tial of his county, shall be deemed a soldier to serve in this state's quota of continental troops during the war, and shall be by order of the commanding officer of his county, delivered to some continental officer belonging to this state. And that the penalties inflicted by this act, which are cognizable before a court-martial, may be inflicted, without delay, on all offenders, the county lieutenant or commanding officer of the county where the offence is committed, on information being made him, shall cause a court-martial to be held, to hear and determine thereon, to consist of five members, not under the rank of a captain, one of whom shall be a field officer; and every officer failing to attend such court-martial, being summoned thereto, without a reasonable excuse, if a field officer, shall forfeit and pay two thousand pounds of tobacco; if a captain, one thousand five hundred pounds of tobacco, to be recovered before any court-martial; one moiety of the same to be to the informer, and the other moiety to the use of the commonwealth, to be applied as a bounty to enlist a soldier in the continental army during the war.

Person en

And be it farther enacted, That from and after the first day of April next ensuing, any person listing a sol enlisting a soldier between eighteen and fifty years of dier for the age, of able body, sound mind, at least five feet four war, exemp ted from all inches high, and not being a deserter from the enemy, further or from any corps of regular troops in the service of drafts or mi this or the United States, to serve during the war in litia duty. the troops of this state in continental service, or a soldier in any of the aforesaid troops, and delivering such soldier to a person to be authorized by the governour to receive such recruits in each county, shall be exempted from all future drafts and all musters of the militia, except in case of an insurrection or actual invasion of this state, and then shall be subject to serve within the state only. The better to authenticate the delivery of such soldier as aforesaid, the receiving officer shall grant to the party producing him, two receipts, one of which shall be transmitted to the governour, and the other kept by himself for his voucher; which last, with the governour's indorsation, certifying that a duplicate thereof hath been lodged with him, shall entitle the party enlisting such soldier to the exemption intended by this act.

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CHAP. IV..

An act for supplying the army with clothes, provisions, and waggons.

Clothing for FOR furnishing a certain supply of clothing for the the army, to army, Be it enacted by the General Assembly, That be furnished each of the following counties and corporation shall by certain furnish the number of suits of clothes annexed to each, whatpropor- and every suit shall consist of the following articles, to tion, and of wit: Two shirts of linen or cotton, one pair of overwhat to con- alls, two pair of stockings, one pair of shoes, one wool,

counties, in

gist.

furr, or felt hat, or leather cap. The articles aforesaid shall be good in their kind and quality, of which the county lieutenants or commanding officers of militia in each of the counties and the corporation respec tively, shall be judges. The county of Accomack shall furnish forty seven suits, the county of Albemarle for ty seven suits, the county of Amelia one hundred and twelve suits, the county of Augusta forty six suits, the county of Amherst thirty eight suits, the county of Bedford forty seven suits, the county of Botetourt sixteen suits, the county of Brunswick including the county of Greensville one hundred and two suits, the county of Buckingham thirty eight suits, the county of Berkeley seventy one suits, the county of Caroline ninety three suits, the county of Charles City thirty: six suits, the county of Charlotte thirty two suits, the county of Chesterfield eighty one suits, the county of Culpeper seventy four suits, the county of Cumberland thirty eight suits, the county of Dinwiddie eighty two suits, the county of Elizabeth City fourteen suits, the county of Essex fifty two suits, the county of Fairfax forty four suits, the county of Fauquier fifty five suits, the county of Frederick seventy six suits, the county of Fluvanna thirteen suits, the county of Gloucester seventy suits, the county of Goochland forty six suits, the county of Greenbrier eight suits, the county of Halifax forty suits, the county of Hampshire twenty six suits, the county of Hanover eighty seven suits, the county of Henrico fifty five suits, the county of Henry twenty nine suits, the county of James City twenty two suits, the county of Isle of Wight forty two suits,

the county of King George thirty eight suits, the county of King and Queen thirty eight suits, the county of King William fifty six suits, the county of Lancaster twenty five suits, the county of Loudoun fifty three suits, the county of Louisa forty one suits, the county of Lunenburg twenty nine suits, the county of Middlesex twenty two suits, the county of Mecklenburg fifty four suits, the county of Montgomery twenty three suits, the county of Nansemond forty two suits, the county of New Kent thirty five suits, the county of Northumberland thirty four suits, the county of Norfolk twenty seven suits, the county of Northampton thirty three suits, the county of Orange forty two suits, the county of Pittsylvania twenty suits, the county of Powhatan forty two suits, the county of Prince Edward thirty eight suits, the county of Prince George forty seven suits, the county of Princess Anne twenty five suits, the county of Prince William thirty nine suits, the county of Richmond thirty one suits, the county of Rockbridge seventeen suits, the county of Rockingham nineteen suits, the county of Southampton fifty suits, the county of Spotsylvania sixty suits, the county of Stafford forty suits, the county of Surry twenty eight suits, the county of Sussex forty suits, the county of Shenandoah twenty eight suits, the county of Warwick nine suits, the county of Westmoreland forty two suits, the county of Washington twenty three suits, the county of York twenty four suits, and the city of Williamsburg eleven suits. And be it enacted, That the four senior magistrates and the acting field officers or a majority of them in every county and corporation, shall on or before the first day of February next, meet at the court-house of the counties or corporation respectively, and lay out each county and corporation into as many districts as there are suits of clothes required from the county or corporation, taking care that the whole assessable property within the county or corporation be taken into account, and that each district shall include an equal amount thereof, as nearly as may be. Such justices and field officers shall, in each district, appoint some proper person to call upon the inhabitants of the same, to meet at some convenient place therein, within ten days after holding the court, and at the meeting of a majority of the said inhabitants, the particular contribution of each individų

Mode of furnishing the clothing for the army, in

each county.

Beef, for the army, how

furnished by

the several counties.

al towards furnishing the said clothes, may and shali be fixed and determined by a majority of those present, observing the rules of equality as near as can be according to property; and such contributions allotted to each individual shall be furnished by him or her within fifty days after such meeting and deposited in the hands of the person appointed to call the district together, who is hereby directed to receive the same and grant receipts for such contributions, which shall exonerate the person to whom they are passed for so much, and the receiver in the district shall deposit the same in the hands of the county lieutenant or commanding officer within ten days after he shall receive them, which shall exonerate such receiver. If any district shall fail to produce the clothes required from it in fifty days as aforesaid, the receiver shall let to the lowest bidder the providing of the deficiency at some publick place in the district after five days publick notice thereof, and shall levy the expense accruing upon the goods and chattels of all or any of the persons so failing, in the same manner as distress for taxes is directed by law, to be made by warrant from a justice of the peace, directed to the sheriff or constable appointed for the purpose, who shall receive the usual fees for making such distress. If the person who is such lowest bidder shall fail to produce the clothes within thirty days after his undertaking, he shall forfeit double the value thereof, to be recovered by warrant before a justice, on five days previous notice. In case a meeting of each district, or a majority, is not obtained after due notice as aforesaid within ten days, the receiver shall proceed to let the furnishing the said clothes to the lowest bidder, in like manner as if delinquency had happened after a meeting and allotment as above, and the charge of furnishing them thus incurred, shall be distrained for, and the said lowest bidder liable to be prosecuted for his failure or delinquency as above is directed.

And be it enacted by the authority aforesaid, That each of the districts so as aforesaid laid off, shall cause to be delivered to a receiver within the county or corporation, to be appointed by the governour, with advice of council, at such time and place therein as shall be notified by the governour, one good beef, weighing at least three hundred weight nett, to be judged of by two indifferent persons on oath, the charge of procur

ing and delivering which shall be apportioned among the people of the district at their said meeting, according to property as aforesaid; and in case of failure, the receiver shall let the same to the lowest bidder as in the case of clothes, and in like manner levy the expense thereof upon the district or persons. The said justices and field officers shall, within sixty five days after their first meeting, hold a court at the courthouse of the county, for the purpose of enquiring into the manner in which the several meetings shall have been appointed and held, the several allotments or contributions in the districts have been made and complied with, and in general to enquire into all and every delinquent under this act; and for this purpose the several receivers shall attend the said court, with an account of their proceedings in the respective districts; and if it shall appear that there is remaining any deficiency from the districts, or any of them, either of beef or clothes, they may order and direct the same to be made up out of any money arising from penalties hereby inflicted on persons undertaking as lowest bidders for districts or parts of districts, or by ordering such proceedings against deficient districts or persons as shall most speedily and effectually produce such deficiency, whether of clothes or beef, always regarding equality as to property. Provided always, that five days previous notice of the proceedings to be had, be given to such delinquent person or district, or a majority of the persons therein concerned, by the receiver of the district. And be it enacted, That the magistrates and field officers holding such meetings or courts may appoint a clerk to attend them, and minute their proceedings, and allow him a reasonable compensation for his service, not exceeding twenty pounds per day for each day he is employed; and the said receivers in districts shall be paid ten pounds per day for each day they shall be actually employed under this act, to be paid by the treasurer out of the publick money in his hands. The said court shall transmit to the governour, without loss of time, an exact account of the contributions of clothes and beef actually received, noting how much of each remains uncollected. A justice or field officer failing to do his duty as herein is directed, shall forfeit and pay five thousand pounds of tobacco; a sheriff, receiver, or constable, ten thousand pounds of tobacco.