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Arrest of offi- 1X. Be it therefore enacted, That the governor, with

advice of council, shall have power to arrest the county lieutenant or commanding officer of a county, and all other officers, for any misconduct whatever, and upon trial and conviction, may censure or cashier them. All officers under the county lieutenant or commanding officer of a county, may also be arrested by such com

nanding officer, and reported to the governor for trial, Courts-mar. Qr at the option of such commanding officer, a general tial, for triál court-martial, to consist of thirteen officers, may, by his of.

order, be held in the county for trial of such as shall be umer the rank of a field oflicer. The president of the said coure shall be a field officer, and six at least of the members shall be captains; and where there is not a sufficient number of officers in any county, to constitute a court, where the arrest is made, the eommanding oflicer of such county may call upon as many officers from the adjacent counties, as will be sufficient to make up a court; and such court may, on conviction, sure or castrier any officer so tried, and their sentence shall be final, saving to such-officer an appeal to the executive if he shall think proper; in which case, the, commanding officer shall furnish him with a copy of the proceedings of the said court: Any non-commis sidned officer or soldier offending, shall be tried by a like general court-martial, and may, on conviction, be censured or fined at the discretion of the court; and failing to make instant payment of such fine, or to give sufficient security therefor, within such time as the court may think proper, shall receive corporal punishment not exceeding twenty lashes. For obtaining the necessay evidence for the trials aforesaid, the governor or commanding officer of the county, as the case may be, shall issue his summons, and any person -50 summoned, failing to attend, shall-forfeit and pay, upon a summons from the governor, ten pounds, and upon a summons: of the commander of a county, five pounds, to be reported by the commandiog officer,

amongst other delinquencies, to the court aforesaid. Courts of enz.

X. And be it further enacted, That the commandquiry, how er of a county; shalt on some day in the months of constltuted. May and November (his general myster being over)

summon all his field-officers, and aú equal nimber of the senior magistrates; and with them, or a majority of such field officers and magistrátes: respectively, shall:

form a court of enquiry, and assessment of fines; the said court shall take the following oath, to be administered by any one of the magistrates to the other members, and, afterwards by any one of them to him, vizi "1

do swear, that I will truly and l'aithfully enquire into all delinquencies which appear on the returns to be laid before me, and will assess the fines thereon as shall seem just, without favor, partiality, or affection. So help me God." The county lieutenant Their powers shall then: lay before the said court, all the returus of and duty. delinquencies, as directed by this act, whereupon they shall proceed to hear and determine on them. All fines to be assessed by virtue of this act, shall be collected by the sheriff of the county, upon a list thereof, certified by the commanding officer, and delivered to the sheriff, on or before the first day of January, in every year, who sbali account for, the same to the county lieutenant, or his successor, in the manner directed, and be allowed the same commission as-for other public monies, on or before the first day of November, in the same year; and on failure, the commanding officer, or his successor, shall on ten days previous notice, obtain judgment for the same, in the county court, with costs. And should any person so charged with fines, fail to make payment, on or before, the first day of May, in any year, the sheriff is hereby authorized to make disa tress and sale therefor, in the same manner as is directed in the collection of taxes. The commanding officer of every county, shalt, on or before the thirty-first day of December, in every year, render to the executive, an account upon oath, of all nonjes which have eome into his hands by virtue of his office, and of his disbursements, and if their shall remain any money, in his hands, the same shall be paid into the treasury, in aid of the contingent funda. And for enforeing obedienee to this acte

XL Be it enacted, That the following forfeitures and vines for depenalties shall be incurred for delinquencies, viz. By linquencies. the county lieutenant or commanding officer of a coun ty, for failing to take any oath, to summon any court or board, to attend any court or board, to transmit

any recommendation of an officer or officers to the governor, to deliver any commission or commissions, to ap. point a general muster, to attend such muster armed as required, to report delinquencies, to make a general re

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turn of his militia to the governor, as is directed by this act, shall, for each and every such offence or neglect, forfeit and pay twenty pounds; failing to send into actual service any militia called for by the governor, or to turn out his militia npon an invasion or insurrection of his county, fifty pounds:" By ai lientenant colonel commandant, forlailing to take any oatlı, to attend any court or board, to appoint a regimental muster, to give notice of a general muster, to examine lis regiment, to report delinquencies, or to make any return as directed by this act, he shall forfeit and pay for each agd every offence or neglecf, ten pounds; failing to call forth from luis regiment, with due dispatch, any detachment of men and officers, armed and equipped, as shall from time to time, be required by the commanding officer, on any call from the governor, invasion of, or insurrection int his county, or requisition of a neighbouring county, twenty-five pounds: By. a major for failing to take any oath, to attend any court or board, to attend any mus. ter armed as is herein directed, he shall for each and every such offence or neglect, forfeit and pay eight pounds; failing to repair to his rendezvous when suminoned upon any call of the governors invasion of or insurrection in the county, or requisition of the commander of a neighbouring coonty, he shah forfeit and pay sixteen-pounds: By a captain, for failing to take any oath, to attend any court, to enroll tris company, to appoint private musters, to give notice of a general or res gimental muster, to attend any muster armed, to call his coll, examine his company, and report delinquencies, to make any return as is directed by this all, he shall forfeit and pay for each and every such offence and negleet, six pomids; failing to call forth sach officers and men, as the commanding officer shall from tinte to time order from his company, upon any eal from the govervor, invasion of or insurrection in the county, or requisition from an adjacent county, or failing on any such accasion to repair to the place of ren dezvous, he shall forfeit and pay twelve pounds: By a subaltern officer, for failing to take any oth; to attend any court or muster armed as directed, for each of the said offences he shall forfeit and pay three pounds; failing to repair to bis place of rendezvous armed as required, when ordered upon any call from the governor, wcasion of or insurrection in the county, or reqoi

cution or dig.

rest.

sition from a neighbouring county, he shall forfeit and "pay six pounds. And moreover, the said officers, for any of the said offences shall be liable to be arrested and tried for the same as military offenders: By a pon-commissioned officer or soldier, for failing to attend at any muster, with the arms, ammunition, and equipments, as directed by this act, he shall forfeit and pay ten shillings; failing to repair to his rendezvous, when ordered upon any call from the governor, invasion of or insurrection in the county, or requisition from a neighbouring county, he shall forfeit and pay two pounds. And any magistrate failing to attend any court or board, or to take any oath directed by this act shall forfeit and pay ten pounds. All arms, ammunition, and equipments of the mili- Arms cxemp. kia, shall be exempted from executions and distres- ted from 'exe, ses at all times, and their

persons

from arrests in tress, and mi. civil cases, while going to continuing at, or returning litiu from arfrom masters, and while in actual service. Each court or board, by this act directed to be held, are empowered to appoint a clerk and provost marshal; such clerk shall keep a fair record of their proceedings, and together with the said provost marshall, receive such allowance, to be paid out of the fines arising from delinquencies, as the said court'or board shall think reasonable. And whereas the practice of paying for arms and accoutrements by the public; which are lost in service, is productive of the most mischevious consequences, in as much as it takes away'a very great incemive to the holding them fast in action, and the preservation public ser

Arms lost in of them elsewhere;

vice not to be XII. Be it enacted, That no arms or accoutrements, paid for, unwhich may hereafter be lost in service, shall be paid for killed or disa by the pablic, unless the loser shall be killed, wounded, bled. or otherwise incapacitated in the opinion of a courtmartial, from preserving his arms.

XIID And be it further enqeted. That this act shall Repeal of for. commence and be in force, from and after the first day

ving of priviof April next, and thereafter all and every, act or acts leges of qua, heretofore enacted, for or concerning any matter or kers. thing within the purview of this act, shall be, and the same are hereby repealed. Provided, That this act shall not be construed to deprive the people called quakers of any privilege granted to them by an act of as sembly, intituled, "An act to exempt quakers from at

mer acis, sa

Militia of sending masters." Provided also, That the governor, Williamsburs with advice of council, shall have power and authority and Norfolk, under same to şuspend the operation thereof in the counties on the regulations western waters,' so long as they may thiek proper. as in counties

XIV. And be it further enacted, That the militia of the city of Williamsburg and borough of Norfolk, shall have their officers appointed, and be under the same rules and regulations as the different counties. :..

CHAP. XXIX.

(Chapter LXVIII in Oa riginal.)

An act for providing arms and ammunition for the defence of the slate.

Vrance.

Arms and ac

I. BE it enacted by the General Assembly, That the coutrements governor with the advice of councils-be authorized and to be provide required to purchase on the best-terms he ean, either in ed

the country or by importation, in the ensuing year, as many thousand stand of arms and accoutrements brass mounted, of the descriptions directed in the militia law, with the words Virginia militia! engraved thereon, as the money which from time to time may be appro

priated for that purpose will purchases If impotted,

II. And be it further enacted, That if any such arms to come from and accoutrements shall be imported from Europe, such

importation shall be from France,

*** III. and be at further enacted, That the governor, Gun powder, flints, á car.

with advice of council, shall also in like manner in the tridge paper, same year, and out of the fund hereix after provided, to be import, import ten tons of musket powder, two hundred thou.

sand gun-flints; and one hundred rean' of musket cartride paper, to be deposited in the publie magazines. And for carrying this act inte execution in the year one thousaiid seven hundred and eighty five, the executiye is hereby authorized and empowered to draw ten thousand pounds out of any money which may be in the hands of the treasurer, on, or after the first day of July next; which shall be replaced out of the monies arising from the land office; so far as the same may not be al

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