Proviso.

Further pro viso.

ants of U.

that there are not on board my ship or vessel any of the following articles, to wit, beef, pork, bacon, wheat, Indian corn, pease, or other grain, or flour or meal made of the same, any or either of them, or any other provisions prohibited to be exported, except such only as are necessary for the victualling such ship or vessel for her voyage. So help me God." Which oath the naval officer for the district where the said ship or vessel is laden, shall be, and he is hereby required and empowered to administer.

Provided always, That nothing herein contained shall be construed to restrain the taking on board any ship or vessel any of the above enumerated articles, or other provisions that may be necessary for the victualling such ship or vessel for her voyage.

Provided also, That none of the articles prohibited, laden on board any ship or vessel for exportation, before notice of such embargo, shall be liable to seizure or forfeiture, if the owner or owners shall, in convenient time after proclamation of such embargo issued, reland or cause the same to be relanded and disposed of in this

state.

Executive Provided nevertheless, That where the inhabitants of may permit provisions to any of the United States shall be in real distress for be exported want of provisions, upon application of the executive to inhabit. power of such state to the executive power of this, it shall be lawful for the governour, with the advice of the States, in real distress, council, to suffer provisions to be exported to such state; the naval officer taking bond with sufficient security in at least double the value of the cargo to be exported, and exacting an oath from the exporter for the faithful exportation thereof.

This act shall be in force from and after the passing thereof, unto the end of the next session of assembly, and no longer. And all other acts so far as they relate to any matter or thing herein contained, or within the purview of this act, are hereby repealed.

CHAP. XVI.

An Act to supply the inhabitants of this Commonwealth with Salt upon reasonable terms.

WHEREAS divers ill disposed persons have posses- Preamble. sed themselves of large quantities of salt, which they have not only refused to sell at any reasonable price, but to enhance the value of their own salt, and to prevent their fellow citizens from being supplied with that necessary article of life, unless they will submit to their exorbitant demands, have purchased up large quantities from the several retailers in this state, by voluntarily offering larger prices in the wholesale way than those retailers were actually selling the same for by the single bushel, which iniquitous practice calls loudly for redress:

Be it therefore enacted by the General Assembly, That Embargo it shall and may be lawful for the governour, with the laid on salt. advice of the council, and he is hereby authorised and required to lay an immediate embargo upon all salt now within this commonwealth for the space of four months; and that the holders of such salt may be deterred from attempting to export it contrary to the intent

of this act, Be it enacted, That every vessel or carriage Penalty for in which such salt shall be attempted to be exported, attempting be, together with their lading, forfeited, one half to the to export it. informer, the other to the use of the commonwealth, to

be recovered by bill or information in any court of re

cord.

be seized &

disposed of.

And that all persons who have purchased up large How salt enquantities of salt, with an intention of keeping up that grossed may commodity, may be disappointed in their wicked designs, to distress and ruin their fellow citizens, Be it farther enacted, That whenever any person shall be suspected of having engrossed a larger quantity of salt than is necessary for his own use, and shall refuse to sell the same at a moderate price, it shall be lawful for any justice of the peace of this commonwealth, and he is hereby required, upon the application of any freeholder within the same, to grant his warrant directed to three freeholders within his county, who being first sworn to

Proviso.

act impartially, shall have liberty, accompanied with the sheriff, deputy sheriff, or constable, to break open in the day time, and search for, seize, appraise, and value all the salt found in the possession of any engrosser, over and above what is necessary for his own use, so that they shall not appraise the salt so seized at a higher price than that which salt was actually retailed at by the single bushel at the time the engrosser purchased the same; and the said freeholders shall return a certificate of their valuation, together with the number of bushels seized, to the governour and council, who are hereby authorised and required to appoint one or more commissioners in each county, city, and corporation, in this commonwealth, who having first given bond and security in the sum of five thousand pounds faithfully to discharge his duty, shall take charge of, and store all the salt so seized in his district, and deliver the same out to the order of the court of each county, city, and corporation, in this commonwealth, in such proportions as the governour, with the advice of the council, shall allot and direct; provided that the valuation money, together with the sum of one shilling and seven pence per bushel, and the charge of storage, shall be paid him at the time of delivering such salt; out of which price the said commissioner or commissioners shall retain in his own hands the necessary expense of storage, and one shilling per bushel for his trouble, and six pence per bushel to be paid by him to the freeholders who made the seizure, also one penny per bushel to the sheriff or officer who attended for their trouble, and shall pay the residue to the proprietor of the salt; aud on failing to do the same in two months shall forfeit and pay the sum of one shilling per bushel, over and above what shall be due from him on account of the salt so delivered out, which money so due from him, together with the forfeiture last mentioned, shall be recovered by the proprietor on motion in any court of record within this commonwealth, provided the said commissioner or commissioners shall have ten days previous notice thereof.

Provided nevertheless, That nothing herein contained shall be construed to empower the governour to lay an embargo on any salt hereafter to be imported, or to subject such salt to any seizure; and wherever any question shall arise whether the salt seized was really imported

after the commencement of this act, the onus probandi shall lie on the proprietor.

vise.

Provided, That nothing herein contained shall be Further proconstrued to extend to any person who has really purchased or laid up salt for the use of his family, not exceeding what shall be thought by the said freeholders sufficient to serve the said persons family and stock for

one year.

And be it farther enacted, That if any justice of the refusing to peace shall, upon application made to him by any free- Penalties for holder, refuse or neglect to issue a warrant, as is here- execute this in before directed, for the space of four hours, he shall act. forfeit and pay the sum of five hundred pounds; and if any freeholder to whom such warrant shall be directed shall fail to execute the same, he shall forfeit and pay the sum of two hundred pounds. And all other penal- Penalties, ties and forfeitures hereby inflicted shall be recovered in any court of record in this commonwealth, by action propriated. of debt, bill, plaint, or information; one half thereof to the informer who shall sue for the same, the other half to the use of the commonwealth.

how recov ered and ap

And if any person or persons shall be sued for any Indemnificathing by him or them done in execution of this act, it tion., shall be lawful for him to give this act in evidence upon the general issue, and if a verdict be found for the defendant or defendants, he or they shall recover treble

costs.

exportation

And whereas other persons who may wish to evade this, Provision of may, under the pretence of carrying the salt to the Eas- this act extern Shore, proceed with it to some other place, Be it tended to enacted, That the same restrictions and prohibitions of Salt to shall take place with respect to that part of the country Eastern as are directed with regard to the other states, it appearing that the inhabitants of the Eastern Shore have made salt sufficient for their own use.

And be it farther enacted, That this act shall commence and be in force from and after the sixteenth day of November in the present year.

Shore.

CHAP. XVII.

[Chan. Rev. An act for establishing a board of Auditors for publick accounts.

pa. 84.)

I. BE it enacted by the General Assembly, That there shall be a standing board of auditors for publick Auditors, how appoin- accounts, to consist of three persons, to be chosen from ted, qualified time to time as vacancies shall happen, by joint ballot and remova- of both houses of assembly, and to continue in office

ble.

until removed by the joint vote of both the said houses; and where any person so appointed shall refuse to act, resign, or die, during the recess of assembly, it shall be lawful for the governour, with the advice of the council of state, to appoint some other fit and able person to act in his stead until the next meeting of the general assembly. The auditors so appointed shall not be capable of acting until they shall have taken the oath of fidelity to the commonwealth, and also an oath impartially and honestly to execute the duties of their office; which oaths during the sessions of the high court of chancery shall be taken before the said court, and during their vacation shall be taken before some judge thereof, and by him shall be certified to his next succeeding court and entered of record; any two of the said auditors so qualified shall have power to proceed to business. The auditors now in office by virtue of former appointments shall continue to act and be considered to all future intents and purposes as if they had been appointed by virtue of this act.

II. The said board of auditors are authorised and Their pow er, duty, and required to state and keep an exact account of all artisubjects of cles of debit or credit hereafter to arise between this examination. commonwealth and the United States of America, or any of them, or any other state; to raise and keep accounts with all officers of civil government who are entitled to receive from the publick treasury salaries or wages fixed by law; to inquire into all legal expenditures for the army, navy, or militia, of this commonwealth (including in respect to the last those expenditures which ought to be paid by the United States, to adjust which no immediate provision shall have been made by congress) and on requisition from the governour and council to give their warrant to the treasurer