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of a lieutenant of infantry; quarter master's serjeanf, Serjeants, twelve pounds and an half of tobacco each, and one ration; corporals ten pounds of tobacco and one ration each; and each private horseman, ten pounds of tobacco, and one ration per day; that they rendezvous .at Petersburg in Virginia without delay, there to be equipt with the proper furniture. And be it far
Tma 5°W thtr enacted, That if any person so finding a horse, Mirmsnecl, in* • • • i i i« i • • i j
shall lose him in the publick service, without any default of the loser, that in such case, the owner shall be paid by the publick for his horse so lost* And if so many as fifty men of the above drafts cannot be found willing to furnish a horse each, that then any number of volunteers that shall be willing to find horses, be received in the corps aforesaid, and entitled to the same pay and other emoluments as the rest of the troop* And whereas the necessity of waggons to attertd the
Waggons troops is indispensable, and it having been found by
provided. ". ."' & /*-•*
experience that they cannot be obtained in sufficient
numbers, without power to impress the same; Be it enacted by the authority aforesaid, That it shall and may be lawful for the governour, with the advice of council, to authorize any quarter master to impress and take into the publick service, for the use off the army, as many waggons as the nature of the service may, in the opinion of the governour and council, demand; and that for every waggon, team, and driver, so impressed, shall be paid fifty pounds of tobacco per day, and be found as usual. And to the end that the bounty heretofore directed by the general assembly to be paid to the militia that lately served in South Carolina may be paid in a manner most agreeable to B the respective claimants; Be it enacted, That every per
t oui.uy. so^ entit(e(j to recejve a bounty of forty pounds, under a resolve of the assembly, passed at the last session, shall have his option, either to receive the said bounty of forty pounds, or in lieu thereof, three bushels of salt, which the governour and council will provide for the purpose aforesaidMoney ad- And whereas it may be necessary, that some money vanced. be paid in advance to the militia hereby called into service; Be it enacted, That the sum of fifty pounds be advanced to every soldier at the place of rendez* Vous, to be hereafter deducted from his pay, at the rate of twelve shillings per pound, for every pound of to« bacco that shall be due. And be it farther enacted!,That the county lieutenant, or next commanding officer of each respective county, with five other officers, not below the rank of captain, or a majority of thencij vice. shall, without delay, determine on such and so .many divisions of the militia whose tour of duty renders it their turn to serve, and as shall be sufficient to complete the quota of the county directed by this act. And if any officer shall refuse to act, not having a reason- Fines on able excuse, when ordered into service, according to officers and his tour of duty or shall endeavour to dissuade or pre- ^Hou^de^ vent any other officer or soldier from engaging or en- linquencies. tering into such actual service; such officer so offending shail be cashiered, and moreover shall be turned into the ranks and serve as a common soldier during the time the detachment to which he belongs shall continue in service. If any non-commissioned officer Refusing to or soldier shall fail to attend when summoned, not ha- march. ving a just and reasonable excuse, or refuse to march when ordered into actual service according to his tour of duty, or find an able bodied man in his room, or shall while in service, mutiny or desert, and thereof Mutiny and shall be convicted after due summons of all or any of desertion, these offences before a court martial, to be held at the usaal place in the county, by the lieutenant or chief commanding officer, with the field officers and captains, or a majority of them, within ten days after the day appointed for marching such militia from the county, such offender shall serve as a regular soldier in the troops of the state eight months, and by order of such court martial, be delivered over to a recruiting officer for that purpose, to be appointed by the governour. And be it farther enacted, That if any county lieutenant or other officer, shall neglect or refuse to summon a court martial as is herein before directed for fixing on the divisions whose turn it may be to serve, or shall fail to discharge the duties by this act enjoined; every field officer so offending, shall forfeit and pay five thousand pounds of tobacco, and every captain three thousand pounds of tobacco, to be recovered with costs, by bill, plaint, or information in any court of record, giving ten days previous notice to such offender. Proyisionfot
And whereas it is just and reasonable, that the famj- f^liese°f lies of such poor men as are called into service by this £ons c£ned act, should have some temporary provision made fpr into service,
Vol. x. D 2
their support, during the absence of their husbands 6? friends, Be it enacted by the authority aforesaid, That the commissioners of the taxes in the several counties herein before named, are hereby authorized and required, upon application to them made for such provision as aforesaid, that they, or a majority, do direct a reasonable quantity of corn or other grain to be delivered to such poor families from the publick magazines of grain, collected by a certain act of assembly entitled "An act for laying a tax, payable in certain enumerated commodities," provided that such allow-* ance do not exceed that which is granted in similar cases, by an act entitled "An act to repeal so much of the several acts of assembly which empowers the epunty courts to make provision for the support of the wives, parents, and families of the soldiers of this state in the service of this commonwealth, or in the service of the United States, and for other purposes." And that where the grain in any county so making provision shall be exhausted, the commissioners of the tax for such county, be empowered to draw upon the commissioners of any neighbouring county for the com they may want, to be transported at the publick expense, and such expense paid by the treasurer after being audited according to law.
[Chan. Rev. An act to secure to the publick certain p,12° i lands heretofore held as common.
Preamble. *• WHEREAS certain unappropriated lands on the bay, sea, and river shores, in the eastern parts of this commonwealth, have been heretofore reserved as common to all the citizens thereof, and whereas by the act t p of general assembly entitled "An act for establishing
5eean p' aland office, and ascertaining the terms and manner of granting waste and unappropriated lands," no reservation thereof is made, but the same is now subject to be entered for and appropriated by any person or persons; whereby the benefits formerly derived to the publick therefrom, will be monopolized by a few individuals, and the poor laid under contribution for exercising the accustomed privilege of fishing: Be it therefore enacted by the General Assembly, That all Lands on the unappropriated lands on the bay of Chesapeake, on bayqf Chesthe sea shore, or on the shores of any river or creek g^shore^or in the eastern parts of this commonwealth, which have shores of piremained ungranted by the former government, and vers and which have been used as common to all the good peo- tofor^'held pie thereof, shall be, and the same are hereby except- as common, ed out of the said recited act, and no grant issued by not to be the register of the land office for the same, either in consequence of any survey already made, or which may hereafter be made, shall be valid or effectual in Jaw, to pass any estate or, interest therein,
An act repealing part of the act enti- [Chan.
» 1. J?E it enacted by the General Assembly, That so So much of the act passed in the year one thousand seven act for sehundred and seventy seven, entitled "An act for se- gu.e?t^rin| questering British property, enabling those indebted p<^ '££'• to British subjects to pay off such debts, and directing as allows the proceedings in suits, where such subjects are par- debtors to ties," as enables persons owing money to a subject of JJebts foto Great Britain to pay the same, or any part thereof in- the treasury to the publick loan office, and obtain certificate of such repealed, payment in the name of the creditor* shall be, and the same is hereby repealed.
An act to empower the justices of Spotsylvania county to hold courts in the house of John Holladay.
Court of WHEREAS it is represented to this general assemSpotgylvania ^j^ tnat tne courthouse in the town of Fredericksburg house of an(^ county of Spotsylvania, is rendered unfit for holdJohn Holla- ing courts in; Be it therefore enacted, That the justify- ces of the peace in the said county shall, from and after the passing of this act, hold their sessions at the house of John Holladay, until the new courthouse now building in the said county shall be completed.
emPower the sheri^ of Henri co to summon a gr(mdyitryr and for ex^lmnmg the semrwl acts: of assembly respecting the wages of the members of the general assembly.
Sheriff of I. BE it enacted by the General Assembly, That
Heurico to the sheriff of Henrico county shall before every ses
f^Tiury 8*on ^f tne general court, so long as the same may
ftrgeneral continue to be held in the said county, summon a grand
cjpurt. jury of twenty four freeholders, either within or with
put his county to attend the said court, any sixteen of
trhom appearing, shall be a sufficient number, And
the said sheriff or his deputies, shall also perform the
same services to the several superiour courts to be held
in the said county, as the sheriffs of the counties of
York and James City have heretofore discharged,