dezvous.

ized.

one men; from Charlotte, eighty nine men; from Meck lenburg, one hundred and twenty eight men; from Prince Edward, seventy five men; from Amelia, one hundred and fifty four men; from Lunenburg, eighty three men; from Dinwiddie, one hundred men; from Brunswick, one hundred and sixty one men; from Buckingham, eighty four men; from Amherst, one hundred and thirty five men; from Powhatan, forty seven men; from Cumberland, sixty one men; from Chesterfield, one hundred and fourteen men; from Goochland, seventy five men; from Louisa, ninety four men; from Henrico, eighty three men; from Hanover, one hundred and thirty five men; from Fluvanna, forty men; from Caroline, one hundred and twenty eight men; from Spotsylvania, ninety two men; from Orange, eighty men; and from Henry, one hundred and eight men; to be officered and commanded as is herein after directed.

And be it farther enacted by the authority aforesaid, Place of ren- That so soon as the said quotas shall be completed, they shall be marched without delay to Hillsborough in North Carolina, as the place of general rendezvous; How organ- there to be formed into four regiments, each of which shall be commanded by a colonel, a lieutenant colonel, a major, ten captains, twenty lieutenants, ten ensigns, and the usual number of non-commissioned officers, and be allowed a surgeon and surgeon's mate, to be appointed by the colonel, or other officer commanding each regiment when formed; and the whole to be under the command of a brigadier general, who, together with the field officers, shall be chosen by joint ballot of both houses, and commissioned by the governour; and the captains and other inferiour officers shall be appointed in the respective counties, in the manner prescribed by law for militia drawn into actual service.

Discretiona

ry powers

general.

Provided always, and be it enacted, That the briga given to the dier general to be appointed by this act, may use his discretion upon a view of the then circumstances and situation of the enemy, either to form and march the militia by single battalions from the place of general rendezvous as soon as a number sufficient to form a battalion shall arrive there, or wait the coming of the whole two thousand five hundred, as in his judgment may best conduce to the purpose of relieving South

Carolina in the most speedy, prudent, and effectual manner: Any thing herein before contained to the contrary notwithstanding.

ed into ser

And be it farther enacted, That the pay of the militia Pay, rations, hereby called into service, shall be as followeth: For &c. of the the brigadier general, one hundred and twenty five militia, callpounds of tobacco, and ten rations per day; for a co- vice. lonel, sixty pounds of tobacco, and six rations a day; a lieutenant colonel, fifty five pounds of tobacco, and five rations; a major, fifty pounds of tobacco, and four rations; a captain, forty pounds of tobacco, and three rations; lieutenants each, thirty pounds of tobacco, and two rations; an ensign, twenty pounds of tobacco, and two rations; an aid de camp to the brigadier general, fifty pounds of tobacco, and four rations; the brigade major, fifty pounds of tobacco, and four rations; a brigade quarter master, forty pounds of tobacco, and three rations; an adjutant and quarter master, fifteen pounds of tobacco each, in addition to their pay as officers in the line; a serjeant major, twelve and a half pounds of tobacco, and one ration; a surgeon, fifty pounds of tobacco, and four rations; a surgeon's mate, forty pounds of tobacco, and two rations; a serjeant, ten pounds of tobacco, and one ration; a corporal, eight and an half pounds of tobacco, and one ration; a quarter master's serjeant, twelve and an half pounds of tobacco, and one ration; a drummer and fifer the same as a corporal; and the privates each, seven and an half pounds of tobacco, and one ration per day. And where back rations shall be due to any officer, to be appointed under this act, that the same shall be paid for at the rate of two pounds and an half of tobacco for every ration so due.

And whereas the use of cavalry hath been found sin- Troop of ca gularly serviceable in South Carolina; Be it enacted valry how by the authority aforesaid, That a troop of fifty horse formed be raised in the following manner: That fifty of the men herein before directed to be called into service as infantry, be formed into a troop of cavalry, if so many shall be willing to find their own horses, to be commanded by a captain, one lieutenant, and a cornet; to be appointed and commissioned by the governour, with advice of council; and that the captain's pay shall be the pay of a major of infantry, the lieutenant of a captain of infantry, and the cornet and quarter master

of a lieutenant of infantry; quarter master's serjeant, serjeants, twelve pounds and an half of tobacco each, and one ration; corporals ten pounds of tobacco and one ration each; and each private horseman, ten pounds of tobacco, and one ration per day; that they rendezvous at Petersburg in Virginia without delay, there to be equipt with the proper furniture. And be it farHorses, how ther enacted,. That if any person so finding a horse, shall lose him in the publick service, without any default of the loser, that in such case, the owner shall be paid by the publick for his horse so lost.

furnished.

And if so

many as fifty men of the above drafts cannot be found willing to furnish a horse each, that then any number of volunteers that shall be willing to find horses, be received in the corps aforesaid, and entitled to the same pay and other emoluments as the rest of the troop. And whereas the necessity of waggons to attend the Waggons troops is indispensable, and it having been found by provided.

Pay for wag. gons.

Bounty.

Money advanced.

experience that they cannot be obtained in sufficient numbers, without power to impress the same; Be it enacted by the authority aforesaid, That it shall and may be lawful for the governour, with the advice of council, to authorize any quarter master to impress and take into the publick service, for the use of the army, as many waggons as the nature of the service may, in the opinion of the governour and council, demand; and that for every waggon, team, and driver, so impressed, shall be paid fifty pounds of tobacco per day, and be found as usual. And to the end that the bounty heretofore directed by the general assembly to be paid to the militia that lately served in South Carolina may be paid in a manner most agreeable to the respective claimants; Be it enacted, That every person entitled to receive a bounty of forty pounds, under a resolve of the assembly, passed at the last session, shall have his option, either to receive the said bounty of forty pounds, or in lieu thereof, three bushels of salt, which the governour and council will provide for purpose aforesaid.

the

And whereas it may be necessary, that some money be paid in advance to the militia hereby called into service; Be it enacted, That the sum of fifty pounds be advanced to every soldier at the place of rendezvous, to be hereafter deducted from his pay, at the rate of twelve shillings per pound, for every pound of to

bacco that shall be due. And be it farther enacted, Officers to

allot the mi

That the county lieutenant, or next commanding officer of each respective county, with five other officers, litia for sernot below the rank of captain, or a majority of them, vice. shall, without delay, determine on such and so many divisions of the militia whose tour of duty renders it their turn to serve, and as shall be sufficient to complete the quota of the county directed by this act. And any officer shall refuse to act, not having a reasonable excuse, when ordered into service, according to officers and his tour of duty or shall endeavour to dissuade or pre- various deprivates, for vent any other officer or soldier from engaging or en linquencies. tering into such actual service; such officer so offending shall be cashiered, and moreover shall be turned into the ranks and serve as a common soldier during the time the detachment to which he belongs shall

if

Fines on

desertion.

continue in service. If any non-commissioned officer Refusing to or soldier shall fail to attend when summoned, not ha- march. ving a just and reasonable excuse, or refuse to march when ordered into actual service according to his tour of duty, or find an able bodied man in his room, or shall while in service, mutiny or desert, and thereof Mutiny and shall be convicted after due summons of all or any of these offences before a court martial, to be held at the usual place in the county, by the lieutenant or chief commanding officer, with the field officers and captains, or a majority of them, within ten days after the day appointed for marching such militia from the county, such offender shall serve as a regular soldier in the troops of the state eight months, and by order of such court martial, be delivered over to a recruiting officer for that purpose, to be appointed by the governour. And be it farther enacted, That if any county lieutenant or other officer, shall neglect or refuse to summon a court martial as is herein before directed for fixing on the divisions whose turn it may be to serve, or shall fail to discharge the duties by this act enjoined; every field officer so offending, shall forfeit and pay five thousand pounds of tobacco, and every captain three thousand pounds of tobacco, to be recovered with costs, by bill, plaint, or information in any court of record, giving ten days previous notice to such offender.

Provision for

And whereas it is just and reasonable, that the fami- families of lies of such poor men as are called into service by this poor per act, should have some temporary provision made for into service:

VOL. X.

D 2

sons called

their support, during the absence of their husbands or friends, Be it enacted by the authority aforesaid, That the commissioners of the taxes in the several counties herein before named, are hereby authorized and required, upon application to them made for such provision as aforesaid, that they, or a majority, do direct a reasonable quantity of corn or other grain to be delivered to such poor families from the publick magazines of grain, collected by a certain act of assembly entitled "An act for laying a tax, payable in certain enumerated commodities," provided that such allowance do not exceed that which is granted in similar cases, by an act entitled "An act to repeal so much of the several acts of assembly which empowers the county courts to make provision for the support of the wives, parents, and families of the soldiers of this state in the service of this commonwealth, or in the service of the United States, and for other purposes." And that where the grain in any county so making provision shall be exhausted, the commissioners of the tax for such county, be empowered to draw upon the commissioners of any neighbouring county for the corn they may want, to be transported at the publick expense, and such expense paid by the treasurer after being audited according to law.

[Chan. Rev. p. 120.]

Preamble.

See ante p. 50.

CHAP. II.

An act to secure to the publick certain lands heretofore held as common.

I. WHEREAS certain unappropriated lands on the bay, sea, and river shores, in the eastern parts of this commonwealth, have been heretofore reserved as common to all the citizens thereof, and whereas by the act of general assembly entitled "An act for establishing a land office, and ascertaining the terms and manner of granting waste and unappropriated lands," no reservation thereof is made, but the same is now subject to be entered for and appropriated by any person or