How to be

raised.

vided into

classes.

II. Be it enacted, That within ten days after the receipt of this act, which the governor is directed to transmit as soon as possible, the lieutenant or commanding officer of the militia of each county shall summon the field officers of his county to meet at the courthouse, or some other convenient place in the county, within ten days thereafter; and the said county lieutenant or commanding officer, with the field officers, or a majority of them, shall proceed to divide each county Counties diinto as many classes or districts as there are men required from each county respectively, making such classes as equal as may be, having regard as well to an equal proportion of taxable property in the county, including the property of exempts, as the number of able-bodied men. And to enable them to proceed with precision, the clerk of the county, clerk of the court-martial, and captains of the respective companies shall attend the said officers with returns of the taxable property and tithables made by the commissioners and magistrates acting under the act entitled, "An act for ascertaining certain taxes and duties, and for establishing a permanent revenue," and a minute of the last division of the county in classes, and the roll of each company of militia.

If not en

III. And be it enacted, That each class or district aforesaid, shall, within twenty days after such division listed for 3 is made, enlist or cause to be enlisted, one man such years or the war, to be as above described, to serve as a soldier in the conti- drafted for nental army for three years or during the war, and de- three years, liver him to the lieutenant or commanding officer of the county, or pay a sum equal to one eighth part of the taxes payable by the several persons of which such class shall consist, under the act above-mentioned, to such person as they or a majority of them shall ap、 point to receive the same, which sum, or so, much thereof as shall be paid, shall by such person be delivered to the lieutenant or commanding officer of the county as aforesaid, on or before the expiration of the time before-mentioned, for the enlistment of a soldier or payment of the money in lieu of him. And in case of failure of the payment of such sum or delivering such soldier as aforesaid, it shall and may be lawful for the lieutenant or commanding officer of the county to recover the said sum, or so much as such collector may have received, by motion in the court of his coun

ty, with costs and five per centum by way of damages, provided such collector has ten days previous notice of such motion; and the clerk of the county shall fornish the person first named in each class with the names of all free persons in such class, and the sum each person shall be chargeable with. And the person so-first named shall appoint a meeting of the class within five days after the same shall be divided, at which meeting such of the class as shall attend, or a majority of them, shall and may choose a collector, who shall be a freeholder, or possessed of visible property to the amount of one hundred pounds, to receive the sums payable from the individuals of such class, or to enlist such soldier; and in case of failure, the person first named as aforesaid, shall be collector, and each person attending shall be informed by the collector or person first named in the class, of the sum which they are respectively to pay; and in case the same shall not be paid or such soldier enlisted within the time herein before limited, such collector shall make a return to the county lieutenant or commanding officer of the names of those who have neglected to pay, and the sums due from each person, distinguishing in such return, those who are able-bodied militiamen. And such county lieutenant or commanding officer shall order the captain or commanding officer of the company to which such delinquents or a majority of them belong, to cause one of the said able-bodied militia-men to be drafted, by fair and equal ballot, to serve in the continental army as a soldier for three years, who shall be entitled to the same pay as other soldiers raised by this act, and to twelve pounds bounty, and also to all other emoluments given to the continental soldiers by law. And in case only one able-bodied man in any division or class shall fail to pay his proportion of the sum required by this act, he shall be considered as a continental soldier for three years, in the same manner as if he had been drafted by ballot. And such county lieutenant or commanding officer shall grant his warrant to the collector of each district, authorizing and empowering him to levy the as delinquents

sums due from the persons so return goods and

respectively, by distress and sale of their goods and chattels, in the same manner as is by law directed in the case of county or parish levies, which warrant the

sed.

said collector is required to obey, and on failure to execute the same, or to pay the money when received to such county lieutenant or commanding officer, he shall be liable to the same proceedings and penalties as is before directed with respect to money received by him. IV. And be it enacted, That every person enlisted Recruits, by any class or district under this act, shall, within the how dispo time aforesaid, be delivered to the lieutenant or commanding officer of the county, who shall take such order for his security as he shall think proper. And on the said recruit taking the oath of a soldier and signing his enlistment, he shall be entitled to pay and subsistence as a continental soldier; and such lieutenant or commanding officer shall deliver him to such continental officer as shall be appointed for the purpose of receiving recruits in manner hereafter mentioned, but may in the mean time furlough such recruit, not exceeding ten days at one time."

Officers of the line to

V. And be it farther enacted, That the governor, with the advice of the council, shall appoint so many receive reofficers of the line, not being in actual duty, as he shall cruits. think necessary, to receive the soldiers enlisted under this act, and also to receive from the lieutenants or commanding officers of the several counties, all such sums of money as shall be received by them: They shall pass receipts to such county lieutenants or commanding officers for the men to be delivered and the money to be paid to them, and shall sign duplicates of such receipts, one of which the county lieutenants or commanding officer shall transmit to the governor and council, and shall also transmit to the governor and council within twenty days after the time prescribed for receiving the money or recruits before-mentioned, an account of all men and money received by them, and of the proceedings taken against the delinquent classes, and of the officers to whom such men shall be delivered or money paid, and such officer shall proceed with the utmost diligence in the business of recruiting. Every able-bodied man, as before described, Bounty, pay, inlisting for three years or during the war, shall be en- and emolutitled to a bounty of twelve pounds, to be paid as soon ments. as he shall be sworn, and to the same pay and emoluments as other continental soldiers of this state's quota are entitled to; and such recruiting officer shall receive forty shillings for every such recruit by him inlisted, VOL. XI. C

画

ted from personal ser

vice.

for his trouble and expences, and such recruiting offcers shall, once in every month, make due returns to the governor and council of all recruits which shall be delivered to or recruited by such officers, and of all monies received by them respectively, and shall obey such orders as they shall from time to time receive from the governor and council respecting such recruits and money; and in case such county lieutenants or commanding officers, or any of them, shall fail to pay all sums by them received for the purpose aforesaid, on demand, to the officers authorized to roceive the same, or shall fail to pursue the measures by this act directed for the recovery thereof, the solicitor general shall be authorized and empowered to recover all such monies received, and such sums as have been neglected to be recovered in the manner before directed, by motion in the general court, giving ten days previous notice of such motion; and where the county lieutenants or commanding officers shall fail to make return of the men and money by them received and to whom delivered, and of the measures pursued against delinquent classes, the judgment shall be for the whole sum required of the county where such failure shall be.

Quakers and VI. And be it farther enacted, That where any quamenonists, ker or menonist shall be drafted in consequence of this how exemp act, he shall not be compelled to serve, but shall pay to the collector of his district the sum of fourteen pounds, which sum, if payment thereof be refused, shall be levied on his goods and chattels as is herein before directed in other cases of distress, and shall be paid to or recovered by the lieutenant or commanding officer of the militia, in the same manner as other monies received by him.

Expresses,

red.

VII. And be it enacted, That the lieutenant or comhow procu manding officer in every county shall be authorized and empowered to hire expresses to give notice to the field officers of his county, the county clerk, clerk of the court-martial, and captains or commanding officers of the companies, to attend the aforesaid meeting, and also to transmit the return of his proceedings to the governor and council, which expresses shall be entitled to receive twelve shillings per day, to be allowed by the auditors on the certificate of the lieutenant or commanding officer of each county. And if any lieutenant or commanding officer of a county shall fail to

Fines, for

summon the field officers in manner before directed, he shall forfeit and pay the sum of one hundred pounds; and if he, or any of the field officers captains or commanding officers of companies, and clerks of the county courts and courts martial, shall fail to attend the meeting by him appointed as aforesaid, unless prevented by sickness or other unavoidable circumstance, he or they so failing shall forfeit and pay the sum of twen- delinqueuty pounds each; all which penalties may be recovered cies in any court of record, by action of debt, information or indictment, and shall be applied one half to the informer, and the other half to the use of the commonwealth. And in case any officer of the line shall misapply, embezzle, or neglect to account for the monies received by him as directed by this act, he shall be liable to a judgment for all monies so misapplied, embezzled or unaccounted for, by motion in any court of record, at the instance of the solicitor general, together with costs and five per centum damages, provided such officer have ten days previous notice of such motion.

funds, in a

VIII. And be it further enacted, That where the sum Surplus of payable by any class shall amount to more than the class, how sum of fourteen pounds, the overplus shall be paid to disposed. the lieutenant or commanding officer of the county, and shall be applied towards the payment of bounties to recruits and expences attending the recruiting service, in such manner as the governor, with the advice of the council, shall direct.

recruit, ex

empts the

IX. And be it further enacted, That the furnishing Furnishing a of a recruit by any class, shall exempt such class from the payment of the said sum of fourteen pounds, and class. no more; and that in case of failure in payment of the overplus, the same proceedings shall be had for the recovery of such overplus as is herein before directed for the recovery of the proportions of delinquents in other

cases.

X. And whereas many counties have failed in whole or in part to furnish the several quotas of regulars in their respective counties since the year one thousand Counties seven hundred and seventy-seven, as required of them: failing to furXI. Be it therefore enacted, That the lieutenants or nish the forcommanding officers of the militia of each county shall, mer quotas, to be report on or before the first day of November next, transmit ed to gene. to the governor, the most exact state that at this time ral assembly;