was subject to the crown of Great-Britain the same were made out and entered of record in the office of secretary of the colony. pro And be it further enacted by the authority aforesaid That the judge of the court of probates of this State shall be vested with all and singular the powers and authorities, and have the like jurisdiction in testamentary matters, which, while this State as the colony of New-York was subject to the crown of Great-Britain, the governor or commander in chief of the colony for the time being had and exercised as judge of the prerogative court or court of probates of the said colony, except as to the nomination and appointment of surrogates in the several counties, who shall be nominated and appointed by the council of appointment and commissioned under the great seal: And that all letters of administration to be granted by the said judge, and all citations and other cesses issuing out of the said court shall run in the name of the people of this State and be tested in the name of the judge of the said court. Chancel- And be it further enacted by the authority aforesaid, That the chanlor and cellor the judges of the supreme court, the judge of the court of judges named to admiralty, the judge of the court of probates, and the judges of the inferior courts of common pleas in the several counties within this State, respectively shall be, and they are hereby respectively authorized and required, forthwith to cause seals for the courts in which they respectively are judges, to be devised and made; and that all commissions writs processes and other proceedings which heretofore by the course and practice of the court of chancery while this State as the colony of New-York was subject to the crown of Great-Britain issued under the great seal, shall in future issue under the said seal so to be devised and made as and for the seal of the said court. That all proceedings in the court of chancery, and all proceedings in the supreme court, which heretofore while this State, as the colony of New-York was subject to the crown of Great-Britain were by law, supposed to be before the king himself shall in future be before the people of this State. cause seals for courts to be de vised, etc. Descrip tions in writing of arms and to secre tary of State. And be it further enacted by the authority aforesaid That the person administering the government of this State, as soon as conveniently devices of may be after the publication hereof shall deliver to the secretary of seals to be the State descriptions in writing of the devices of the said arms and delivered seals, hereby declared to be the arms great seal and privy seal of this State; and that the chancellor, the judges of the supreme court, the judge of the court of admiralty, and the judges of the court of probates, shall severally as soon as conveniently may be after they shall have caused seals to be devised and made for the courts in which they respectively are judges as aforesaid, deliver to the secretary of the State descriptions in writing of the said several seals which said several descriptions in writing the said secretary of the State shall deposit and record in his office there to remain as public records of this State. Commissions, etc., on paper valid. Terms of courts, etc. And be it further enacted by the authority aforesaid That all commissions and law proceedings shall during the present war, and for and during the space of one year after the expiration of the same, be as valid legal and effectual to all intents and purposes on paper as if the same were on parchment. And be it further enacted by the authority aforesaid That the supreme court of judicature of this State, and the inferior courts of common pleas, and the courts of general or quarter sessions of the peace in the several counties within this State shall be held on and |