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At a General Assembly, begun and held at the Capitol, Francis Fau
quier, esq. in the City of Williamsburg, on Tuesday the 26th of governor. May, in the first year of the reign of our sovereign lord George III. by the grace of God of Great-Britain, France and Ireland, king, defender of the faith, &c. and in the year of our Lord 1761, and from thence continued by several prorogations to Thursday the 12th of January, 1764, in the fourth year of his majesty's reign; and then held at the Capitol, in the City of Williamsburg; being the sixth session of this General Assembly.
An act for appointing commissioners
to examine and state the accounts of the militia lately ordered out into actual service, and for other purposes therein mentioned.
I. WHEREAS several companies of the militia of Commission the several counties herein after named have lately been ers to state drawn out into actual service, by command of his ho- accounts.of. nour the Governour, for the defence and protection of called into the frontiers of this colony, against the incursions and actual serdepredations of the Indians, and it will be a great saving to the colony to have the accounts of their pay, and the provisions, arms, and other necessaries furnished for them, adjusted by commissioners in the country; and it is moreover judged reasonable, and expedient at this
time, when the defence of the colony must depend upon our militia, to allow them some additional reward to encourage them cheerfully to enter into the service, and perform their duty therein:
II. Be it therefore enacted, by the Lieutenant-Governour, Council and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the sume, That George Washington, Fielding Lewis, William Green, Thomas Marshall and Thomas Rutherford, gentlemen, be, and they are hereby appointed commissioners for the counties of Hampshire, Frederick, Culpeper, Prince-William, Loudoun and Fauquier, and Thomas Walker, George Carrington, William Cabell, Thomas Lewis, and Peter Hogg, gentlemen, for the counties of Augusta, Louisa, Orange, Albermarle, Amherst, Bedford and Halifax, to examine, state, and settle the accounts of such pay, provisions, arms, and necessaries for the militia of the counties for which they are appointed commissioners respectively, allowing in such accounts the additional pay of sixpence a day to every subaltern and non-cominissioned officer and soldier, and also the pay of five shillings a day to such per- . son employed as a scout by direction of the governour; and where arms have been impressed for the said service, and the proprietor thereof bath refused, or shall refuse, such arms when returned, in such case the said commissioners shall allow such proprietor the appraised value thereof, and such arns shall be delivered to the county-lieutenant, or other commanding officer, for the use of the publick, to be used by the militia as occasion requires, until the General Assembly shall give further direction therein. And the said commissioners, or any three of them, shall, and they are hereby empowered, and required, to mect for the purposes aforesaid at such times and places as they shall respectively think fit and convenient, of which time and place publick notice shall be advertised at the court house of each respective county, at least one month before such meeting, and to adjown from time to time until they shall have settled all the accounts of the said militia; and shall have power to call all persons concerned in settling the said accounts before them, and to administer an oath or oaths to any person or persons, for their better information in the premises: Aud that the said commissioners, or any two of them, shall certify the said accounts so by them examined, stated and settled, to the governour or com
mander in chief for the time being, who is hereby desired to issue his warrant to the treasurer of this colony from time to time for the payment thereof; and the said treasurer shall pay the same out of the money that shall come to his hands for bills of exchange to be drawn on the agent of this colony in Great Britain, in pursuance of an act of assembly made in the thirty-fourth year
of the reign of his late majesty king George the second, entitled, An Act for appointing persons to receive the money granted, or to be granted, by the Parliament of Great Britain to bis majesty for the use of this colony.
III. And be it further enacted, by the authority afore- Bounty to said, That when any county lieutenant, or other com- militia. manding officer of the militia, shall be required by the governour or commander in chief of this colony to draught any part of his militia, pursuant to the act of assembly made in the thirtieth year of the reign of his late majesty king George the second, entitled, An Act for reducing the several acts for making provision against invasions and insurrections into one act, such county lieutenants, or other commanding officer, shall be empowered to offer a bounty of forty shillings to every person who will voluntarily engage in the service; and the persons so engaging shall be entitled to such bounty, to be paid by the publick, on such officers certificate to the next session of assembly; and shall moreover have such pay and exemptions, and be subject to the same regulations, fines, and punishments, as the militia drawn into actual service are entitled and subject to by the said act.
IV. Provided, That such person shall continue in the service until the governour or conmander in chief shall order the militia of such county to be discharged, and shall also be ready to serve whenever he is called upon by the commanding-officer of the county to which he belongs, for one year, to be computed from the time of his engaging as before mentioned. And if the number required cannot be raised by such voluntary enlistments, then the county lieutenant, or other commanding officer, shall proceed to draught so many men of his militia as will make up the number, in the manner directed by the said aet; and every subaltern and non-commissioned officer and soldier, who by such voluntary engagement or draught shall be employed in the defence of this colony, at any time before the first day of December next,
shall receive sixpence a day over and above the pay allowed by the said act, to be paid in the manner therein directed
V. And whereas some of the militia lately employed lost part of their baggage, and their horses, in skirmishes with the Indians, for which they ought to be paid by the publick: Be it therefore further enacted, That the said commissioners shall be, and they are hereby empowered and required, respectively, to examine the accounts produced to them of such losses, and report the same to the next session of assembly.
VI. And be it further enacted, That the said commissioners shall be allowed for their trouble ten shillings a day each, for the time they shall be employed therein,
An act for amending an act, entitled,
An act for amending and further continuing the several acts of Assembly of this colony for amending the staple of tobacco, and for preventing
frauds in his majesty's customs. Recital of I. WHEREAS by an act, entitled, An Act for amendformer act. ing and further continuing the several acts of assembly
of this colony for amending the staple of tobacco, and for preventing frauds in his majesty's customs, it is, amongst other things, enacted that where the owner or proprietor of any publick warehouse, or some other person on his behalf, will not undertake the buildings and repairs as by the said recited act are directed, it shall and may be lawful for the justices of the county in which such publick warehouse stands, and they are thereby required, to cause such repairs and houses to be made and built as aforesaid, and to levy the charge thereof upon the inhabitants of their county; and that they shall and may take and receive annually a part of the rents established at such inspection, in proportion to the other houses there, for reimbursing the county the charge of such repairs and buildings.
II. And whereas it will be a great hardship upon the Expenses of inhabitants of such counties who shall be obliged to ad- building and vance money for such buildings and repairs to lie out warehouses, of the same until they can be reimbursed in the manner to be certifiprescribed by the said act, Be it therefore enacted by the ed to treaLieutenant-Governour, Council and Burgesses, of this surer, and present General Assembly, and it is hereby enacted by public? the authority of the same, That where the owner or proprietor of any publick warehouse shall refuse or neglect to erect or make such buildings or repairs as are directed by the said recited act of assembly, the justices of the county court wherein such buildings or repairs are to be made shall direct or cause the same to be made in manner as by the said recited act is directed, and shall certify the expense thereof to the treasurer of this colony for the time being, who is hereby directed and required to pay and discharge such expense out of the publick money in his hands arising from the inspection. of tobacco, and shall and may take and receive of the inspectors annually a part of the rents established at such inspection, in proportion to the other houses there, for reimbursing the publick the charge of such buildings and repairs, until the same shall be fully satisfied and repaid, which proportion shall be certified by the several county courts to the treasurer aforesaid.
III. And be it further enacted, by the authority aforesaid, That so much of the said recited act of assembly as relates to levying the expense of the said buildings or repairs on the inhabitants of the county wherein such buildings or repairs shall be made, be, and the same is hereby repealed.