Inspector re

to the prose cutor;s action for

costs.

XI. And be it further enacted, by the authority aforemoved,liable said, That if any inspector shall be removed from his office, upon a complaint, and prosecution against him, in the method prescribed by the said act, made in the eighth year of his majesty's reign, he shall be liable to the action on the case, of the prosecutor, for his necessary costs and expences in such prosecution; in which the prosecutor shall also recover his full costs of suit. XII. And whereas, several new warehouses have been several ware- built, since the reduction of the public warehouse rents, some at the expence of the several counties where the said warehouses are situate, and others by the proprietors of the land on which the same are built; and the rents, as then settled, are not sufficient to defray the expence of building such additional houses, in any reasonable time:

The rents of

houses raised.

XIII. Be it therefore further enacted, That from and after the tenth day of November last, the rents of the following public warehouses shall be raised and settled at the rates herein after expressed: that is to say,

New ware

houses to be

erected, and And that new public warehouses be erected at the folothers re- lowing places: that is to say, upon the old plantation pealed. of Thomas Haynes, gent. deceased, on the east side of Inspectors Eastermost river, in the county of Gloucester: And that the rent thereof, be ten pounds per annum; and

salaries rais⚫ ed.

the salary of the inspectors, thirty pounds per annum to each inspector. On the land of Mr. Rodham Kenner, opposite to the warehouse at Coan, and to be under the same inspection; and that the rent of the said new warehouse be five pounds per annum. And that the public warehouse at Taskanask be repealed; and that instead thereof, a public warehouse be appointed at the Brick house, at the same rent as is settled for that at Taskanask; and to be under the same inspection as that at Hog-Neck. And that the public warehouse lately appointed on Capt. Barber's land, be also repealed; and another established instead thereof, at Totaskey ferry, at the rent of six pounds per annum; and to be under the same inspection as the warehouse on the other side the creek: And that the salary of the inspectors at Gibson's, be increased five pounds per annum, to each inspector; and of the inspectors at Fredericksburg, twenty pounds per annum, to each inspector.

XIV. And be it further enected, That where any Directions public warehouse has been appointed upon any river or for placing creek, solnear the water side, as that the tobacco bro't public ware. houses herethither may be in danger of being destroyed, by the after. overflowing of such river or creek, the respective courts of the several counties wherein any such warehouse or warehouses are, shall be, and are hereby authorized and impowered at any time hereafter, when it shall be necessary, to build more or other houses, in the room of those gone to decay, to direct and appoint the warehouses, so to be built, to be erected at some more convenient place, upon the land of the owner or owners of the 'first built houses: But if such owner has no land where such house or houses may be built, and the tobacco be secured from such accidents, then the said county courts shall have power to direct such house or houses to be built upon the land of any other person.

ed.

XV. And be it further enacted, That where any per- Allowance son, chargeable with any officers fees, lives in another to be made county than that where the service is performed, or the on paying fees become due, the same allowance shall be made to fees, explain every such person, as is by law settled to be allowed in that county where the service is performed, or the fees become due; and no other allowance whatsoever. Any law, usage, or custom, to the contrary, notwithstanding.

Commenc

ment and continuance.

XVI. And be it further enacted, by the authority aforesaid, That this act shall commence immediately from and after the passing thereof: And together with the said first mentioned act, For amending the Staple of Tobacco; and for preventing Frauds in his Majesty's Customs; and the three other subsequent acts, For explaining, amending, and continuing that Act, for so much of the same as is not repealed, or altered, shall continue in force 'till the ninth day of November, in the year of our lord, one thousand seven hundred and thirty nine, and from thence for three years next following, and no longer.

Preamble.

What per

listed.

CHAP. II.

An Act, for the better Regulation of the Militia.

1. WHEREAS, the laws heretofore made, for the settling and better regulation of the Militia, have proved very ineffectual, whereby the colony is like to be deprived of its proper defence, in time of danger, for want of training the persons listed to serve therein, and reducing them under a proper discipline:

II. BE it therefore enacted, by the Lieutenant-Goversons shall be nor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the publication of this act, the colonel, or chief officer of the militia, in every county, shall list all free male persons, above the age of one and twenty years, within this colony, under the command of such captains as he shall think fit.

Persons ex

tendance.

III. Provided always, That nothing herein containempted from ed, shall be construed to compel any persons herein personal at after-mentioned, to a personal attendance at musters: that is to say, Such as are, or shall have been, members of his majesty's council, speaker of the house of burgesses, secretary, receiver-general, auditor, judge of the court of vice-admiralty, attorney-general, clerk of the council, clerk of the house of burgesses, clerk of the secretary's office, a justice of the peace, clerk of any county court, or any person that shall have borne any military commission as high as that of a captain, or any of the people commonly called Quakers: Yet all the persons aforesaid, shall, and are hereby required,

to send one able-bodied man, not being a convict, or man and horse, armed and accoutred, according to the directions of this act, constantly to appear, and exercise at musters.

IV. Provided also, That nothing herein contained, From being shall impower or enable any colonel, or chief officer of listed. the militia, to list or cause to be listed, any of the ministers of the church of England, the president, masters, or professors, and students, of the college of William and Mary, during the time of their being such, any overseers residing on the plantation where the slaves under their care are worked, all millers, having the charge and keeping of any mill, nor the founders, keepers, or other persons emploied in or about any iron, copper, or lead work, or any other mine, during the time of their being so emploied; who are hereby exempted from being any ways concerned in the militia.

V. And be it further enacted, by the authority afore- How the misaid, That every person, so as aforesaid listed, (except litia shall be free mulattos, negros and Indians,) and placed or rank- armed. ed in horse or foot, shall be armed and accoutred in manner following: that is to say, Every horse-man shall be furnished with a serviceable horse, a good saddle, with breast-plate, crupper, curb-bridle, carbine or fuzee, and bucket, holsters, a case of pistols, cutting sword or cutlass, double cartouch-box, and six charges of powder; and constantly appear with the same, at the time and place appointed for muster and exercise; and shall keep at his place of abode, one pound of powder, and four pounds of ball, and bring the same into the field with him, when thereunto required. And every footman shall be furnished with a firelock, musket, or fuzee, well fixed, a bayonet fitted to the same, or a cutting sword or cutlass, a cartouch-box, and three charges of powder; and appear with the same at the time and place appointed for muster and exercise, as aforesaid; and shall also keep at his house, one pound of powder, and four pounds of ball; and bring the same into the field, when he shall be required.

arms.

VI. And be it further enacted, That all such free mu- Mulattos, &c. lattos, negros, or Indians, as are or shall be listed, as not to bear aforesaid, shall appear without arms; and may be emploied as drummers, trumpeters, or pioneers, or in such other servile labour, as they shall be directed to perform.

C-Vol. 5.

Duty of officers, and punishment of disobedient soldiers.

VII. And, for the better training and exercising the militia, and rendering them more serviceable, Be it further enacted, That every captain shall, once in three months, or oftner, if required, muster, train, and exercise his troop or company: And the county lieutenant, colonel, or chief commanding officer, in every county, shall cause a general muster and exercise of all the troops and companies within his county, to be made in the month of September, every year. And if any soldier, during the time he is in arms at a general muster, shall refuse to perform the commands of his officer, or behave himself refractorily or mutinously, it shall and may be lawful, to and for the chief commanding officer, then present, to cause such offender to be tied neck and heels, for any time, not exceeding five minutes: And for a second offence, at such general muster, the offender shall be punished by the sentence of the majority of the field officers and captains, then present; who are hereby impowered, by a warrant under their hands, to commit the offender to the county goal, there to remain for any time not exceeding ten days. And if any soldier, during the time he is in arms, at any private muster, shall misbehave, as aforesaid, such offender shall be punished by any field officer then present; or, in case there be no such field officer, then by the sentence of a majority of the commission officers, then present; which field officer, or in his absence, the majority of the commission-officers, are hereby impowered to cause such offender to be tied neck and heels, for any time, not exceeding five minutes, for the first offence; and for the second offence, the majority of the commission-officers, then present, are hereby impowered, by warrant under their hands, to commit such offender to the county goal, there to remain for any time not exceeding ten days. And in either case, of commitment to the county goal, the offenderso committed, shall not be thence discharged, until the lawful fees for commitment, imprisonment, and discharge, be fully satisfied and paid. And that every captain, and, in his absence, the lieutenant, shall duly make a list of all the persons upon his muster-roll, who shall be summoned, and do not appear at any of the said musters, armed and accoutred, as by this act is directed; and return the same, with the names of all eflicers who shall be absent, to the court-martial, to