WHEREAS divers persons, devoting themselves to avarice and extortion, and intending to amass riches out of the ruins of their country, or treacherously to betray it into the hands of its enemies, have industriously bought up, and already got into their possession, so great a proportion of the provisions usually brought to market at this season, that there is little hope of our being able to lay up such stores thereof as will be requisite for the purposes of the ensuing campaign, unless an embargo be laid on the exportation thereof: Be it therefore enacted by the General Assembly, That from and after the passing of this act no pork, beef, or bacon, shall be exported out of this commonwealth by land or by water, by any person whatever, except only such as shall be sent thereout for the support of the continental army, or any troops sent out of this commonwealth, by the agents, contractors, or commissaries, acting under appointment from the United States, or any of them, or to fulfil contracts already made to supply the owners of certain iron works with a quantity of beef or pork in the state of Maryland in exchange for iron, and except also such quantity as may be really necessary for the crew of a vessel going out upon a voyage or cruise, and such as may be purchased by the agents of the United States as sea stores for any vessels in the continental service going from Maryland or North Carolina on a voyage or cruise. Any person so offending herein, by exporting, or endeavouring to export, pork, beef, or bacon., contrary to this act, shall forfeit the provisions so endeavoured to be exported, which may be seized by any naval officer, where the exportation shall be by water, or by order of any justice of peace, where it happens by land, or happening by water, a naval officer hath not been appointed, or, being appointed, shall not be present at the place where the exportation is intended, and shall also pay the double value thereof, with costs of suit, one moiety to the commonwealth, and the other moiety to him who will sue as well for the commonwealth as for himself, or the whole to the commonwealth, if a prosecution shall be first instituted on the publick behalf alone.
And be if farther enacted, That if any justice of peace, from his own knowledge, or the information of others, shall have cause to suspect that any pork, beef, or bacon, is about to be carried out of this commonwealth contrary to this act, he may issue his warrant for seizing the same; and if the owner shall not give security that he will not carry the same out of the commonwealth, such justice may either retain such provisions for publick use, to be appraised and paid for in manner herein after mentioned, or may cause the same to be sold for the benefit of the owner, and at his or her expense.
And that those who have engrossed, or shall engross, the provisions necessary for the army, and refuse to sell the same for that use at moderate prices, may be disappointed in their wicked designs to distress or ruin their country: Be it farther enacted, That if any person who, since the first day of November last, hath purchased, or during the continuance of this act shall purchase, any live stock, or beef, pork, or bacon, more than is sufficient for the consumption of his family, and of those in his employ, shall refuse to sell the same to any agent, commissary, or contractor, acting under appointment of the United States or this commonwealth, for such price as shall be estimated by three freeholders authorised by a justice of the peace by warrant under his hand and seal, and sworn truly and faithfully to ascertain the number and quantity sufficient for the family of the owner and those in his employ, and to appraise the surplus, such agent, commissary, or contractor, by warrant under the hand and seal of a justice of the peace, who is hereby required to issue the same, may, in company with the sheriff or constable, and such assistants as the said justice shall judge necessary, seize such surplus, and for that purpose, in the day time, enter any warehouse or enclosure, paying or tendering to the owner the price so estimated by the appraisers, or in case the seizure be made by an agent, commissary, or contractor of this commonwealth, drawing orders on the treasurer, payable one month after date, and transmitting copies of such orders to the said treasurer in the meantime.
And that any person against whom an action may be commenced for what he shall lawfully do by virtue and in execution of this act may plead the general issue, and give this act in evidence; and if a verdict be found, or a judgment be given for him, he shall recover double costs.
This act shall continue and be in force until the end of the next session of assembly, unless the governour and council shall by proclamation declare that the publick wants are sufficiently provided for, and no longer.