&c. to be sold
| VII. And be
it further enacted, That the sheriffs of the several counties, where
the money is not paid, may cause such goods, chattels, lands or tenements,
sold at public vendue (after giving ten days notice thereof, excluding
the day of
notice and of sale) to the highest bidder, and shall and may retain sufficient
their hands to pay the debt and all costs, their own fees included, returning
the overplus, if any, to the debtor, and shall forthwith pay such debt
to the public
treasury, and the costs to the attorney prosecuting the suit, or be liable
next court to execution, and the office bond of such sheriff shall also
be liable, if
need be, and may be put in suit for recovery of such money so by him received.
An ACT for enlarging the
powers of the governor and council.
During an invasion of this or any adjoining
state, they may arrest any person whose going at large
they shall have good grounds to believe will be dangerous to the state,
and to confine him in gaol, or
other place, or to restrain him to certain limits, or to take security
from him for his good behaviour;
but whatever they shall do with him, they shall report him to the next
general assembly. They shall
also have the same authority as the judges in arresting, confining or binding
over, for offences against
the act to punish certain crimes and misdemeanors, &c. the act to punish
certain crimes, and the 35th
section of the act for the better security of the government; and they
may order process from the courts
in any recognizance by themselves taken.
For the suppression or prevention of insurrections or
disturbances, they may call forth the militia without
regard to classes, and station them at discretion; provided that no company
or body shall be held to
duty longer than two months for one service. They shall have full
power to provide for and direct
every thing necessary for the march and subsistence of such militia whilst
on duty within the state, or until
they shall arrive at the destined place, if out of the state. They
have a further discretionary power,
on any occasions where it may be deemed necessary for the service of this
state, or of the union, to order
on duty any company or detachment of the militia, and to draw on the treasurers
to execute any of the
powers with which they are invested by this or any other act.
They may, at discretion, provide well fixed arms, magazines
of provisions, and all other things necessary
for troops. They may export the produce of any of the states, and
appoint a proper person, under their control,
to manage the trade of the state, fit out its vessels of war, and transact
all the business relative to the care
of them. They may, in each county, make regulations for the impressing
carriages, teams and drivers.
They may, on any emergency, direct carriages, horses and drivers, boats
with their hands, and other
shall appoint a waggon-master, who is to act, under their direction, and
be intrusted with money, first
giving bond with security for the faithful performance of his trust; and
during the continuance of the act
for the service of the United States, they may regulate the prices of live
cattle, bacon, salted beef and
pork, so that their rates shall not exceed the prices generally given by
continental agents, not be inferior
to the rates established by the said act.
Lastly, their dignity is protected by arming them with
authority to punish by a fine, not exceeding
£. 300, or imprisonment, not exceeding two months, any misbehaviour
committed in their presence during
their sitting, and any contempt of their lawful authority.
All these powers, in the absence of the governor, may
be exercised by the council alone.
To continue until the end of the next session.
Continued by the act of June, 1778, ch. 7, until the
end of the next session, when it expired.
The act of October, 1778, ch. 10, bears the same title,
confers the same general powers, contains
some particular directions, and was to continue until the end of the succeeding
session. It had a similar
continuance by the act of March, 1779, ch. 5, which gives other particular
directions, and a similar
continuance by the act of June, 1779, ch. 20; and it expired with the session
of November following.
The last act for enlarging the powers of the governor
and council is that of November, 1779, ch. 17,
to which there is a supplement of the same session, ch. 34. It confers
the same general powers as were
given by the last act; and its supplement authorises the executive at any
time to impress carriages, teams
and drivers, vessels and hands, for conveying the troops and baggage of
the United States to any place in
this or a neighbouring state, at such rates as the executive shall think
just; and to make provision for
the troops of our ally, his most christian majesty, whenever they may happen
to be in the state.