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which he belongs. And every captain shall have pow-
Provision for the chief officer of the militia, in every county, to going armed order all persons listed therein, to go armed to their to church, respective parish churches; and some time before the and appointtenth of June yearly, to appoint an officer, and four ing patrolmen, of the militia, at such times and seasons as he shall think proper, to patrol, and visit all negro quarters, and other places suspected of entertaining unlawful assemblies of slaves, servants, or other disorderly persons. And such patrollers shall have full power and authority, to take up any such slaves, servants, or disorderly persons, so as aforesaid unlawfully assembled, or any other, strolling about from one plantation to another, without a pass from his or her master, mistress, or overseer, and to carry them before the next justice of the peace; who is to order every such slave, servant, stroller, or other disorderly person, as aforesaid, to receive any number of lashes, not exceeding twenty, on his or her bare back, well laid on: And in case one company of patrollers shall not be sufficient, to order more companies, consisting of the same number. And such patrollers shall be exempted from aitendance at private musters, and from the paiment of all public, county, and parish levies, for their own persons, for those years in which they shall be emploied in that service. IX. And be it further enacted, That it shall and
A court marmay be lawful, for the field officers, and captains, of tial to be every county, or the major part of them, whereof the held for fincounty lieutenant, colonel, lieutenant-colonel,or major, ing delinshall be one, and they are hereby required to meet at
quents. the court-house of their counties, respectively, on the day next following the general muster, then and there to hold a court martial; which said court shall have power to adjourn from day to day, and to enquire of the age and abilities of all persons listed, and to exempt such as they shall judge incapable of service; and of all delinquents returned by the captains, for absence from musters, or appearing without arms and accoutrements; and to order the fines inflicted by this act,
The fines settled.
and not otherwise directed, to be levied upon all deJinquents, who shall not make out some just excuse for not performing their duty; and to order and dispose of all such fines, in the first place, for buying drums, trumpets, and trophies, for the use of the troop or company from whence the same arise; and afterwards, for supplying the militia with arms. And the said court shall have full power, and are hereby required, to keep a register of all their proceedings; and for that purpose to appoint a clerk; and to allow him such salary for his service, out of the said fines, as they in their discretion shall think reasonable. And after the holding of every such court, the clerk shall makeout copies of all their orders, and deliver the same, within one month next following the said court, to the sheriff of the county; who is hereby impowered and required to demand and receive the money or tobacco therein charged, of the persons made chargeable therewith; and in case of non-payment, on or before the tenth day of April next following, to levy the same by distress, and sale of the goods of the party refusing, according to the directions of the laws now in force, enabling the sale of goods distrained for rent.
X. And, for settling the fines to be inflicted upon all persons who shall fail to do their duty, in any thing required to be done by this act, and on all other delinquents punishable hereby, Be it further enacted by the authority aforesaid, That the several persons herein after mentioned, for such failure, shall forfeit and pay the sums following, respectively: that is to say, The lieutenant of any county, or, in case of his absence from, or non-residence in the county, the chief commanding officer, there residing, failing to appoint a general muster, in the month of September, yearly, shall pay ten pounds for every failure: To be recovered, with costs, by action of debt, or information, in any court of recore in this colony; one moiety to our sovereign lord the king, his heirs and successors, for and towards the better supplying the county with arms; and the other moiety to the informor, to his own proper use. Every colonel, lieutenant-colonel, or major, failing to appear at such general muster, or court, shall pay forty shillings. Every captain, who shall fail to muster and exercise his troop or company, four times a year shall pay twelve shillings for every failure. And every captain failing to appear at the court martial, or general mus
ter, shall pay twenty shillings for every failure. And every lieutenant who fails to appear at muster, shall pay ten shillings for every failure. And every cornet, or ensign, seven shillings and six pence. And every captain or in his absence, the next commanding officer, failing to return a list of the persons who shall not appear at musters, or shall appear without his arms or accoutrements, shall pay fifty shillings. Every soldier refusing to serve as a strjeant, corporal, drummer, or trumpeter, being thereto appointed by his captain, shall pay Ofty shillings, or five hundred pounds of tobacco, at his election; but such person shall be fined but once for such refusal. Every person listed to serve in the horse, shall pay seven shillings and six pence, or seventy five pounds of tobacco: And every person listed in the foot, shall pay five shillings, or fifty pounds of tobacco, at their election, for not appearing at master, compleatly armed and accoutred; so that no person be fined above five times a year for such failure. And every clerk of a court-martial failing to deliver the orders of the court to the sheriff of the county, within the time herein before limited, shall forfeit all the salary or allowance for his service, as clerk, for that year.
XI. Provided always, and be it enacted, That eigh- 18 months teen months time be given and allowed to each soldier allowed for to furnish and provide himself with arms and ammuni providing tion, according to this act: And that no soldier be fined for appearing without, or not having the same at his place of abode, until he hath been listed eighteen months after the passing of this act. Any thing in this act to the contrary, or seeming to the contrary, in any wise, notwithstanding; so as every soldier, during the said eighteen months, do appear at all musters, with such arms as he is already furnished with.
XII. And, for encouragement to every soldier to Arms exprovide and furnish himself, according to the directi- empted from ons of this act, and his security to keep his arms and seizures and
distresses. ammunition, when provided, Be it enacted, by the authority aforesaid, That the furniture, arms and ammunition, provided and kept, in pursuance of this act, be free and exempted, at all times, from being impressed upon any account whatsoever'; and likewise from being seised or taken by any manner of distress, attachment, or writ of execution. And that every distress, seisure, or execution, made or served upon any of the
premises, be unlawful and void: And that the officer or person that presumes to make or serve the same, be liable to the suit of the party grieved; wherein double
damages shall be given, upon a recovery. Other de- XII. And be it further enacted, That every person faults finable. exempted from personal appearance only, failing to
send an able bodied man, or man and horse, as the case shall be, in his room, to be trained and exercised, shall pay the same fine as is herein before inflicted for not appearing at musters. And every person ordered to go to church armed, failing to do his duty therein, shall pay five shillings. And every person ordered to patrol, and failing so to do, (to be certified to the courtmartial, by the officer of such patrol,) shall pay ten shillings, for every failure. Aud every person going to, attending at, or returning from muster, shall be privileged and exempted from arrests, and being served
with any other process, in any civil action or suit. Exempted
XIV. And be it further enacted by the authority aforeoverseers or millert not to said, That if any exempted overseer, or miller, shall appear at presume to appear at any muster, or in any muster field musters. whatsoever, on the day on which such muster shall be
appointed; the party so offending, shall, for every such offence, forfeit and pay ten shillings, or one hundred pounds of tobacco; to be assessed upon him by the next court-martial, upon certificate of the offence to them made, by the captain, or chief officer, present at such muster; and levied, accounted for, and appropriated, in the same manner, as the other fines ordered by the
court-martial. Sheriff refu. XV. And be tt further enacted, That if any sheriff sing to re- shall refuse to receive the orders of any court-martial ceive the or- offered to him, by virtue of this act, or to collect and ders of the
levy the fines therein mentioned; such sheriff, upon a court martial. or fail. motion and complaint thereof made to the county court ing to ac- or general court, shall be fined, for such refusal, fifty count.
pounds current money: To be appropriated, in the same manner, as the other fines last mentioned. And if any sheriff, taking upon him such collection, or receiving the said orders, shall fail to account for, and pay what he shall have received, by virtue thereof, to the receiver, to be appointed for that purpose, by the court martial, deducting ten per cent. only for his trouble in collecting and receiving; upon a motion or complaint made against him, by the sald receiver, or the com
manding officer of the militia, to the county court, or
Oaths to be mission officer in the militia, shall, before he acts un- taken by der, or executes any such commission, in the court of commission his county, take the oaths appointed by law to be taken, officers. instead of the oaths of allegiance and supremacy, the abjuration oath, and subscribe the same, with the test: And that every county lieutenant, colonel, lieutenantcolonel, major, and captain, at the time of their holding every court-martial, shall, before they hold the same, take the following oath; which shall be first taken by the presiding officer then present, and by bim administered to the rest of the officers: to wit,
A. B. do swear, That I will do equal right and jus
tice to all en, according to the act of assembly, for the better regulation of the Militia.
XVII. And be it further enacted, That the adjutantgeneral, for the time being, with one servant, and their Adjutant gehorses, shall be exempted from the paiment of ferriages ferry free. at all public and other ferries, within this colony: And that the respective ferry keepers shall give him, and his servant, and horses, immediate passage at all such ferries, as in the case of public expresses. Any law, or custom, to the contrary, notwithstanding.
XVIII. And be it further enacted, by the authority aforesaid, Tbat all and every other act and acts, and
other acts. every clause and article therein contained, For the settlement and regulation of the Militia; or any other matter or thing, within the purview of this act, shall be, and is hereby repealed and made void, to all intents and purposes whatsoever.
XIX. Provided always, That nothing in this act contained, shall extend, or be construed to extend to the This act not inbabitants of the city of Williamsburg, so as to oblige Wiliams
to extend to them to muster, or serve in the militia, out of the said burg. city: But that such inhabitants shall be listed and trained, in manner as is directed by one act of assembly, made in the ninth year of the reign of his late majesty king George the first, intituled, An Act for enlarging the Jurisdiction of the Court of Hustings in the City of