On non-pay

ment of tax in commodi

ties, to be paid in mo. ney.

er to procure storehouses and employ a commissary at each place so appointed, to receive and keep accounts of the commodities so delivered. Every such commissary shall give to the party, a receipt for all commodities delivered him, safely keep them in the storehouses provided for that purpose, employ and contract with millers (according to the advice and directions of the commissioners) for the manufacturing into flour or meal, any wheat or rye, and packing the same in proper barrels for its preservation; and shall annually within ten days next after the last day of March, render to the said commissioners an account upon oath of all the commodities received by him, stating against each persons name the quantity and kind of every article, and what quantity of wheat and rye hath been delivered to be manufactured, or tobacco to be prized. The said commissioners shall, immediately after such accounts are rendered, make out from them and from the last list of tithables in their county (to be furnished to them for that purpose by the clerk of the court) distinct accounts of all deficiencies occasioned by non-payment of the said commodities; charging each person so deficient with the same in money, and estimating such deficiency as if the whole had been in wheat, at the highest market price thereof upon navigable water for exportation at the time of such estimation; and shall annually. on or before the first day of May, deliver to the sheriff and to the commissioners of the tax for the county, copies of such accounts, cerPower of tified under their hands. For all sums so due from cach person respectively, the sheriff shall have the like power to distrain, be entitled to the same fees and commissions, and accountable in the same manner as in the collection of other taxes; and the said commissioners of the tax for the county are hereby empowerCommissioned to settle with, and charge him accordingly. The ers and com- commissioners hereby directed to be appointed, shall annually, on or before the fifteenth day of May, transmit to the governour, a copy certified under their hands of the accounts delivered to them by the respective commissaries, annexing the name of each commissary to his proper account, who shall thenceforth act under such directions as shall be given by the governoar, with the advice of the council, for effecting the purposes of this act. The court of the county shall

distress.

missaries of tax, their

duty, allow.

ances, and liabilities.

äscertain and certify the proper allowances to the commissioners, the owners of storehouses, the commissaries and different workmen employed by them; which being examined and passed by the auditors for publick accounts, shall be paid by the treasurer. Any commissioner so to be appointed, and refusing to act, shall forfeit and pay one hundred pounds, or failing to appoint the commissaries necessary within his county, or to appoint and advertise places for the delivery of commodities, or to deliver to the sheriff and commissioners of the tax, a copy of the commissaries returns, shall forfeit and pay two hundred pounds. Any commissary appointed, and refusing to act, shall forfeit and pay fifty pounds, or failing to return to the commissioners the account directed by this act within the time limited, shall forfeit and pay two hundred pounds. The fines hereby inflicted shall be one moie ty to the informer, and the other to the commonwealth, or the whole to the commonwealth where the suit shall be first instituted on the publick behalf only, to be recovered with costs by action of debt or information in any court of record within the commonwealth. In case of vacancy, either by refusal, death, or other cause, the court of the county shall be empowered to appoint other commissioners, and the commissioners shall in like cases appoint other commissaries; provic'ed that it shall and may be lawful for the governour, with advice of the council, by certificate under his hand, to discharge from the payment of the said tax, any person or persons whose property hath been, or shall be plundered by the enemy; any thing herein. contained to the contrary notwithstanding.

See vol. 9, p. 588.

drafted for

eighteen months.

CHAP. XIX.

An act for obliging the several delin quent counties and divisions of militia in this commonwealth, to furnish one twenty fifth man.

WHEREAS "An act for speedily recruiting the Virginia regiments on continental establishment," which passed the last session of general assembly, hath not produced the end proposed, many counties having failed to furnish one twenty fifth man, according to the said act; and whereas it is just that the whole community should bear an equal part in publick defence: One 25th Be it enacted by the General Assembly, That the counman of the ty lieutenant or commanding officer of the militia shall, militia, to be where the same hath not been hitherto done, cause his county to be immediately laid off into divisions, according to the directions of the said recited act; each of which divisions shall furnish a man, agreeable to the term of the said act, by the second day of August, one thousand seven hundred and seventy nine; and in those counties where, although the militia hath been already laid off in divisions, have failed to furnish a soldier as required by the said, recited act; every division having so failed, shall be allowed the same time to furnish such soldier; and if at the expiration of the said time, any division shall still have failed, the county lieutenant shall order the said division to assemble at such place, and on such day as he shall appoint, within fifteen days after the time so allowed, and shall there himself, or by a field officer, by fair and impartial lot, draft one man out of such division, to serve as a regular soldier for the term of eighteen months from the time of his meeting in general rendezvous, who shall be of able body, subject to the same duties, and entitled to the same emoluments as those men who enlisted under the terms of the said recited act. The governour and council shall take order for the disposal of the men to be raised under this act, in the manner most likely to fulfil the intention thereof. The

fines on the county lieutenant, justice, or any other person failing to do his duty herein, shall be the same as in the above recited act, and recoverable in like

manner.

CHAP. XX.

An act for the better regulation and discipline of the militia.

WHEREAS it is expedient to amend the act entiSee vol. 9, tled "An act for regulating and disciplining the mili- p. 267,291. tia,” and one other act entitled "An act for providing against invasions and insurrections:" Be it enacted by

the General Assembly, That in every county where Generalmusthere are more than one battalion, there shall be a mus- ters, twice a ter of each battalion in the months of March and Oc- year. tober in every year, to be appointed by the county lieutenant, or in his absence by the next commanding officer, at, or as near the centre of the districts of such

battalions as may be. That the field officers and cap- Courts martains, or a majority of them, whereof a field officer tial. shall be one, shall hold a court-martial at or near the place where such muster shall be, on the day following, each muster under the same rules and regulations, and under the same penalties as are prescribed by the

said recited acts. Every commanding officer of a Fines on of battalion for refusing or neglecting to turn out, train, ficers and and exercise his battalion, or for refusing or neglect- soldiers. ing to perform any of the other duties required by the said recited acts; or who shall neglect to examine the returns and levy the fines upon delinquents, shall forfeit and pay the sum of two hundred and fifty pounds. Every county lieutenant or next commanding officer, the sum of two hundred and fifty pounds. Every other field officer, the sum of one hundred pounds. Every captain, the sum of fifty pounds: And every lieutenant or ensign, the sum of twenty five pounds. Every noncommissioned officer or private who shall neglect or refuse to attend any general or private muster when punishable.

Disobedi

ence, how

ordered by his commanding officer so to do, shall for feit and pay the sum of three pounds for every offence, except as is excepted by the said acts. Every noncommissioned officer or private, who at any muster shall not obey the lawful commands of his superiour officer, or shall behave mutinously, riotously, get drunk or not demean himself as a non-commissioned officer or soldier, shall be put under guard for the day, and being convicted before a court-martial of any such offence, shall forfeit and pay a sum not exceeding ten Misbehavi- pounds. If any by-stander interrupt, molest, or insult our, in bye any officer or soldier when on duty, or misbehave be standers, & fore any court-martial, he may be put under guard by others. the commanding officer for the day, and shall be fined in any sum not exceeding ten pounds. Every field officer or inferiour commissioned officer refusing or neglecting to obey the lawful commands of his superiour officer, misbehaving when on duty, or not demeaning himself as an officer, shall be put under arrest for the day, and upon conviction of any such of fence, shall be fined at the discretion of such court. If Officers re- any officer shall refuse to march when ordered into fusing to march. actual service according to his tour of duty, such offi cer 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 continues in service. If any non-commissioned officer or soldier shall 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 shall be convicted before a courtmartial, such offender shall serve as a regular soldier in the troops of this state six months, and shall by order of such court-martial be delivered to a recruiting officer for that purpose. The said recited acts as far as they come within the perview of this act, stand hereby repealed, provided that any court-martial which may be held by virtue of this act, shall proceed upon all delinquencies committed or done before the passing of this act according to the said recited acts, and determine accordingly. And that if at any time it shall be necessary to call the militia together for the purpose of drafting men for the continental army or any other purpose, the officers and soldiers shall be subject to the same fines and penalties for not appear