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Horses, how $urnished.

of a lieutenant of infantry; quarter master's serjeant, 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 farther enacted, That if any person so finding a horse, 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

Waggons provided.

Pay for waggons.

Bounty.

Money advanced.

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 attend the
troops is indispensable, and it having been found by
experience that they cannot be obtained in sufficient
numbers, without power to impress the same; Be it e-
nacted 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 of the
army, as many waggons as the nature of the service
may, in the opinion of the governour and council, de-
mand; 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 assem-
bly to be paid to the militia that lately served in South
Carolina may be paid in a manner most agreeable to
the respective claimants; Be it enacted, That every per-
son entitled to receive 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 boun:
ty of forty pounds, or in lieu thereof, three bushels of -
salt, which the governour and council will provide for
the purpose aforesaid. * -
And whereas it may be necessary, that some money

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 tor

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 them, shall, without delay, determine on such and so many divisions of the militia whose tour of duty renders it

Officers to allot the militia for service.

their turn to serve, and as shall be sufficient to com

plete the quota of the county directed by this act. And if any officer shall refuse to act, not having a reasonable excuse, when ordered into service, according to his tour of duty or shall endeavour to dissuade or prevent any other officer or soldier from engaging or entering 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 or soldier shall fail to attend when summoned, not having 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 shall be convicted after due summons of all or any of these offences before a court martial, to be held at the usual 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 lieuten-
ant 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 thou-
sand pounds of tobacco, and every captain three thou-
sand 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.
And whereas it is just and reasonable, that the fami-
lies of such poor men as are called into service by this
act, should have some temporary provision made for
Vol. x. D 2

Fines on officers and privates, for various delinquencies.

Refusing to march.

Mutiny and desertion.

Provisionfor families of poor perSons called into service, (Chan. Rev. p. 120.]

Preamble.

. See ante p.

their support, during the absence of their husbands or 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 allowance 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 county 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 émpowered to draw upon the commissioners of any neighbouring county for the corn they may want, to be transported at the publick expense, and such expense paid by the treasurer after being audited according to law.

CHAP. li.

An aet to secure to the publick certain lands heretofore held as common.

I. WHEREAs certain unappropriated lands on the bay, sea, and river shores, in the eastern parts of this

commonwealth, have been heretofore reserved as com

mon to all the citizens thereof, and whereas by the act of general assembly entitled “An act for establishing a land office, and ascertaining the terms and manner of granting waste and unappropriated lands,” no re

servation 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 bay of Chesthe sea shore, or on the shores of any river or creek ... in the eastern parts of this commonwealth, which have shores of ris. remained ungranted by the former government, and vers and which have been used as common to all the good peo- :*:::: ple thereof, shall be, and the same are hereby except- a.m. 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 granted. consequence of any survey already made, or which may hereafter be made, shall be valid or effectual in

law, to pass any estate or interest therein,

CHAP. III.

An act repealing part of the act enti- (chan.Rev. tled an act for sequestering British P. * property, enabling those indebted to British subjects to pay off such debts, and directing the proceedings in suits, where such subjects are parties.

1. BE it enacted by the General Assembly, That so so much of much of the act passed in the year one thousand seven act for se. hundred and seventy seven, entitled “An act for se- questering

e to e o e e British proquestering British property, enabling those indebted ... ." to British subjects to pay off such debts, and directing sailows the proceedings in suits, where such subjects are par- . to ties,” as enables persons owing money to a subject of ..., 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.

*CHAP. IV.

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 assemjoo bly, that the courthouse in the town of Fredericksburg to be held at - © to house of and county of Spotsylvania, is rendered unfit for holdJohn Holla- ing courts in; Be it therefore enacted, That the justiday. ces of the peace in the said county shall, from and af. ter 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.

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* An act to empower the sheriff of Henrico to summon a grand.jury, and for eacplaining the several acts of assembly respecting the wages of the members of the general assem

bly.

Sheriff of I. BE it enacted by the General Assembly, That Henrico to the sheriff of Henrico county shall before every sestoo, sion of the general court, so long as the same may or general continue to be held in the said county, summon a grand Court. jury of twenty four freeholders, either within or withof . out his county to attend the said court, any sixteen of whom appearing, shall be a sufficient number, And the said sheriff or his deputies, shall also perform the §ame 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.

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