by or pursuant to an act of Assembly, and disposed of as the General Assembly shall direct, and the other moiety to the informer, and shall and may be recovered with costs, by action of debt or information, in any court of record within this colony.

The reward IV. And for the encouragement of persons who may to those who be inclined to inlist voluntarily into the said service, voluntarily Be it further enacted, by the authority aforesaid, That Inlist. every able-bodied person, willing to inlist into such service, that shall appear before either of the said courts, hereby appointed to be held as aforesaid, and there inlist himself as a soldier, provided the same be done before the drafting as aforesaid shall be compleated, shall be entitled to five pounds: And if any person present shall be willing to, and shall advance the said reward to the person so inlisting, the person paying the same shall, upon producing a receipt, be repaid the money so advanced, by the treasurer, out of the money herein after appropriated for raising and maintaining the forces hereby intended to be raised; and if no person present will advance the said reward, then the person so inlisting shall be paid the same within three days after his arrival at the place of general rendezvous, by the commanding officer of the forces in the service of this colony. And the court before whom such person shall inlist shall order the clerk to give such person a certificate of his inlisting, to entitle him to the reward aforesaid: And every person so inlisting shall be deemed and taken as one of the number herein before directed to be drafted for each county, city or borough.

Reward to

those who are drafted.

Where the party is pricked down at the

first court.

V. And for the encouragement of persons, so as aforesaid pricked down, to appear at the second court to be held as aforesaid, Be it further enacted, That every person so pricked down, who shall appear at such second court, and be drafted into the service, shall be entitled to the sum of three pounds, to be paid in manner aforesaid.

VI. And be it further enacted, by the authority aforesaid, That every person pricked down as aforesaid shall give to the sheriff, serjeant, or militia officer, appointed to bring such person before the succeeding court, sufficient security in the sum of fifty pounds for his appearance at such court, and in default thereof it shall and may be lawful for such sheriff, serjeant, or militia officer, to commit such person to the goal of the

sist the offi.

cer.

officer.

county, city or borough, there to remain, until the said succeeding court: And if any such person shall resist such sheriff, serjeant, or officer, it shall and may be lawful for him immediately to raise any number of men sufficient to apprehend such person. And every person Penalty on refusing to obey such sheriff, serjeant, or officer, for persons rethe purpose aforesaid, shall, upon conviction thereof, fusing to asbefore the next court to be held for such county, city or borough (without the formality of a jury) be fined the sum of five pounds. And if any person pricked Penalty redown as aforesaid, shall, in resisting the officer ap- sisting the pointed to apprehend him, use any fire-arms, sword, or other unlawful weapon, such person, and their aiders and abettors, shall, upon conviction thereof, before the general court of this colony, suffer death as in cases of felony, without benefit of clergy. And person or persons apprehending such offender shall, upon his conviction, be entitled to the reward of ten pounds, to be paid by the public, for every such offender. And if any person or persons shall harbour or conceal any of the persons pricked down as aforesaid, Penalty harevery such offender shall forfeit and pay the sum of bouring per five pounds to the use of the informer, and to be reco- sons pricked vered as aforesaid.

every

Reward for

apprehend. ing.

down.

drafted to

VII. And be it further enacted, by the authority Method of aforesaid, That the court, at the said succeeding court, conveying shall order the men so inlisting or drafted as afore- the men said, to be delivered to the county-lieutenant or chief the officers commanding officer of every county, city, or borough, appointed to present at such court, who is hereby required to receive receive them, and to order any captain of his militia to take them. with him so many soldiers of the said militia as such commanding officer shall think proper, and convey and deliver the persons inlisted or drafted as aforesaid to the officer or officers appointed by the governor or commander in chief of this colony for the time being to receive them: And such captain shall be allowed all necessary expences for victualling and lodging himself, the soldiers attending him, and the persons inlisted or drafted as aforesaid, so as the same shall not exceed fifteen pence per day for every man during such march; and such captain and the soldiers attending him shall moreover be entitled to the same pay as if drawn into actual service upon an invasion or insur rection. And if any such county-lieutenant or chief K-VOL. 7.

Where those pricked

down at the first court

at the se

cond.

commanding officer of the militia shall refuse to receive the persons inlisted or drafted as aforesaid, or neglect or refuse to order a captain to convey and deliver them as aforesaid, such county-lieutenant or chief commanding officer shall forfeit and pay the sum of fifty pounds: And if any captain, or any of the men appointed to attend him as aforesaid, shall refuse to obey the orders of his or their county-lieutenant or chief commanding officer, for the conveyance and delivery of the said persons inlisted or drafted, every captain so offending shall forfeit and pay the sum of fifty pounds, and every soldier failing to attend shall forfeit and pay the sum of ten pounds, which several fines shall be one half to our sovereign lord the king for the public use, and to be paid and disposed of as aforesaid, and the other moiety to the informer, to be recovered with costs, by action of debt or information, in any court of record where the same shall be cognizable.

VIII. And be it further enacted, by the authority aforesaid, That if notwithstanding the encouragement given, and the methods herein before prescribed, for fail to appear the bringing the persons pricked down at the first court to the second court, it shall so happen that all the persons so pricked down shall not appear at such second court, in order to their being drafted, the said court shall proceed to draft out of those that shall appear. And every person, not appearing as aforesaid, shall be deemed a deserter from his majesty's service, and be punished accordingly.

Where the

IX. And be it further enacted, That if the method number of prescribed by this act shall be found ineffectual for men pricked raising the number of men hereby intended to be raisdown fall ed, it shall and may be lawful to and for the officers short: appointed for that purpose by the governor or commander in chief to inlist so many men, willing to enter into the said service, as shall be sufficient to compleat that number; and every person so inlisting shall receive from the officer inlisting him the sum of five pounds; and every such officer shall be allowed, over and above such rewards paid by him, all his necessary expences in the inlisting such persons and conveying them to the place of general rendezvous.

How the

X. And be it further enacted, by the authority aforesaid, That the said one thousand two hundred and sebe formed. venty-two men shall be formed into twelve companies,

men are to

under the command of a colonel, lieutenant-colonel, major, nine captains, twenty-four lieutenants, and twelve ensigns; and there shall be allowed to the said forces a chaplain, a paymaster, three surgeons and one surgeon's mate, an adjutant, and a quarter-master.

XI. And be it further enacted, That two of the said The forces companies of the men now in the pay of this colony, how to be with one of the surgeons shall be sent to the assistance disposed. of South-Carolina; and one other company of the men so to be raised, with one other of the said surgeons, to garison the fort lately built at the expence of this colony in the Cherokee country, and seven companies shall be and remain for the defence and protection of this colony, and two other companies, to consist of the men that shall be raised by virtue of this act after the other ten companies shall be completed, shall also be sent to the assistance of South-Carolina, if it shall be thought necessary by the commanding officer of his majesty's forces in North-America.

XII. And be it further enacted, by the authority aforesaid, That so much money as shall be necessary for defraying the charge of raising, maintaining, paying, clothing, and other expences of the said officers and men, shall be paid by the treasurer of this colony for the time being, appointed as aforesaid, out of the public money that shall come to his hands by virtue of this act, to such person or persons as shall be directed by warrant under the hand of the governor or commander in chief of this colony for the time being, so that the sums so to be paid do not exceed in the whole the sum of thirty-six thousand pounds, to be accounted for to the General Assembly.

Commission ers appoint

XIII. And whereas it will be very troublesome to the governor, or commander in chief, to examine and settle the accounts of the several charges and expences ed. of the said officers and men, Be it therefore enacted, by the authority aforesaid, That William Prentis, James Cocke and Thomas Everard, gentlemen, shall be, and they are hereby appointed commissioners to examine, state and settle such accounts relating to the expences of the said officers and men, as shall from time to time be referred to them by the governor or commander in chief for the time being; and each of the said commissioners shall be allowed for their trouble therein the sum of seventy-five pounds.

Three cornpanies of

rangers to

south-western frontiers.

XIV. And be it further enacted, by the authority aforesaid, That the said treasurer shall, out of the mobe raised for ney to be raised by virtue of this act, pay to the honothe protec- rable Robert Dinwiddie, esquire, lieutenant-governor tion of the and commander in chief of this dominion, or to the commander in chief for the time being, a sum of money not exceeding six thousand pounds, to be laid out for, and in the raising and maintaining, three companies consisting of one hundred men each, with their officers, to be employed as rangers for the protection of the subjects on the south-western frontiers of this colony, as the governor or commander in chief shall direct from time to time, and shall not be sent out of this colony, or incorporated with the soldiers now in his majesty's service; and the money so received shall be accounted for to the General Assembly.

Committee.

XV. And whereas there are large arrears due to the present officers and soldiers now in the pay of this co lony, to the rangers formerly employed, and for the expences of building a fort in the Cherokee country, and to the militia that have been drawn out into actual service, and also for provisions for the said soldiers, rangers and militia, Be it further enacted, by the authority aforesaid, That so much money as shall be necessary to discharge the same, not exceeding twentyfive thousand pounds, shall be by the said treasurer paid to such person or persons as shall be from time to time directed by John Robinson, Peyton Randolph and Charles Carter, esquires, Benjamin Waller, John Chiswell, Richard Bland, James Power, William Digges, Dudley Digges, John Page, John Norton, William Harwood, George Wythe, Landon Carter. Edmund Pendleton, and Robert Carter Nicholas, gentlemen, or any five of them, with the consent and approbation of the governor or commander in chief of this dominion, for the time being.

XVI. And whereas several Indians have already A sum given for defraying come to the assistance of this colony, and more may the charges come, Be it further enacted, by the authority aforesaid, of the Indi- That for defraying the charges of such Indians there

ans.

shall be paid by the said treasurer, out of the money that shall come to his hands by virtue of this act, to such person or persons as shall be directed by warrant under the hand of the governor or commander in chief of this dominion for the time being, a sum not exceeding three thousand pounds,"