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ing summoned thereto by their chief officer, as aforesaid, they shall respectively forfeit and pay the sum of one hundred pounds, and the other officers present at such council of war, shall certify to the next court to be held for such county, or for the said city or borough, the names of all such field officers and captains who shall fail to attend such council of war, which court shall thereupon order such officers to be summoned to appear at the next court to be held for such county, city, or borough, and unless they shall make out a sufficient excuse for their non-attendance at such council of war, they shall enter judgments against them respectively, for the fines aforesaid, and thereon award execution, which fines, when levied; shall be by the sheriff of such county, or the serjeant of the said city or borough, accounted for, and paid to the treasurer of this colony, and by him applied to the same uses, as the taxes by this act imposed, are directed to be applied.

XIV. And whereas it is expected, that many per- Overseers. sons will, to avoid being drafted as soldiers, according to the intention of this act, enter themselves as overseers, by which means they may be deemed not a part of the militia: Be it enacted, by the authority aforesaid, That no person not having been bona fide an overseer, according to the description of the laws for the better regulation of the militia, on or before the twenty-fifth day of March last, shall be exempted from being drafted in the militia, pursuant to the intention of this act.

XV. Provided always, That nothing herein con- Militia so tained, shall extend or be construed to extend to im

drafted not

to be carried power the governor or commander in chief, or any out of the other officer, to lead or march the soldiers hereby rais- colony. ed, or cause them to be led or marched out of this colony.

XVI. And be it further enacted, That so much of the said act, intituled, An act for raising the sum of forty thousand pounds, for the protection of his majesty's subjects on the frontiers of this colony, as relates to the drafting the militia be, and the same is hereby repealed.

XVII. And whereas the frontiers of this colony are A chain of in a very defenceless situation, and openly exposed to forts to be e

rected. the incursions and depredations of our cruel and savage enemies, who are daily destroying the lives and

Vol.7.

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estates of the inhabitants of that part of the colony,
and it is necessary that forts should be erected in those
parts, to put a stop to those violent outrages of the
enemy, and to protect the inhabitants in their lives and
properties: Be it further enacted, by the authority afore-
said, That a chain of forts shall be erected, to begin
at Henry Enochs, on Great-Cape-Capon, in the coun-
ty of Hampshire, and to extend to the South-Fork of
Mayo-River, in the county of Halifax, to consist of
such a number, and at such distance from each other,
as shall be thought necessary and directed by the go-
vernor, or commander in chief of this colony, for the
time being, who is hereby desired to appoint some
proper person with such a number of the forces, in the
pay of this colony, as he shall think necessary to erect
and build such forts, and to issue his warrant to the
treasurer for paying so much money as shall be thought
necessary, for the purposes aforesaid, by the commit-
tee herein before nominated and appointed, not exceed-
ing the sum of two thousand pounds, who is hereby
directed to pay the same accordingly, and the govern-
or or commander in chief, for the time being, is here-
by also desired to appoint so many men, with such offi-
cers as be shall think proper to garrison such forts,

when erected.
Treasury XVIII. And whereas by reason of the long time al-
notes to be lowed for collecting the duties imposed by this act
emitted.

(which from the distressed circumstances of the peo-
ple, and the great scarcity of gold and silver coin in
this colony, could not be sooner done) the said duties
will not be collected in time to answer the purposes
hereby intended: Be it therefore enacted, by the author-
ity aforesaid, That it shall and may be lawful for John
Robinson, esquire, treasurer, or the treasurer of this
colony for the time being, appointed by, or pursuant
to, an act of Assembly, to issue or emit, at any time
or times, before the twenty fifth day of March next
ensuing, and not after, in such proportion as he shall
find necessary, to answer the demands that "shall be
made upon him, for the purposes aforesaid, any num-
ber of treasury notes , so as the whole sum of such
notes, so to be issued, shall not exceed the sum of
twenty five thousand pounds, which notes shall be pre-
pared, printed or engraved, and numbered in such
form, and after such method, as he the said treasurer,
for the time being, shall judge most convenient for

their circulating in payments and being safe from counterfeits and forgeries, and shall be signed by the said treasurer, and Peyton Randolph, esquire, and Robert Carter Nicholas, gentleman, who shall be allowed fifty pounds for their trouble in doing the same, to be deducted out of the allowance to the treasurer for emiting the said notes, and the said treasurer shall be allowed two per cent. upon the amount of the notes so to be issued, for his trouble therein.

XIX. And be it further enacted, by the authority The time of aforesaid, That all such notes, so to be issued, shall redemptiop. be redeemable on the last day of June one thousand seven hundred and sixty, and shall then be paid by the treasurer for the time being, with interest, after the rate of five per centum per annum, from the date thereof, and further, that all such notes, so to be issued, shall be received and pass as a lawful tender in payment of any debt, duty, or demand whatsoever (ex. cept for the payment of his majesty's quit-rents, and the duties imposed by two acts of Assembly, the one intituled, An act for raising the sum of twenty thousand pounds, for the protection of his majesty's subjects against the insults and encroachments of the French, and the other intituled, An act to explain an act, intituled, An act for raising the sum of twenty thousand pounds, for the protection of his majesty's subjects against the insults and encroachments of the French) from the time of issuing such notes, until the time before specified for the redemption thereof at the treasury, as aforesaid.

XX. And be it further enacted, by the authority Counterfeito aforesaid, That if any person, or persons, shall forge ing death. or counterfeit, alter or erase, any such treasury note, or shall tender in payment, by way of barter or otherwise, to any psrson whatsoever, or shall demand a redemption of any such note at the treasury, knowing the same to be forged or counterfeited, altered or erased, every such person, or persons, so offending, if lawfully convicted, shall be adjudged a felon, and shall suffer as in cases of felony, without benefit of clergy.

XXI. And be it further enacted, That the money to The duties be raised by the duties imposed by this act, shall stand, imposed by be, and remain as a security for the redemption of the this act to be said treasury notes, so to be issued, and the said John the redempe Robinson, treasurer, or the treasurer for the time be- tion. 'ing, appointed as aforesaid, is hereby required to ap

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ply all such money as shall come to his hands by virtue of this act, for, and towards the redemption of such treasury notes, and to no other use or purpose whatsoever.

XXII. And whereas divers companies of the militia of the several counties of Prince William, Fairfax, and Culpeper, were lately drawn out into actual service for the defence and protection of the frontiers of this colony, against the incursions and depredations of the French, and their Indian allies, whose names and the time they respectively continued in the said service, are contained in a certain schedule to this act annexed, and it is just and necessary that they should be paid for such their service, by the public, and also that the several sums of money in the said schedule charged for provisions, found for the use of the said.militia, should be paid to the persons respectively entitled to the same, according to the said schedule; and for an encouragement to the militia of this colony to go out freely for the defence of their country in all times of danger, with a certain assurance of being paid for their services: Be it further enacted, by the authority aforesaid, That the treasurer of this colony do, within six months after the passing of this act, pay in treasury notes, to be emitted by virtue of this act, to the several officers and private soldiers, particularly named in the said schedule, the several sums of tobacco to which they are respectively entitled, at the rate of ten shillings per hundred, and also the several sums of money charged in the said schedule, for provisions found for the use of the said militia, to the persons thereby respectively entitled to the same, and also the several tobacco claims, for provisions found for the said militia, to be discharged at one penny per pound, any thing in the acts relating to invasions and insursections to the contrary notwithstanding.

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The Schedule, to which this Act refers. To the Militia of the County of Fairfax, viz.

lbs. tob. To Lewis Ellzey, Captain,

1500 Sampson Turley, Lieutenant,

1250 Samuel Tillett, Corporal,

1100 James Tillett, do.

1100 Sampson Demovill, do.

1100 To Jeremiah Hutchinson, Corporal,

1100 Joseph Stephens, do.

1100 Philip Grymes, do.

330 Gilbert Simson, jun. do.

660 To sixteen Troopers, viz. George Shortridge, Benjamin

Ladd, Nathan Williamson, Vincent Boggess, Joseph
Fry, Daniel Thomas, Benjamin Hutchison, George
Simson, Helland Middleton, Thomas Shore, William
Southard, Robert Watson, servant to Lewis Ellzey,
Thomas Simmonds, John Berkley, junior, Francis
Eaton, and William Pickett, 1000 each,

16000 To nine Troopers, with impressed horses, viz. Jesse Mar

tin, Charles Newland, Thomas West, John Price,
Richard Newall, James Chamberlayne, Thomas Cart-
wright, David Thanas, junior, and Edward Davis,
750 each,

6750 To seven horses impressed for the above Troopers, be

longing to William Crump, John Williams, Thomas
Wyatt, Charles Broadwater, llenry Taylor, Barna-
by Curry, and John Summers, 250 each,

1750 To twenty Troopers, viz. William Peake, junior, William

Trammell, Gilbert Simson, junior, William Scutt,
William Musgrove, William Hayes, Edward Mas-
terson, Mark Chilton, Thomas Triplett, William
Morris, William Smith, John Stephens, Thomas Os-
born, George Saunders, Daniel Shoemaker, Joseph
Burson, Simon Shoemaker, Edward Hardin, Nicho-

las Grymes, and Michael Regan, junior, 300 each, 6000 To eight Troopers, with impressed horses, viz. William

Owsley, Joseph Jones, Joseph Martin, William Stack-
house, John Sinclare, David Smith, Clement Gamer
and John Dawson, 225 each,

1800 To eight impressed horses, for the above Troopers, be

longing to Daniel French, Benjamin Satterfield, Wil-
liam Palmer, Jolin Hough, Benjamin Pool, John
Pultney and Jacob Morris, 150 each,

1050

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