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iaclnnent to which 'he belongs, without a reasonable e&ease; or produce an able-bodied substitute to serve a Fai^n£ to in his room (but no person shall be admitted as a sub- rendezvous, stitqte except he belongs to the militia of the same when ordercotinty, and ifit shall come to such substitute's tour of ed to march, duty before he returns, then the person employ ing him sUtutefde-" shall be obliged to serve in his room or procure a se- clared %recojjd substitute) shall, upon conviction before a court- platsoldlef martial; be declared a regular soldier for six months, or montli^ and shall, by order of such court-martial j be delivered jjuieg asto to.a continental officer for that purpose, who shall give substitutes. to the officer delivering him a receipt descriptive of his age, person, occupation, and residence, which receipt shall be returned to the county lieutenant or command^ ing officer of the county to which the delinquent be* longs, to the end that every such delinquent may, in case of desertion before the expiration of his term of' service, be duly apprehended and punished agreeable to the law-martial. And for the due conviction of all such delinquents, a court-martial shall, by order of the county lieutenant or commanding officer, be held within ten days at such place as he shall appoint, under the penalty of ten thousand pounds of tobaccd on such county lieutenant or commanding officer neglecting to order the sames and of five thousand pounds of tobacco upon every ^member of such court failing to attend without a reasonable excuse.

And be it enacted, That where any quaker or meno- Quakers q$

nisi shall be allotted to any division of the militia, who menonists>

- , ,. * r , . •- . J, notcompellp

is to perform the succeeding tour or duty, he shall not ed personaK

be compelled personally to serve the same, but it shall ly to serves and may be lawful for the commanding officer of the j3111 a su&st|militia of said county, to cause to be levied on all the e(j at^ex-TM * society x)f quakers and menonists in such county ac,^ pense of so* cording to their assessable property, by warrant under his hand directed to the sheriff or any person or persons whom he shall appoint, such sum or sums of mo^ ney as he shall think sufficient to procure a substitute for eaQh quaker or menonist whose tour of duty it is, and t&e money when collected shall be deposited in the hands of the cornrnissioners of the money tax, who shalLpay the sjame on warrant from the commanding officer of the said militia, to such substitute or subsm tutes a$ may be employed for such quaJker «r » .t. ;C 3 .- .;

nisi, and the overplus /if any) shall be returned toth£ said quakers or menonists in equal proportion to their different advancements or credited in their next money tax; and in case the money so collected shall not be applied as above directed before the next assessment, the said commissioners shall allow the same in discount of their several taxes. Any sheriff or collector failing to perform his duty as above, shall forfeit and pay five thousand pounds of tobacco, and each of the said commissioners who shall fail to perform his duty, shall for* feit and pay five thousand pounds of tobacco, to be recovered on motion by the said commanding officer of the militia in any court of record, giving ten days previous notice. The fines thus recovered shall go towards satisfying the quakers or menonists who shall be aggrieved thereby, and the overplus towards enlisting a soldier to serve in the continental army.

^ u £n& be it farther enacted, That any militia-man de

Penalty on , i,i • i - .•iii« L -11

militia de- serting while in actual service with public arms, shalS5

serting, upon conviction before a court-martial, suffer death, or sttdh other punishment as the said court shall inflict And every militia-man deserting without public armSj shall suffer such punishment, not touching life or member, as a court-martial shall direct; to which end, if such deserter be apprehended before, the discharge of the company, corps or detachment to which he belongs^ he shall be forthwith returned thereto and be tried by the rules of the law-martial; but if such corps, compa,* ny or detachment shall have been previously discharged, then stich deserter shall be tried by a court-martial of the county to which he belongs; such court to be ordered by the county lieutenant or commanding officer of the militia upon receiving notice of the ap* prehension of any sucto deserter, under the same penalty for his neglect in so doing and for the failure of attendance in any member of such court as is before directed. And for the information of the county lieutenant or commanding officer of the militia, thfe officer commanding a company, corps or detachment, to which such deserter belongs, shall certify the same as soon as" may be to such county lieutenant or commanding officer, under the penalty of five thousand pounds of tobacco for every failure. •

And whereas ther£ are many difficulties in bringing delinquent officers of the militia to punishment; It is farther enacted. That any militia officer either on duty Mii;tia offi or not, for crimes relating to the duties of his office may cers,how arbe arrested in the same manner as is allowed by the rested, and law-martial, and when arrested shall be tried within lr'ed, the nufriber of days prescribed by the continental articles of war, before a court-martial to be appointed by the commanding officer at the post or in the county, and if the rank of the delinquent officer shall make it impossible to get a court-martial for his trial under the said articles, the governor, on information thereof, shall order a court-martial to be appointed out of the militia at large within any reasonable time, for the trial of the offender. The governor may arrest and bring to trial in manner herein prescribed any officer of the militia whatsoever. The members of the said court so constituted, shall take the oath of secrecy and also an oath to be conformable in their sentence to the continental articles of war as therein written. Every sentence of the said court where the trial shall be before the courtmartial of the county and the officer tried shall be a field officer, shall be transmitted to the governor for the time being, who rnay either approve or disapprove the same, according to the custom of the law-martial, but where the officer tried shall be under the rank of a field officer, in that case the lieutenant or commanding officer of the county where the trial shall be, shall have the power to approve or disapprove the sentence of the said court.

And be it farther enacted, That the militia of this Bay of n^i

, •. . , . , i tta when m

commonwealth, when drawn out into actual service, aetuai ser.

except upon sudden alarms, for the defence of their re- vice,
spective counties, shall be entitled to and receive the
same pay and rations as the officers and soldiers in con-
tinental service. The captain or other officer com-
manding a company or detachment, shall, when dis-
charged, make out a pay-roll to commence from the
day they join the army when to act within the state,
and from the commencement of their march when they
are to act out of the state, which shall be examined
and certified by the commanding officer of the regi-
ment or detachment to whom they belonged; which
pay-roll shall be by the officer laid before the auditors
of public accounts, who are hereby empowered and vable in
required to issue printed certificates agreeable thereto, **•
and shall be by the captain or officer paid to the men

entitled to receive the same, which said certificates shall Death to be receivable in taxes; and in case any person or perthem CIt ^ons shall counterfeit, alter or erase, or shall aid or assist ii} counterfeiting, altering or erasing, the certificates so issued, or shall attempt to pass the same knowing them to be counterfeited, altered or erased, he or she so offending shall be deemed a felon and suffer Toi*r of du- &*& without the benefit of clergy. No person shall ty, what, be considered to have performed a tour of duty unless he shall have joined the army or detachment where ordered. A tour shall not exceed two months, unless the relief ordered shall not arrive in time frorn any unavoidable accident. The militia marching to and from camp shall be furnished with rations at the public expence.

Farther en- And be it farther enacted, That as an inducement, courage- additional to what the law hath already given, to per* prehend^e- S°"S ^ ^PPrenenci'mg deserters, that any militia-man setters. ' V1'"0 sna^ apprehend and deliver an able-bodied deserter to any officer of the continental army or of the troops of this state, not being under the rank of a field officer in either service, and taking the receipt of such officer for the said deserter, or if the deserter be a mi? litia-man shall deliver him to the commanding officer of the battalion or regiment from whence he deserted and taking the receipt of such officer, in either case it shall be considered as having thereby performed a tour of .militia duty.

Courts to ^nc* w^lereas an opinion hath prevailed that the nominate courts are obliged by law to promote officers in the jmlitia offi militia according to seniority, whereby great mischief cers, with- hat[, accrued to the country by improper appointments; tosenwrity. &e ** farther enacted, That the county courts in all their recommendations of rniihia officers, are and shall be at full liberty to Dominate their militia officers hereafter to be appointed out of the people in their respec tive counties at large, without paying any regard to seniority. And fur the due promulgation of this act and the better information of the militia, Be it farther enacted) That such a number of printed copies of this act and of the continental articles of war as the governor may deem necessary, shall be with all possible expedition transmitted to each county in this commonWealthyfor the i^se of the militia officers therein, and shall by such officers be read to their respective militias

at every general and petty muster. Each county lieutenant failing herein shall for every offence forfeit and pay the sum of five thousand pounds of tobacco; each field officer three thousand; and each captain two thousand pounds of tobacco.

Jlnd be it farther enacted. That all the penalties in- Fines en. flicted by the said recited acts, or either of them, shall creased, cease, and in lieu thereof there shall be inflicted an additional penalty in the proportion of ten for one upon every officer, non-commissioned officer and private, for neglect or failure of duty therein prescribed; which penalties, as well as those inflicted by this act, shall be recovered and applied in manner therein directed.

And whereas it has happened that some counties New draft have been thrown into confusion by means of the ne- of militia, in pessary papers for laying off the militia into divisions being lost or destroyed by accident or neglect; for remedy whereof, Be it enacted. That the field officers of any county where such case may be, shall, upon the receipt of this act, immediately proceed to lay off their said njilitia into divisions, and cause the same to be again drafted agreeable to the rules and directions laid down in the act entitled "An act for providing against invasions and insurrections," in order that a due and regular rotation may be kept up,

CHAP. IX,

An act preventing a discontinuance chan.
of the general court, and suspend- p'140"3
ing the proceedings of certain courts
in particular cases.

tinuance of

I. WHEREAS the additional session of the gene- gjSrt^rto ral court which ought by Itw to have been holden on proceedings the second Tuesday in the month of June, in the pre- in consesent year of our Lord one thousand seven hundred and ^"^f* eighty ow, was omitted to be so holden from an inva- hold a term.

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