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menonist

drafted, not

substitute

pay, the

VII. And be it further enacted, That where any qua- Quaker or ker or menonist shall be subjected to a tour of duty in consequence of the militia or invasion law, such qua- compelled beer or menonist shall not be compelled to perform such to perform auty, but the county lieutenant or commanding officer duty; but a of the militia, shall appoint some proper person to pro- provided, at cure a substitute upon the best terms possible, who shall his expence; make return to the lieutenant or commanding officer if unable to aforesaid, of the name of such substitute, and the con- price te be sideration agreed to pay him; whereupon the lieutenant levied onthe or commanding officer, shall issue his warrant to the whole of the sheriff or collector of the tax of his county; which shall society. in the first instance be against the estate of each quaker or menonist so draughted for the amount of the substi tute money agreed for, in behalf of each of them, to be levied on their lands, goods, and chattels respectively, in the same manner as if by law directed for collecting a permanent revenue; and is any of the said quakers or menonists so draughted, shall not have sufficient property on which a levy can be made, then the whole or part of such substitute money, shall be levied on the property of all the quakers and menonists in the said county, that are subject to the militia service, each to pay in proportion to his taxable property.

for not serv

VIII. And whereas, many delinquents of the militia Delinquents have been heretofore condemned by the courts-martial of militia under the laws in force to serve in the continental ar- condemned my; but as the periods of such service do not extend to ing in contithe term of three years, and under the late regulations nental army, of the continental army no persons are admitted there- to serve in in who are engaged for a less time;

rext requi sition of mi

exonerated

IX. Be it therefore enacted, That the different coun- litia. ty lieutenants direct their captains to make return of all such delinquents so condemned, who shall in the On serving first requisition for militia to the county, be ordered from penalforth to serve the term for which they have been re- ties of deserspectively condemned, and so serving faithfully, they tion; other shall be exonerated from the punishments to which ed regular they are now subjected as deserters, and failing herein, soldiers, to are declared regular soldiers for the term of twelve serve on months, to serve on board the armed vessels for the defence of Chesapeake bay.

wise declar

board armed vessels.

Chap. CXI.

in original.

CHAP. XLV.

pa. 182.

[Chan. Rev. An act to amend an act intituled an act to repeal so much of a former act as suspends the issuing of executions on certain judgments until December 1783.

See Nov. 1712, ch. 23; May 1712, ch. 44.

assigned, re

newed or

altered.

I. WHEREAS from an act intituled “An act to repeal so much of a former act as suspends the issuing .executions upon certain judgments until December one thousand seven hundred and eighty three," sundry great and ruinous inconveniences and hardships will British debts result to the good people of this commonwealth, unless not recover a speedy remedy be applied: Be it enacted by the able, altho' General Assembly, That no debt or demand whatsoever contracted with, or due to any British subject, or contracted with or due to any other person, for the use of, or in concern with, any British subject, and still remaining unpaid, shall be recoverable in any court of record within this commonwealth, notwithstanding the same may have been renewed, changed, altered, or acknowledged to any agent, partner, or assignee of such British subject, or to any other person whatsoever, either for their own use or benefit, or for the use or benefit of such British subject, since the nineteenth day of April, in the year one thousand seven hundred and seventy-five, any law to the contrary in any wise notwithstanding.

How frauds, in assignments of

British debts detected.

11. And whereas from the commencement of hostilities by the British against these United States, and the subsequent proceedings of the general convention and general assembly, there is reason to believe that much fraud has been used to secure the debts due to British subjects, their agents or factors within this commonwealth, by pretended sales, exchanges or assignments (to the citizens thereof, or other persons qualified to maintain snits for the recovery of such debts) bearing date prior to the nineteenth day of April one thousand seven hundred and seventy five, thereby interesting a part of the citizens in supporting the British interest and connection, to the injury of another part, and to the disturbance of the peace and harmony

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III. And be it further enacted, That where it shall Treble costs appear on the trial of any suit for the recovery of any to defendant such debt originally due to a British subject, that the proof of person or persons so claiming the same, or any other person for them, hath been privy to any fraud or colfusion in procuring or accepting any assignment or transfer of such debt, judgment shall be given for treble costs to the defendant: Provided always, That nothing herein contained shall be construed to prevent partners any citizen of this commonwealth who has been in co- with British partnership with any British subject or subjects, and creditors, who was resident therein before the said nineteenth day by attach of April one thousand seven hundred and seventy five, ment. continued so since that time, and given assurance of fidelity as the law requires, from prosecuting by attachment in the high court of chancery, or any county court in chancery, and recovering the just sum or balance which may be due to him for his share or proportion of the debts or effects of such copartnership.

IV. And be it further enacted. That no such citizen who has been in partnership as aforesaid, shall be compelled to pay the debts due from such copartners to any person whatsoever, unless it shall appear that VOL. XI.

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