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as aforesaid, to impress able and fit men to go in sloops or boats: And also any smith, wheel wright, carpenter, or other artificer whatsoever, which shall be thought useful for the fixing of arms, making carriages for great guns, or doing any other work whatever, where need shall be of such artificer.
N. Provided always, That it shall not be lawful to Goods im. make use of any provisions, utensils, tools or instru- pressed, to ments so impressed or taken up, until appraisment
be yalued. thereof hath been made in money, by two good and lawful men upon oatli, one whereof to be chosen by the proprietor of such provisions, or other thing or things so impressed, and the other by the commanding officer present, which said officer is hereby impowered to administer such oath to the persons so appointed to appraise the same, nor of any sloop, boat, cart, waggon, horses or oxen, until such appraisment made of the same, with the appurtenances belonging thereto, and also an estimate made by the same men of a suitable allowance in money, by the day for the rise of such sloop, boat, cart, or waggon, with the draughthorses or oxen, and appurtenances thereto belonging, which every person so impressing, is hereby required to cause to be made, and to pay for the same as soon as he shall receive money sufficient for that purpose, upon pain of being liable to the action of the party grieved for an unlawful seisure.
III. And be it further enacted, That there shall be The pay of raised and paid by the public to the officers and sol- the officers diers drawn out into actual service, by virtue of this, and soldiers
drawn out inand the before recited acts, and to the look-outs after to actual ser the rates following, to wit,
To the County-Lieutenant, or commander in chief,
A Colonel, ten shillings,
IV. And be it further enacted, by the authority aforesmiths, said, That every suith, wheel-wright, carpenter, or wheel
other artificer, and all watermen employed in the serwrights, carpenters, and vice, as by this and the said recited acts is directed, other artifi- shall be paid, and allowed by the public, after the rates
following, to wit,
Every Smith, five shillings,
And where any sloop, boat, waggon or cart, impressed and appraised according to the directions of this act, shall be damnified, or horse or ox hurt, the damage of the same shall be enquired into by two good and lawful men, on oath, to be appointed, as is before directed for appraising; or if the proprietor should refuse to appoint persons to appraise or value the goods so impressed, it shall, and may be lawful for the commanding officer, then present, to appoint both persons to make such enquiry, and to administer to them an oath for that purpose, and the difference between the appraisment and the valuation, when discharged, shall be paid by the public to the proprietor of such sloop, boat, waggon, cart, horse or ox.
V. And whereas it is necessary that a further sum of money should be raised for the payment of the militia drawn out into actual service, in pursuance of the several acts of Assembly concerning invasions and insurrections, Be it further enacted, by the authority aforesaid, That the sum of two shillings, or twenty
New taxes imposed.
pounds of tobacco, at the option of the payer, shall be paid for every tithable person in this colony, to the sheriff of the county, where such tithable shall be inlisted by the person inlisting such tithables, on or before the tenth day of April, one thousand seven hundred and fifty-eight, and the like sun, on or before the tenth day of April, one thousand seven hundred and fifty-nine, and the like sum, on or before the tenth day of April, one thousand seven hundred and sixty, which duties shall be collected by the sheriffs, according to the lists of tithables taken and subsisting, at the time of payment, in each year respectively, and according to the rules and method, and under the like penalties and forfeitures, as are prescribed and directed for the collection of the taxes laid and imposed by an act of Assembly passed this present session, intituled, An act for raising the sum of twenty-five thousand pounds, for the better protection of the inhabitants on the frontiers of this colony, and for other purposes therein mentioned.
Vi. And be it further enacted, by the authority afore- To be paid to surid, That the several sums of money and tobacco to the treasurbe collecterl, by virtue of this act, for the said poll- er. tax, shall be, by the sheriff's respectively, accounted for upon oath, and paid to John Robinson, esquire, treasurer of this colony, or the treasurer for the time being, appointed by, or pursuant to an act of Assembly, on or before the tenth day of June next following the time herein before limited, for payment of the said duties in each year, after deducting five per centum for each sheriff's salary in collecting the same, and be accounted for by the treasurer to the General AsSembly, after deducting two per centum for his salary in receiving and paying the same.
VII. And be it further enacted, by the authority Militia to be aforesaid, That the governor, or commander in chief paid by the of this colony, for the time being, is hereby impower-county-lieued and desired to issue his warrant to the treasurer,
chief comfor paying so much money as shall be necessary for manding offithe purposes aforesaid, not exceeding the sum of thir-cer. ty thousand pounds in the whole, to the county-lieutenant, or chief commanding officer of the militia of each county, that shall be drawn out into actual service, in pursuance of the aforementioned laws, concerning invasions and insurrections, which shall be applied by such county-lieutenant, or chief command
ing officer of such militia, towards paying the officers. and private soldiers of such militia, for the time they shall respectively be employed in the service of their country, according to the respective rates and allow
ances above settled. And the said county-lieutenants, appoint a
or chief commanding officers of such militia so drawn clerk. out as aforesaid, are hereby also impowered and re
quired to appoint a clerk to keep a register of their proceedings, who shall be allowed the sum of five shillings for each day he shall be so employed, and also a surgeon to attend on the militia so drafted out, Who shall be allowed the sum of ten shillings per day: And the said county-lieutenants, or chief commanding officers of such militia, shall return an exact and true account, upon oath, to the treasurer of this colony, for the time being, appointed as aforesaid, of all the monies so by them received, in pursuance of this act, and in what manner they shall have laid out the same, and shall also repay to the said treasurer all such sums of money, as shall remain in their hands, after having
performed the trust hereby reposed in them. Commissa- VIII. And to the end that the militia, which shall ries to be ap- be at any time drafted, pursuant to the acts hereby pointed.
intended to be amended, may be well supplied with all necessary provisions, Be it further enacted, by the authority aforesaid, That it shall, and may be lawful, for the governor, or commander in chief of this colony, for the time being, to appoint a commissary, or commissaries for the purposes aforesaid, who are hereby required to use all possible dispatch in purchasing such provisions, as shall be necessary for the militia so drafted as aforesaid, and in laying of the same in such convenient place or places, that may best suit with the places destined for the marching and rendezvous of such militia. And it shall, and may be lawful, for the governor, or commander in chief as aforesaid. to issue his warrant to the treasurer of this colony, for paying to such commissary, or commissaries, so much money, as he shall judge necessary for purchasing such provisions as aforesaid; and the said treasurer is hereby directed and required to pay the same out of the money that shall be raised by virtue of this act; and every commissary so to be appointed, shall be allowed out of the said money, twenty shillings per day for his trouble, together with all reasonable expences attending the same.
IX. And be it further enacted, by the authority afore- Commissasaid, That every such commissary shall return an ex-ries duty. act and true account, upon oath, to the treasurer of this colony as aforesaid, of the disbursement of all such sum and sums of money, that shall be paid by the treasurer to such commissary, in pursuance of this act.
X. And be it further enacted, by the authority afore- Militia draft: said, That when the militia of any county shall be ed, exempt
ed from ardrawn out into actual service, by virtue of this act, and of the several acts concerning invasions and in rests, &c. surrections, every officer and soldier of such militia shall be exempted from all process in any cause or suit whatsoever (other than for some criminal matter) and his estate privileged from all executions, attachments and distresses whatsoever; and that if any suit shall be depending in any court whatsoever, in which any officer or soldier so drawn out as aforesaid, shall be a party, either plaintiff or defendant, the same shall be stayed, and no proceedings be had or taken therein, during the time such officer or soldier shall contin. ue in such service.
XI. And whereas by the said act of Assembly, For The militia raising the sum of twenty-five thousand pounds, for of those
counties now the better protection of the inhabitants on the frontiers
ordered out of this colony, and for other purposes therein mention- by the goed, the county-lieutenant, or chief commanding officer vernor, not of the militia of every county in this colony, is impow-to be drafted ered and required, within twenty days after the pass- a former act, ing of the said act, under the penalty of five hundred till their repounds, to call a council of war, and to cause to be turn. draughted out of the militia of their respective counties, ane man for every twentieth man, of which such militia shall consist, for immediate service.
XII. And whereas the governor has thought proper to order out the militia of several counties, and may hereafter, within the time limited by the said act for draughting the militia as aforesaid, order out the militia of other counties, to repel the incursions of the enemy, and it is impracticable that the militia of such counties so ordered out, can be draughted according to the directions of the said act, Be it further enacted, by the authority aforesaid, That the county-lieutenant, or chief commanding officer of the militia of every county so ordered out, shall be exempt from the penalties and forfeitures in the said act inflicted, for failing to