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ascertain and certify the proper allowances to the commissioners, the owners of storehouses, the commissaries and different workmen employed by them; which being examined and passed by the auditors for publick accounts, shall be paid by the treasurer. Any commissioner so to be appointed, and refusing to act, shall forfeit and pay one hundred pounds, or failing to appoint the commissaries necessary within his county, or to appoint and advertise places for the delivery of commodities, or to deliver to the sheriff and commissioners of the tax, a copy of the commissaries re‘turns, shall forfeit and pay two hundred pounds. Any commissary appointed, and refusing to act, shall forfeit and pay fifty pounds, or sailing to return to the commissioners the account directed by this act within the time limited, shall forfeit and pay two hundred pounds. The fines hereby inflicted shall be one moiety to the informer, and the other to the commonwealth, or the whole to the commonwealth where the suit shall be first instituted on the publick behalf only, to be re
covered with costs by action of debt or information in
any court of record within the commonwealth. In
case of vacancy, either by refusal, death, or other. cause, the court of the county shall be empowered to .
appoint other commissioners, and the commissioners shall in like cases appoint other commissaries; provided that it shall and may be lawful for the governour, with advice of the council, by certificate under his hand, to discharge from the payment of the said tax, any person or persons whose property hath been, or shall be plundered by the enemy; any thing herein
contained to the contrary notwithstanding.
Vot. s. 1,
See vol. 9, p. 588.
One 25th man of the militia, to be drafted for eighteen months.
An act for obliging the several delinquent counties and divisions of militia in this commonwealth, to furnish one twenty fifth man.
WHEREAS “An act for speedily recruiting the Virginia regiments on continental establishment,”
which passed the last session of generał assembly, hath
not produced the end proposed, many counties having failed to furnish one twenty fifth man, according to the said act; and whereas it is just that the whole community should bear an equal part in publick defence: Be it cnacted by the General Assembly, That the county lieutenant or commanding officer of the militia shall, where the same hath not been hitherto dome, cause his
county to be immediately laid off into divisions, ac
eording to the directions of the said recited act; each of which divisions shall furnish a man, agreeable to
the term of the said act, by the second day of August,
one thousand seven hundred and seventy nine; and in those counties where, although the militia hath been already laid off in divisions, have failed to furnish a soldier as required by the said recited act; every division having so failed, shall be allowed the same time to furnish such soldier; and if at the expiration of the said time, any division shall still have failed, the county lieutenant shall order the said division to assemble
at such place, and on such day as he shall appoint,
within fifteen days after the time so allowed, and shall there himself, or by a field officer, by fair and impartial lot, draft one man out of such division, to serve as a regular soldier for the term of eighteen months from the time of his meeting in general rendezvous, who shall be of able body, subject to the same duties, and entitled to the same emoluments as those men who enlisted under the terms of the said recited act. The governour and council shall take order for the disposal of the men to be raised under this act, in the manher most likely to fulfil the intention thereof. The fines on the county lieutenant, justice, or any other person failing to do his duty herein, shall be the same as in the above recited act, and recoverable in like
tled “An act for regulating and disciplining the militia,” and one other act entitled “An act for providing
See vol. 9, p. 267,291.
against invasions and insurrections:” Be it enacted by
the General Assembly, That in every county where there are more than one battalion, there shall be a muster of each battalion in the months of March and October in every year, to be appointed by the county lieutenant, or in his absence by the next commanding officer, at, or as near the centre of the districts of such battalions as may be. That the field officers and captains, or a majority of them, whereof a field officer shall be one, shall hold a court-martial at or near the place where such muster shall be, on the day following, each muster under the same rules and regulations, and under the same penalties as are prescribed by the said recited acts. Every commanding officer of a battalion for refusing or neglecting to turn out, train, and exercise his battalion, or for refusing or neglecting to perform any of the other duties required by the said recited acts; §: who shall neglect to examine the returns and levy the fines upon delinquents, shall forfeit and pay the sum of two hundred and fifty pounds. Every county lieutenant or next commanding officer, the sum of two hundred and fifty pounds. Every other field officer, the sum of one hundred pounds. Every captain, the sum of fifty pounds: And every lieutenant or ensign, the sum of twenty five pounds. Every noncommissioned officer or private who shall neglect or refuse to attend any general or private muster when
Generalmusters, twice a year.
Fines on of ficers and soldiers,
Disobedi. ence, how punishable.
ordered by his commanding officer so to do, shall for. feit and pay the sum of three pounds for every offence, except as is excepted by the said acts. Every noncommissioned officer or private, who at any muster shall not obey the lawful commands of his superiour
officer, or shall behave mutinously, riotously, get
drunk or not demean himself as a non-commissioned officer or soldier, shall be put under guard for the day, and being convicted before a court-martial of any such offence, shall forfeit and pay a sum not exceeding ten pounds. If any by-stander interrupt, molest, or insult any officer or soldier when on duty, or misbehave before any court-martial, he may be put under guard by the commanding officer for the day, and shall be fined in any sum not exceeding ten pounds. Every field
officer or inferiour commissioned officer refusing or
neglecting to obey the lawful commands of his superiour officer, misbehaving when on duty, or not demeaning himself as an officer, shall be put under arrest for the day, and upon conviction of any such of. fence, shall be fined at the discretion of such court. If any officer shall refuse to march when ordered into actual service according to his tour of duty, such officer shall 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 continues in service. If any non-commissioned officer or soldier shall 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 before a courtmartial, such offender shall serve as a regular soldier in the troops of this state six months, and shall by order of such court-martial be delivered to a recruiting officer for that purpose. The said recited acts as far as they come within the perview of this act, stand hereby repealed, provided that any court-martial which. smay be held by virtue of this act, shall proceed upon
all delinquencies committed or done before the passing of this act according to the said recited acts, and
determine accordingly. And that if at any time it shall be necessary to call the militia together for the
purpose of drafting men for the continental army or .
any other purpose, the officers and soldiers shall be.
subject te the same fines and penalties for not appear
ing upon due notice being given them, requiring their attendance, as for not appearing at general musters. And that instead of the pay allowed by the said reci- Payof scouts ted acts to scouts and lookouts in the frontier counties, there shall be paid to every person in future employed on that service, the sum of eight dollars per day, to be paid in manner directed hy the said recited acts. The serjeant of the city of Williamsburg for the serjeant of time being, shall have the same power to collect and Williamsdistrain for militia fines within the limits of the said "#, "he
se © go too e © : , 1,2,..., , 1,3, Same POWef city as the sheriffs of the respective counties within this olison commonwealth, as well those fines already incurred as as sheriffs. those which hereafter may be incurred, and be liable to the same penalties for neglect of duty.
.And be it further enacted, That this act shall be
publickly read at the head of each company by the captain or commanding officer thereof, within one month after receiving the same, under the penalty of
CHAP. XXI. : An act for the removal of the seat of government.
I. WHEREAS great numbers of the inhabitants preamble
of this commonwealth must frequently and of necessity resort to the seat of government where general assemblies are convened, superior courts are held, and the governour and council usually transact the executive business of government; and the equal rights of all the said inhabitants require that such seat of government should be as nearly central to all as may be, having regard only to navigation, the benefits of which are necessary for promoting the growth of a town sufficient for the accommodation of those who resort thereto, and able to aid the operations of government: . And it has been also found inconvenient in the course of the present war, where seats of government have been so situated as to be exposed to the insults and