certificate has been paid to a sheriff in discharge of taxes, who has availed himself of the great depreciation of money, in discharging his public account, and shall hereafter exhibit such certificate to the auditors or any county court, in his name or the name of any other person, in orde: to avoid such enquiry and fix unjust demands against the public, the auditors or courts shall in all instances make the like enquiry, and render justice to the public and individuals.

CHAP. XLVI.

[Chapter LXXXVI

An act for auditing certain public in original.]

claims.

1. WHEREAS by an act passed the last session of Preamble. assembly, intituled, "An act for adjusting claims for property impressed or taken for public service," the several county courts within this commonwealth were directed to adjust the claims of all persons against the state; and to return their proceedings therein to the present assembly: And whereas from inspecting and examining many of the said claims as adjusted and allowed by the county courts, it hath been adjudged expedient to refer the final adjustment thereof to the auditors of public accounts:

II. Be it therefore enacted, That the auditors of pub- Auditors to lic accounts shall, and they are hereby directed and settle claims required to settle all the claims made by the several for property county courts, and make allowances thereupon, for impressed for public property impressed or taken for public use, agreeable services. to the following prices, that is to say: wheat at five shillings per bushel; flour fifteen shillings per hundred at what pri weight; seconds, ten shillings per hundred weight; corn, two shillings per bushel; oats, one shilling and six penca per bushel; fodder or hay, three shillings per hundred weight; pasturage for cattle or horses, four pence for twenty-four hours; waggon-hire, with a full team and driver and finding provisions and forage, fifteen shillings per day; waggon-hire, with a full team

and driver and found by the public, eleven shillings per day; bacon, nine pence per pound; fresh pork, three pence per pound; pickled pork, six pence per pound; grass beef, three pence per pound; stalled beef, four pence per pound; pickled beef, four pence halfpenny per pound; dryed beef, six pence per pound; mutton, four pence half-penny per pound; for dieting a soldier, one shilling and six-pence per day; WestIndia rum, ten shillings per gallon; taffia, or continental rum, eight shillings per gallon; brandy, eight shillings per gallon; whiskey, four shillings per gallon; horse-hire, two shillings and six-pence per day; rye, three shillings per bushel; corn-meal bolted or sifted, two shillings and six-pence per bushel; corn-meal bolted or sifted, six shillings per hundred weight; cornmeal not bolted, two shillings per bushel; corn-meal not bolted, five shillings per hundred weight; Indian pease, three shillings per bushel; lambs, ten shillings each; ferriages on public account, one half of what is allowed by law; biscuit, fifteen shillings per hundred weight; rice, three pence per pound; cyder and vinegar, one shilling per gallon; flour barrels, two shillings and six pence each; corn-tops in the stack, one shilling and three pence per foot; butter, one shilling per pound; horse-shoes, one shilling and six pence each; bran, seven pence half-penny per bushel; common labourers, two shillings per day; tradesmen or watermen, five shillings per day; rope, one shilling and six pence per pound; and stablage, four pence for twenty-four hours. And where any other articles besides those above enumerated shall be included in the returns made by any of the courts of claims, the auditors of public accounts shall grant their warrant accordingly, except where they may have sufficient reason to think such valuations excessive, in which case the auditors may reduce the same. And the said auditors, in their proceedings, Auditors not shall have regard to the value of horses as allowed by tificates for the present general assembly in their several resoludamages tions.

to issue cer

done to hou.

III. And whereas there are large sums allowed by ses and plan- the several county courts for damage done to houses cept where and plantations;

tations, ex

allowed a

gainst the U. States.

IV. Be it enacted, That the auditors of public ac counts shall not issue any certificates for such allow

ancés, unless it shall be made appear that the same were allowed in the settlement of the accounts of this state with the United States.

[Chapter LXXXVII in original.]

An act for providing more effectual [Cha Rev. funds for the redemption of certifi- P. 166.] cates granted the officers and soldiers raised by this state.

I. WHEREAS by an act of the last session of as- Preamble, sembly certain certificates were directed to be granted the officers and soldiers raised by this state, for depre ciation and arrears of pay due them, which certificates, from the urgent necessity of the said officers and sol diers, and from the insufficiency of the funds providedfor their redemption, have already depreciated in their value, and without the aid of the legislature, will not answer the equitable purpose for which they were intended: Be it therefore enacted, That all persons who Injunctions have obtained or may hereafter obtain injunctions in or pleas to chancery to stay the sale of any escheated or forfeited stay sale of estates, or have filed, or may hereafter file a plea of monstrans de droit, or traverse, shall be considered as beexpedited plaintiffs prosecuting against the commonwealth, in which the proof shall lie upon them; and the court of chancery or general court, as the case may be, shall, at their second sessions after any injunction obtained, or plea of monstrans de droit, or traverse filed, proceed to hear, try and determine the same, unless good cause for a continuance be shewn to the court, otherwise every such injunction shall be considered as dissolved, or. plea of monstrans de droit, or traverse set aside,

eschea'ed

property to

11. And be it further enacted, That upon any infor- Fraudulent mation being given to an escheator, that any British conveyances by British subject, or other person absent, or his or their attorney, subjects. on his or their behalf, hath made a fraudulent or ficti

Payment of British debts

Creditors

tious conveyance of the estate of such British subject
or absentee, since the nineteenth day of April, one thou-
sand seven hundred and seventy-five, such escheator
shall, and he is hereby empowered and required to
summon, as well the trustee, or person to whom such
estate may have been conveyed, as also such other per-
sons as can give evidence thereon, to appear before a
jury of inquest, and if the said jury upon examination
of the witnesses, the oath of the party, or other suffi-
cient evidence, shall find that such British subject or
absentee, hath any present or future interest in the said
estate, such interest shall be forfeited to the common,
wealth for the purposes aforesaid:

III. And be it further enacted, That so much of the into the trea- act for sequestering British debts as authorizes the paysury revived ment thereof, be, and it is hereby revived and put in full force. And all persons indebted to British submay attach. jects, and others, absentees as aforesaid, who shall annually in the month of May, pay into the public trea sury, in specie, or in tobacco or hemp, at the prices to be fixed by the auditors, one tenth part or more of the debts they respectively owe to such British subjects or absentees, shall be so far exonerated from the same: Saving, however, to any bona fide creditors of such British subjects or absentees, the right which by law they may have to attach such debts in the general court or court of any county where such debtor or debtors to any British subject or absentee resides. And the treasurer is hereby directed to sell at public auction, as soon as may be, for specie or the said certificates, all such tobaccoes or hemp, and the money arising therefrom, as also all sums as may be paid into the treasury by the said debtors, shall, in the month of June in every year, be applied to the discharge of the interest due upon the said certificates, which said interest shall be computed to commence on the first day of January last. And should it so happen, that after the payment of the interest as aforesaid, there shall be re, maining in the treasury, on the first day of July for two years next to come, any monies arising from the funds appropriated for payment of the interest and redemption of the said certificates, the same shall be paid to the holders thereof in equal proportion.

Sale of forfeited es

tates.

IV. And be it further enacted, That no escheated or forfeited estate shall hereafter be sold without three months previous notice thereof in the gazette.

V. And whereas the documents required by the au

counts on

oath.

ditors of public accounts as legal vouchers for the settlement of the pay accounts of the officers and soldiers, who have served in the northern or southern armies, Officers and or in the county of Ilinois, can never be produced, soldiers to owing to the deaths of many individuals, and the una pass their ac voidable separation and other accidents which the events of war have occasioned: Be it therefore enacted, That the said officers who have served for any term not less than one year prior to the year one thousand seven hundred and eighty-one, shall be admitted to settle their pay accounts with the public auditors upon oath: And any soldier producing the discharge of his captain or commanding officer, shall be entitled to the arrears of cloathing and his pay for the time expressed in the discharge, or in case of such time not being ascertained, then shall be entitled to his pay for the term of his enlistment. And the like certificates for the ba lances, if any shall appear to be due, shall be thereupon granted by the auditors to the said officers and soldiers.

VI. Provided always, and it is hereby further enactGuard a ed, That the more effectually to guard against the degainst fur. preciation of the said certificates, the auditors of pub- ther depres lic accounts shall, for the present, issue certificates for ciation." the one third part only of the several balances which may appear due to the respective officers and soldiers, and the remainder at such times and in such propor tions as hereafter may, to the governor in council, appear fit, upon the application of any three or more of the general and field officers heretofore appointed by the said officers to act for them in this behalf.

Officers and

VII. And whereas it is necessary that the number of claims to any part of the lands appropriated for the soldiers to benefit of the said officers and soldiers should be speed- give in their land claims. ily ascertained; Be it therefore enacted, That all persons having claims as aforesaid be required, and they are hereby directed, to transmit authenticated vouchers of the same to the war-office on or before the first day of January next; and if any person having such claim shall be without the state, he shall transmit the same on or before the first day of June next following.

How their

land warrants are to

VIII. And be it further enacted, That the register of the land-office be, and he is hereby empowered and required to grant to the said officers and soldiers, war- be obtained.