the several dutics by this act required, to be collected and paid in the year next following, the time of giving such bond, respectively. And if any sheriff shall die, or be removed from his office, after having given such bond, and before the collection is made, for which such bond is given, the succeeding sheriff shall in like manner give bond and security, at the time he shall be sworn into his office, and shall collect; levy, and account for, so much of the said duties, as shall remain unpaid to the sheriff so dying or being removed, and if any sheriff shall refuse or fail to give security, according to the directions of this act, the county court is hereby empowered and required to appoint some other person to collect the duties imposed by this act, and directed to be collected by such sheriff; and the person appointed, shall give bond and security, in like manner, and shall have power and authority and is hereby required to collect, levy, and account, for the said duties in the same manner, as is directed in the case of the sheriff. And if any sheragainst sheriff or collector shall neglect or refuse to account for, iff failing to and pay the said duties according to the directions of Ꭵff this act, after deducting the several sums chargeable to persons who have no visible estate in his county, it shall and may be lawful for the general court, or the court of the county whereof he is sheriff or collector, upon a motion to them made by the treasurer, to give judgment against such sheriff or collector, and his secerity, for all the money wherewith he shall be chargeable by virtue of this act, and thereon to award execution: Provided, That such sheriff or collector have ten days previous notice of such motion.

Remedy

account.

Penalties to the king, and how re

coverable.

Directors

ty.

VI. And be it further enacted, That all the penaltics and forfeitures inflicted by this act, and not otherwise directed, shall be to our sovereign lord the king, to, and for the same uses, as the taxes imposed by this act are herein after appropriated, and shall and may be recovered with costs, by action of debt, or information, in any court of record, in this dominion.

VII. And be it further enacted by the authority afore appointed, said, That John Robinson, Peyton Randolph, Charles and their du- Carter, esquires, Carter Burwell, Benjamin Waller, John Chiswell, Richard Bland, James Power, William Digges, Dudley Digges, John Page, John Norton, William Harwood, George Wythe, Landon Carter, and Edmund Pendleton, gentlemen, or any seven

.

of them, shall from time to time with the consent and approbation of the governor, or commander in chief for the time being, direct and appoint how the said money shall be applied towards the raising, maintaining, arming and providing for so many men, to be employed for the protection of his majesty's subjects, in the frontiers of this colony, as they shall think necessary, so as that the whole number, so to be raised and employed, (including the soldiers now in the pay of this colony, the fifty men appointed to garrison. Fort Cumberland, and the three companies of rangers formerly directed to be raised) do not exceed twelve hundred men: And that the said directors, shall, as often as there shall be occasion of money, for the uses aforesaid, apply themselves to the governor, or commander in chief, to issue his warrant to the treasurer, for paying so much money, as shall be wanting for the purposes aforesaid, not exceeding the sum of thirty thousand pounds, who is hereby required to pay the same accordingly. And the said directors. shall keep an account of their proceedings, and of the several particular services, for which they shall appoint the said money to be laid out, in pursuance of this act, and lay the same before the General Assembly, when thereto required.

those who will inlist.

VIII. And for the better encouragement of persons Encourageto inlist in the service aforesaid, Be it enacted, by the ment to authority aforesaid, That every soldier inlisting in the said service, according to the intention of this act, in his person shall be protected from all process, other than for some criminal matter, and his estate privileged from all executions, attachments, and distresses, where the sum due and owing from such person so inlisting shall not exceed the sum of ten pounds current money, or two thousand pounds of tobacco, clear of the penalty of any bond, and the costs on the judg ment of any court, due and owing to one person: And morcover shall be exempted from the payment of all public, county, and parish levies, and all taxes imposed by this, or any other act during the time he shall continue a soldier, and be in actual service.

IX. And to prevent as far as may be, any unjust Remedy or fraudulent arrests, executions, or distresses, that against frau may be made upon soldiers, whereby his majesty and dulent ar the public may be deprived of their service, It is here- those inlistby further enacted by the authority aforesaid, That no ed.

rests, on

person who shall inlist, and enter himself as a volunteer, in his majesty's service as a soldier, according to the directions and intent of this act, shall be liable to be taken out of his majesty's service, by any process or execution whatsoever, other than for some criminal matter, neither shall any attachment, execution, or distress be made on their estates, unless for a real debt or other just cause of action, and unless before the taking out of such process, execution, attachment, or distress made, the plaintiff or plaintiffs therein, or landlord, or some other person or persons, on his or their behalf, shall make affidavit before the clerk of the court, out of which such process or execution shall issue, or before some justice of the peace of the county (who are hereby authorized to administer such oath) that to his or their knowledge, the sum justly due and owing to the plaintiff or plaintiffs. landlord or landlords, from the defendant or defendants, tenant or tenants, in the action or cause of action, on which such process shall issue, or the debt for which such execution or attachment shall be issued out, or distress made, amounts to the value of ten pounds, or two thousand pounds of tobacco at least, over aud above the penalty, and all costs of suit in the same action, or in any other action on which the same shall be grounded, or that such defendant or defendants, is about to remove his or their estate or estates, out of this colony, a meinorandum of which oath shall be marked on the back of such process, execution, or attachment, by the clerk or justice, without fee or reward; and also the landlord before any distress shall be made, shall deliver such affidavit to the officer, who is to make the same. And if any person shall be, nevertheless, arrested, or his goods or effects, taken in execution, attached or distrained, contrary to the intent of this act, it shall and may be lawful, for two or more justices of the county where such process shall issue, or distress be made, on complaint made thereof by the party himself, or by any his superior officers, or any of his friends to examine into the same by the oath of the parties, or otherwise, and by warrant under their hands and seals, to discharge such soldier so arrested, or his goods and effects, taken in execution, attached or distrained, contrary to the intent of this act, without paying any fee or fees upon due proof made before them, that such soldier so ar

rested, was legally inlisted as a soldier, and arrested,

or his goods or effects taken in execution, attached or distrained, contrary to this act:

X. Provided also, and be it enacted by the authority No advan aforesaid, That no person inlisted as a soldier, his tage shall be executors or administrators, shall take any advantage taken of the of the limitation of time, in delivering any article, or act of limitation by those commencing any action against them for the recover- exempted ing any debt by him or them due or owing to any from arrests. person whatsoever, in respect of the time such debtor shall be privileged under this act: And in case the said number of men cannot be raised, by such as will voluntarily inlist in the said service within three months, after the passing this act, it shall and may be lawful, for the field officers and captains of the militia, of each of the counties in this colony, or the major part of them, by direction from the governor, to draft out of Militia to be the militia of their counties, respectively, such and drafted. so many of their militia, who have not wives or children, as will make up the said number, to be employed in the said service, who shall be entituled to the same privileges, exemptions, and pay, as if they had voluntarily inlisted themselves: And if any person so drafted, shall refuse to serve accordingly, or find and provide some other able person to serve in his room, every person so refusing shall forfeit and pay the sum of ten pounds to our sovereign lord the king, to the same uses as the several taxes hereby laid are appropriated, and in case of failure in paying down the same, to such officer (to be by him accounted for, and paid to the treasurer, as aforesaid) or giving sufficient security for the payment of the same on the tenth day of April next, that then such person shall by warrant from any justice of the peace of the county, be committed to goal, there to remain until he shall agree to enter into the said service, or provide another as aforesaid, or pay or give security for the penalty, as aforesaid.

the service to be sup

XI. And be it further enacted, by the authority afore- Persons said, That if any person or persons inlisted or draft- maimed in ed by virtue of this act, shall be so maimed or wounded, as to be rendered incapable of maintaining them- ported by salves, they shall upon their return, be supported at the public. the public expence. And whereas the officers and private soldiers of the forces levied in this colony, have in the late engagement on the Monongahela, behaved gallantly, and sustained great losses thereby;

Reward to

the officers

ment.

XII. Be it enacted by the authority aforesaid, That the treasurer be impowered and required, out of the and private money raised or to be raised, for the protection of men, who behaved gal- his majesty's subjects in the frontiers of this colony, lantly in the to pay to colonel George Washington, the sum of three late engage- hundred pounds, to Adam Stephen, Thomas Waggoner, and Robert Stewart, captains, seventy five pounds each; to William Bronaugh, Walter Stewart, Hector MacNeal, and Henry Woodward, lieutenants, and to James Craig, surgeon, thirty pounds each; and to each of the private men, who were in the said engage. ment and survived, and continue in the service, five pounds over and above their wages, as a reward and compensation, for their gallant behaviour and losses. And whereas the public magazine stands exposed to the designs of evil minded persons,

Directors

treat and

XIII. Be it further enacted, by the authority aforesaid, That Peyton Randolph, esquire, Carter Burappointed to well, John Chiswell, Benjamin Waller, and James agree with Power, gentlemen, or any three of them, be, and are workmen to hereby appointed directors, to treat and agree with build a wall workmen, to erect a high and strong brick wall, to

round the

magazine.

Treasury notes to be emitted.

inclose the said magazine, and to build a guard house convenient thereto. And that the said directors apply to the governor, to issue his warrant to the treasurer of this colony, for the payment of such sums of money, as they shall from time to time have occasion for, for the purposes aforesaid, and account for the same to the General Assembly, when the said work shall be finished. And whereas by reason of the long time allowed, for collecting the duties imposed by this act, (which from the distressed circumstances of the people, and the great scarcity of gold and silver coin in this colony, could not be sooner done) the said daties will not be collected in time to answer the pur poses hereby intended:

XIV. Be it therefore enacted, That it shall and may be lawful for the said John Robinson, treasurer, or the treasurer for this colony, for the time being, ap pointed as aforesaid to issue or emit at any time or times, before the first day of August next ensuing, and not after, in such proportions, as he shall find necessary, to answer the demands that shall be made upon him, for the purposes aforesaid, or for the reward allowed by law for Indian enemies, killed or taken prisoners, any number of treasury notes, so as