The court martial.

not exceeding seven shillings and six pence, which fine shall be immediately paid down to such officer; but in case any such offender shall not be able to pay down such fine immediately, then he shall give good security to such officer, for the payment of the same in three months. And in case any soldier so fined, as aforesaid, shall refuse or fail to pay down his fine, or to give such security for paying the same as aforesaid, then it shall and may be lawful, for such officer. and he is hereby impowered by warrant under his hands, to commit every such soldier to the county goal, there to remain without bail or mainprize, for any time not exceeding three days, and the offender or of fenders so committed, shall not be thence discharged, until the lawful fees for commitment, imprisonment, and discharge, shall be fully paid and satisfied. And every captain, or in his absence the lieutenant, shall duly make a list of all the persons upon his musterroil, who shall be summoned, and do not appear at any of the said musters armed and accoutred, as by this act is directed, and return the same with the names of ali officers, who shall be absent to the next court martial: And every captain shall have power to appoint a clerk to his troop or company, who shall keep the muster-rolls, and attend all musters with the same, and such clerk shall be exempted from mustering but shall appear with arms at all such musters. And further, it shall and may be lawful, for the lieutenant, or other chief officer of the militia in the county, to order all soldiers listed therein, to go armed to their respective parish churches.

IX. And be it further enacted, by the authority aforesaid, That it shall and may be lawful for the field officers and captains of every county, or the major part of them, whereof the county lieutenant, colonel, lieutenant colonel, or major, shall be one, and they are hereby required to meet at the court-house of their counties, respectively, the day next following the general muster in September, every year, if fair, if not, the next fair day, then and there to hold a court martial, which court shall have power to adjourn from day to day, and to enquire of the age and abilities of all persons listed, and to exempt such as they shall adjudge incapable of service, and of all delinquents returned by the captains, for absence from musters, or appearing without arms and accoutrements. And where any

person is returned a delinquent to a court martial, and shall not be able by reason of sickness, or other real disability to attend such court, to give in his reasonable excuse for such delinquency; it shall and may be lawful, for the succeeding court martial, to be held for such county, city or borough, wherein such person shall be returned a delinquent, upon such reasonable excuse then offered, to remit such fine or fines, levied by the preceeding court martial on such person: And such court shall and may, and they are hereby impowered to administer an oath or oaths, to any person or persons, for their better information in the premisses, and to order the fines inflicted by this act, not otherwise directed, to be levied upon all delinquents who shall not make out some just excuse, for not performing their duty, and to order and dispose of all such fines, for buying drums, trumpets and trophies for the use of the militia of the county, and for supplying the militia of the said county with arms. And the said courts shall have full power, and are hereby required to keep a register of all their proceedings, and for that purpose to appoint a clerk, and to allow him such salary for his service, out of the said fines, as they in their discretion shall think reasonable: And after the holding of every such court, the clerk shall make out copies of all their orders, and deliver the same within one month next following the said court to the sheriff of the county, who is hereby required to demand and receive the money or tobacco therein charged, of the persons made chargeable therewith, and in case of nonpayment, on or before the tenth day of April, then next following, to levy the same by distress and sale of the goods of the person refusing according to the directions of the laws now in force, enabling the sale of goods distrained for rent; and where any delinquent shall remove out of the county, before he hath paid and satisfied all fines laid on him, in pursuance of this act, and shall not leave sufficient effects in the county, to satisfy the same, then the said clerk shall send copies of the said court's orders against such delinquents to the sheriff of the county, into which he or they shall be removed, and such sheriff is hereby impowered and required to collect, levy and account for the same, in the manner herein before directed.

X. And be it further enacte!, by the authority afore- Penalties. said, That the several persous hereafter mentioned,

failing to do their duty, in the manner by this act directed, shall forfeit and pay the several sums following, respectively; that is to say, the lieutenant of any county or the chief commanding officer there, failing to appoint a general muster, in the month of March, and another in the month of September, in every year, not having a reasonable excuse, shall for every such failure, forfeit and pay the sum of twenty pounds; every county lientenant, colonel, lieutenant colonel and major failing to appear at every such general muster, or at the court martial, shall forfeit and pay ten pounds for every such failure; every captain who shall fail to muster and exercise his troop or company, four times a year, or oftner if thereto required, shall forfeit and pay forty shillings, for every time he shall so fail to muster and exercise; and every captain failing to appear at every general muster and court martial, shall forfeit and pay five pounds, for every such failure; every lieutenant who shall fail to appear at any muster, shall forfeit and pay twenty shillings, for every such failure; and every coronet and ensign ten shillings, for every such failure; and every captain, or in his absence the lieutenant, failing to return a list of the persons who shall not appear at musters, or shall appear without arms and accoutrements, shall forfeit and pay ten pounds, for every such failure; every clerk failing to appear with arms shall pay ten shillings, for every such failure; every soldier refusing to serve as a serjeant, corporal, drummer or trumpeter, being thereunto required by his captain, shall pay five shillings, for every muster that he shall so refuse; every person inlisted to serve in the horse, appearing at muster without a serviceable horse, with a good saddle, breast-plate, crupper and curb-bridle, carbine and bucket, shall pay five shillings, for every such failure: and such persons appearing at muster as aforesaid, without holsters, a case of pistols, cutting-sword, double cartouch-boxes, and six charges of powder and ball shall pay five shillings, for every such failure; and every person listed to serve in the foot, appearing at such muster without a firelock well fixed, and a bayonet fitted to the same, shall pay three shillings, for every such failure; and every such person appearing at such muster, as aforesaid, without a cutting-sword, a double cartouch-box, and three charges of powder and ball shall pay three shillings, for every such failure:

and every soldier, either of the horse or foot, failing to appear at such muster, shall forfeit and pay ten shillings, for every such failure. Provided, That no person be fined above six times in the year for any particular default; every soldier ordered to go armed to church, neglecting so to do, shall pay five shillings, for every such failure; and every clerk of a court martial failing to deliver the orders of the court martial to the sheriff or sheriffs, within the time before limited, shall forfeit and pay fifty pounds.

Officers how to be armed

XI. And be it further enacted, by the authority aforesaid, That every officer of the militia within this co lony, shall at all times that he acts on duty, at any at musters. private or general muster appear well armed in the following manner, that is to say, every county lieutenant, colonel, lieutenant colonel, major, captain, and lieutenant of the horse, with a cutting sword and one horse equipt, with holsters and pistols well fixed; evcry colonel, lieutenant colonel, major, captain, and lieutenant of the foot, with a half pike or partisan, and a cutting-sword; every cornet of horse with a cuttingsword and holsters, and pistols well fixed; every ensign with a cutting sword; every corporal and serJeant with a cutting sword and halbert, under the penalty of ten shillings, for every time that every such officer shall appear without such arms. All which fines shall be levied by the court martial, directed to be held by this act, in such county, city or borough, wherein such officers shall act as an officer, and be appropriated to the same uses, as is before directed, for the appropriation of the fines levied on the soldiers of the militia appearing unarmed:

arms.

XH. Provided nevertheless, That every such officer The time alshall have twelve months allowed him after his promo- lowed to protion to such office, for the furnishing the arms, as afore. vide such said, but in the mean time shall appear with such of the said arms, as he already hath. And the same fines and penalties shall be paid by the officers and soldiers of the militia, in the city of Williamsburg, and borough of Norfolk, in case of their failing or refusing to do, and perform the several services, and to appear armed and accoutred in the same manner, as is by this act required, of the officers and soldiers of the militia, of the several counties:

XIII. Provided also, and it is hereby enacted, That The time altwelve months time be given and allowed to each sol- lowed sol

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diers to fur dier, to furnish and provide himself with arms and

nish them

selves with

arms.

Arms ex

executions,

&c.

amanition, according to the directions of this act, and that no soldier be fined for appearing without, or not having the same at his place of abode, until he hath been inlisted twelve months, as aforesaid, so as such soldier do appear at all musters, during the said twelve months, with such arms as he hath, and is already furnished with: And if any soldier shall appear at any muster not armed and accoutred, according to the directions of this act, it shall and may be lawful, for the captain of the troop or company to which such soldier shall belong, to examine such soldier upon oath, whether he hath any, and what arms and ammunition he really hath of his own property, and if on such examination it shall appear, that such soldier hath any arms or ammunition of his own property, and bath not brought the same, or so much thereof, as this act requires, to such muster, he shall be liable to the penalties inflicted by this act, although he hath not been inlisted twelve months; and where any person inlisted pursuant to this act in any county, shall remove to another county, the time for furnishing himself with arms and ammunition shall commence from the time of his being first inlisted in the county, from whence he removed. And for an encouragement to every soldier to provide and furnish himself according to the directions of this act and his security to keep his arms and an.munition when provided:

XIV. Be it further enacted by the authority aforesaid, empted from That the furniture, arms and ammunition, provided and kept in pursuance of this act, be free and exempted at all times from being impressed upon any account whatsoever; and likewise, from being seised or taken by any manner of distress, attachment or writ of execution, and that every distress, seisure or execution, made or served, upon any of the premises, be unlawful and void, and that the officer or person who presumes to make or serve the same, be liable to the suit of the party grieved, wherein double damages shall be given upon a recovery, and every person going to, attending at, or returning from muster, shall be privileged and exempted from arrests, and from being served with any other process, in any civil action or suit.

No exempt

XV. And be it further enacted, by the authority aforesaid, That if any exempted overseer or miller, shall or miller to presume to appear at any muster, or in any muster

ed overseer