Fish- Kill: Samuel Loudon, 1779, pp. 11, 12, 13, 14, 21, 22, 23, 24, 25, 29, 30. Laws oj New York. Poughkeepsie: John Holt, 1782, p. 99. See also Assembly Votes. Fish-Kill: Samuel Loudon, 1779, pp. 79-80. Assembly Votes. Fish-Kill: Samuel Loudon, 1779, p. 117. Assembly Votes. Idem, p. 149; Senate Votes. Idem, pp. 101-102; Assembly Papers -- Miscellaneous, vol. 2, p. 196.

24 State of New York

On March 13, 1780, an act was passed, relative to British

deserters. The laws affecting the authority of the commissioners, as already stated, had expired meanwhile. Deserters from the British lines who had come within any county and were confined there in a common jail, could be released by any two justices of the peace of the said county, by entering into a recognizance, either with or without surety, as the particular two justices might determine. It was provided, however, that such persons should appear " at the next Court of Oyer and Terminer and General Goal Delivery " to be held in that county, and remain, meanwhile, within the bounds limited to them by the justices. In certain cases the justices could enlarge a person upon promise of good behavior during the war. This jurisdiction did not apply to persons who were in custody by virtue of a warrant from a judge of the supreme court, nor to those whose release from jail would be dangerous to the State. Nor was the privilege of release to be construed as excusing any person, so enlarged, from the performance of duty in the militia of the State, and absence from the limited confines, when upon such militia duty, was not deemed a breach of a person's recognizance. Deserters from the British army, who surrendered voluntarily to a justice of the peace, were to be dealt with in all respects as provided for persons in actual custody.