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er to sit by virtue of this act, shall consist of a less of nine at number than nine, whereof none to be under the de- the least. gree of a commission officer; and that such court martial shall have power and authority, and are hereby required to administer an oath to every witness, in order tu the examination or trial of any of the offences that shall come before them:

V. Provided always, That in all trials of offenders Members of by general courts martial, to be held by virtue of this such court act, every officer present at such trial, before any pro

to take the

following ceedings be had thereupon, shall take the following oaths. oaths upon the evangelists, which shall be first administered to the presiding officers by the rest of the members present at such courts martial, and then by the presiding officer to them, in these words, (that is to say.)

You shall well and truly try and determine, according to your evidence in the matter now before you, between our sovereign lord the king's majesty, and the prisoner to be tried.-So help you God.

TA. B. do swear, that I will duly administer justice, according to the rules and articles, for the better government of his majesty's forces, and according to an act of Assembly, intituled, An act to amend an act, intituled, An act for annending an act, intituled, An act for making provision against invasions and insurrections, without partiality, favor, or affection; and if any doubt shall arise which is not explained by the said articles or act of Assembly, according to my conscience, the best of my understanding, and the custom of war in the like cases: And I further swear, that I will not divulge the sentence of the court until it shall be approved by the governor, or commander in chief, for the time being; neither will I upon any account at any time whatsoever, disclose or discover the vote or opinion of any particular member of the court martial, unless required to give evidence thereof as a witness by a court of justice, in a due course of law.-So help me God. And that such court martial shall have power to ap- Clerk to be point a clerk, to keep a register of their proceedings, appointed by to whom the president of the court shall administer the court. the following oath, to wit:

You shall swear, that you will not upon any account, Iis oath. at any time whatsoever, disclose or discover the vote or opinion of any particular meniber of the court mar

V y v-Vol. 6.

tence.

tial, unless required to give evidence thereof as a wit

ness, by a court of justice, in a due course of law. What num

And no sentence of death shall be given against any ber must con-offender in such case, by any general court martial, cur in sen

unless six officers present shall concur therein; and if

there be more officers present than nine, then the judz. Within what ment shall pass by the concurren«e of two thirds of hours the tri- the officers present, and no proceeding or trial shall al must be

be had upon any offenre, but between the bours of eight of the clock in the morning, and three in the

afternoon, except in cases which require an immedi. Party tried ate example: Provided always, That the party tried copy of his by any general court martial in this colony, shall be sentence, &c. entitled to a copy of the sentence and proceedings of

such court martial, upon demand thereof made by himself, or by any other person or persons on his behalf, (he or they paying reasonably for the same) at any time not sooner than five days after such sentence, whether such sentence be approved or not, any thing

in this act to the contrary notwithstanding. A transcript VI. Provided also, and be it enacted by the authority of the proc. aforesaid, That the president and other officers acting ceedings to be sent to

as members of any such court martial do, and they the govern- are hereby required to transmit with as much expeor, and exe- dition, as the opportunity of time and distance of place cution suspended till

can admit, a transcript of the proceedin..s, and senthe govern- tence of such court martial, under their hands and or's pleasure seals to the governor, or commander in chief, for the be known.

time being; and that execution of all and every such sentence and judgment shall be suspended until the pleasure of the governor, or commander in chief, for the time being, be known, who if he thinks proper, is hereby desired to issue his warrant under the seal of the colony, for putting such sentence or judgment into execution, and to transmit the same the presid ing officer at such court martial. And whereas several soldiers after being enlisted, do desert, and are often found wandering or otherwise absenting them

selves illegally from the service aforesaid: Power ofma

VII. Be it enacted by the authority aforesaid, That gistrates to it shall and may be lawful to and for all magistrates, apprehend officers, and others, who shall have reasonable cause deserters.

to suspect any man to be such a deserter, to apprehend or cause him to be apprehended, and to cause such person to be brought before any justice of the peace of the said county, who hath hereby power to

examine such suspected person, and if by his confession, or by the testimony of one or more witness or witnesses upon oath, or by the knowledge of the justice of the peace, it shall appear or be found that such suspected person is an enlisted soldier, and ought to be with the troop or company to which he belongs, such justice shall issue his warrant to the next constable, requiring bim to receive such deserter, and him to convey and deliver to the next constable, and su from constable to constable, until such deserter be delivered to the commanding officer of the troop or company to which he belongs; and every constable to whom such deserter and warrant shall be produced, shall execute the same, and give a receipt upon the delivery of the deserter to him under the penalty of ful friting five hundr .d pounds of tobacco, recoverable before any justice of the peace, to the use of the inforiner.

VIII. And be it further enacted, by the authority afore- Constables sard, That every constable charged with the conduct- such deser

charged with ing any deserter, shall be, and is hereby impowered tera may imto impress men and horses where necessary, for the press men safe conveying the deserter or deserters wherewith and horses. he stands charged; and if such constable shall suffer such deserter to escape, he shall forfrit and pay five penalty to hundred pounds of tobacco, to the use of the informer, suffer ihem to be recovered in the manner herein before mention, to escape. ed. And for the better encouragement of any person or persons to secure or apprehend such deserters, as aforesaid:

IX. Be it further enacted, by the authority aforesaid, EncourageThat such justice of the peace shall give him or them ment to pera certificate thereof, and the taker up shall be entitled sons to take to two hundred pounds of tobacco, to be levied on the

up deserters. public: Provided always. That if any person shall Penalty to harbor, conceal, or assist any deserter from the troops, harbor or which now are or hereafter shall be in the pay of this deal with colony, knowing him to be sucli, or if any person shall

them for

their arms knowingly buy or exchange, or otherwise receive any or cloaths. arms or cloaths from any soldier or deserter, on any pretence whatsoever, the person so offending, shall forfeit for every such offence, the sum of twenty pounds, and upon conviction by the oath of one or more cred

How reco. ible witness or witnesses, before any justice of the

erable. peace in the county where the offence shall be committed, the said penalties shall be lovied by warrant,

under the hand of the said justice of the peace, by distress and sale of the goods and chattels of the offender, to be paid to the informer.

X. And be it further enacted, That if any action, General issue may be bill, plaint, or suit, shall be brought against any per. plead and son or persons for any act, matter or thing to be actthe special ed or done, pursuant to this act, that it shall and may matter g.ven be lawful, for all or any person or persons sued as in evidence.

aforesaid, to plead thereunto the general issue, and to give snch special matter in evidence to the jury, who shall try the issue, which special matter if pleaded had been a good and sufficient matter in law, to have discharged the defendant or defendants of the tres

pass or other matter laid to his or their charge. Repealing XI. And be it further enacted, by the authority afore

said, That so much of the said act as is contrary to this act, shall be, and is hereby repealed.

XII. And be it further enacted, by the authority afore. Continu

said, That this act shall continue and be in force for and during the space of one year, and no longer.

clause.

ance.

CHAP. II.

An Act to amend an act, intituled, An Act

for preventing and repelling the hostile incursions of the Indians, at enmity with the inhabitants of this colony.

Preamble

I. WHEREAS by an act passed at the former session of this present General Assembly, intituled, An act for preventing and repelling the hostile incursions of the Indians, at enmity with the inhabitants of this colony, it stands enactel, That the sum of ten pounds shall be paid by the treasurer of this colony, out of the public money in his hands, to any person or persons. party or partics, either in the pay of this colony or other inhabitants thereof, for every male Indian enemy, above the age of twelve years, by him or them taken prisoner, killed or destroyed within the limits of this colony, at any time within the space of two

tion discon

years, after the end of the said session of Assembly. And whereas the said act would prove more beneficial in case our friendly Indians had been entitled to the rewards therein mentioned;

li. Be it therefore enacted, by the Lieutenant-Governor, Indians in Council, and burgessess, of this présent General Assem- amity with bly, and it is hereby enacted, by the authority of the same, entitled to That the sum of ten pounds shall be likewise paid by the reward the treasurer of this colony, to any Indian or Indians for killing, in friendship and amity with the inhabitants of this &c an In

dian enemy colony, for every male indian enemy, above the age of twelve years, by him or them taken prisoner, killed or destroyed, within the limits of this colony, at any time within the space of one year, after the end of this session of Assembly:

111. Provided, That in case the present hostilities When the shall cease, within the said one year, and the govern- tilities cease, or, or commander in chief of this colony, with the ad governor, vice and consent of the council, shall by proclamation &c. may by signify the same, and direct the said reward to be dis- proclamacontinued, then the said reward shall immediately af- tinue the reter publishing the said proclamation, cease, and be ward. discontinued accordingly. And to entitle our said friendly indians, to the said reward:

IV. Be it further enacted by the authority aforesaid, low our? That every indian enemy, so to be taken by our friend friendly Inly Indians or any of them, shall be delivered to the become enkeeper of the public goal in the city of Williamsburg, titled to the to be by him safely kept, until discharged by the go- reward. vernor, or commander in chief of this colony; and the scalp of every Indian so to be killed or destroyed by our friendly Indians, as aforesaid, shall be produced to the governor, or commander in chief, by the Indian or Indians, killing or destroying such Indian enemy, and he or they shall give suflicient satisfaction of the time and place of his or their taking prisoner, killing or destroying such Indian enemy, to the governor, commander in chief, who is thereupon desired to issue his warrant to the treasurer, for paying the reward aforesaid: And the governor is hereby desired to notify this act to the neighbouring Indians, under the protection of, or in alliance with his majesty, as soon as conveniently may be.

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