Other de

premises, be unlawful and void: And that the officer or person that presumes to make or serve the same, be liable to the suit of the party grieved; wherein double damages shall be given, upon a recovery.

XIII. And be it further enacted, That every person faults finable. exempted from personal appearance only, failing to send an able bodied man, or man and horse, as the case shall be, in his room, to be trained and exercised, shall pay the same fine as is herein before inflicted for not appearing at musters. And every person ordered to go to church armed, failing to do his duty therein, shall pay five shillings. And every person ordered to patrol, and failing so to do, (to be certified to the courtmartial, by the officer of such patrol,) shall pay ten shillings, for every failure. And every person going to, attending at, or returning from muster, shall be privileged and exempted from arrests, and being served with any other process, in any civil action or suit.

Exempted

Overseers or millerr not to appear at musters.

Sheriff refusing to receive the orders of the

court martial. or failing to account.

XIV. And be it further enacted by the authority aforesaid, That if any exempted overscer, or miller, shall presume to appear at any muster, or in any muster field whatsoever, on the day on which such muster shall be appointed; the party so offending, shall, for every such offence, forfeit and pay ten shillings, or one hundred pounds of tobacco; to be assessed upon him by the next court-martial, upon certificate of the offence to them made, by the captain, or chief officer, present at such muster; and levied, accounted for, and appropriated, in the same manner, as the other fines ordered by the court-martial.

XV. And be it further enacted, That if any sheriff shall refuse to receive the orders of any court-martial offered to him, by virtue of this act, or to collect and levy the fines therein mentioned; such sheriff, upon a motion and complaint thereof made to the county court or general court, shall be fined, for such refusal, fifty pounds current money: To be appropriated, in the same manner, as the other fines last mentioned. And if any sheriff, taking upon him such collection, or receiving the said orders, shall fail to account for, and pay what he shall have received, by virtue thereof, to the receiver, to be appointed for that purpose, by the court martial, deducting ten per cent. only for his trouble in collecting and receiving; upon a motion or complaint made against him, by the sald receiver, or the com

manding officer of the militia, to the county court, or general court; such court shall give judgment, and award execution against him, for the same.

XVI. And be it further enacted. That every com- Oaths to be mission officer in the militia, shall, before he acts un- taken by der, or executes any such commission, in the court of commission his county, take the oaths appointed by law to be taken, officers. instead of the oaths of allegiance and supremacy, the abjuration oath, and subscribe the same, with the test: And that every county lieutenant, colonel, lieutenantcolonel, major, and captain, at the time of their holding every court-martial, shall, before they hold the same, take the following oath; which shall be first taken by the presiding officer then present, and by him administered to the rest of the officers: to wit,

ΙΑ

A. B. do swear, That I will do equal right and justice to all en, according to the act of assembly, for the better regulation of the Militia.

neral, &c.

XVII. And be it further enacted, That the adjutantgeneral, for the time being, with one servant, and their Adjutant ge horses, shall be exempted from the paiment of ferriages ferry free. at all public and other ferries, within this colony: And that the respective ferry keepers shall give him, and his servant, and horses, immediate passage at all such ferries, as in the case of public expresses. Any law, or custom, to the contrary, notwithstanding.

other acts.

XVIII. And be it further enacted, by the authority aforesaid, That all and every other act and acts, and Repeal of every clause and article therein contained, For the settlement and regulation of the Militia; or any other matter or thing, within the purview of this act, shall be, and is hereby repealed and made void, to all intents and purposes whatsoever.

to extend to

XIX Provided always, That nothing in this act contained, shall extend, or be construed to extend to the This act not inhabitants of the city of Williamsburg, so as to oblige Williamsthem to muster, or serve in the militia, out of the said burg. city: But that such inhabitants shalt be listed and trained, in manner as is directed by one act of assembly, made in the ninth year of the reign of his late majesty king George the first, intituled, An Act for enlarging the Jurisdiction of the Court of Hustings in the City of

Preamble.

1 Geo. 2, revived for

Williamsburg, within the limits thereof. Any thing in this act, to the contrary, or seeming to the contrary, in any wise, notwithstanding.

CHAP. III.

An Act, for reviving the Act, For making more effec-
tual provision against Invasions and Insurrections.

I. WH
HEREAS, the act made in the first year of
the reign of his present majesty, intituled
An Act, for making more effectual provision against
Invasions and Insurrections, which was continued by
two several acts; the one made in the fifth and sixth
years, and the other in the eighth year of his said ma-
jesty, and is now expired, has been found, by experi-
ence, to be very useful:

II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses of this present General Asthree years. sembly, and it is hereby enacted by the authority of the same, That the said first mentioned act shall be, and is hereby revived, and shall continue and be in force, from the passing of this act, for the term of three years next following, and no longer.

Preamble

CHAP. IV.

An Act, for altering the method of Trial of certain Crminals therein mentioned.

I.

WHEREAS, by the laws now in force, For the

trial of persons committing capital crimes, twelve freeholders are to be summoned from the county where the fact is committed, for the trial of every such criminal: Which method, through the great increase of offenders, is become very burthensome and expensive to the public, as well as grievous to many of his majesty's good subjects, who live in the remote counties, and are summoned to serve as jury-men at the said trials. And whereas, most of the folonics, and other capital offences committed in this colony, are perpetrated and done by persons who have been convicted of felony, or other crimes in Great Britain, or

Ireland, and there sentenced to be transported for the same. And it can be no benefit or advantage to such persons, who are commonly servants, and little known in the neighbourhood where they live, to have a jury of the vicinage; but they may be as fairly and impartially tried by a jury of the by-standers:

ders.

II. BE it therefore enacted, by the Lieutenant GoDuty of vernor, Council, and Burgesses, of this present General courts for exAssembly, and it is hereby enacted, by the authority of the amination of same, That from and after the first day of February cupital offennext, when any person charged with a capital offence, shall be examined before any county court, or other inferior court in this colony, pursuant to the laws in that behalf made; such court shall have full power, and are hereby authorized to enquire, by all such ways and means as they shall think necessary, whether such person has been convicted in Great-Britain, or Ireland, of any felony, or other crime, and there sentenced to be transported for the same; and whether the term for which such person was sentenced to be transported, be expired: And if it shall appear to any such court, that the person so charged with any capital offence, has been so convicted, and sentenced to be transported, as aforesaid, and that the term for which such person was so transported, be not expired; the said court shall cause their opinion to be entered upon record: And the clerk of the said court shall and is hereby required to certify such opinion upon the back of the commitment to the public goal.

tried.

III. And be it further enacted by the authority afore. How con said, and it is hereby enacted, That when any person victs shall be shall be committed to the public goal of this colony, for any capital crime, and there shall be such certificate as herein before is mentioned, indorsed on the back of the commitment of such person, the clerk of the general court shall not issue any writ to summon a jury of the freeholders of the county where the fact is alledged to be committed for the trial of such persons, as hath been heretofore used; but such persons shall be tried by a jury of the by-standers, in the general court, or court of oyer and terminer, as the case may be. Any law, usage, or custom, to the contrary, in any wise, notwithstanding.

IV. Provided always, That no person shall be quali- Jurors quali fied to be of such jury, unless he be a freeholder, and fied. D-Vol. 5.

possessed of an estate real or personal, of the value of one hundred pounds sterling.

V. Provided also, That upon every such trial, the prisoner shall have the benefit of challenges, and all other advantages, which, by the laws of this colony, he would have, or might be entitled to, in case the trial was by a jury of the vicinage.

Vi. And be it further enacted by the authority aforesaid, That this act shall continue and be in force, for the term of four years, from the passing thereof, and from thence to the end of the next session of assembly, and no longer.

CHAP. V.

An Act, for continuing and amending an Act, intituled,
An Act, for laying a Duty on Liquors.

Preamble.

I.

continued.

WHEREAS, by one act of assembly made in the fifth and sixth years of the reign of his present majesty, intituled, An Act for laying a Duty on Liquors, a duty of three pence per gallon is laid on certain liquors therein mentioned, for the term of four years, to commence from the last day of July, one thousand seven hundred and thirty two; which said act, by one other act. made in the eighth year of his said majesty's reign, is continued for the further term of four years, from the expiration thereof. And whereas, it is found, by experience, that the said duty is the most easy expedient for raising a fund, to answer the exigencies of the government, without subjecting the people to a poll

tax:

II. BE it enacted, by the Lieutenant Governor, Coun5 & 6 Geo. 2, cil, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said first recited act of assembly, shall continue and be in force, from and after the last day of July, in the year of our lord one thousand seven hundred and forty, for and during the term of four years from thence next following, and no longer.

III. And whereas, the allowance made by the said first recited act, for filling and leakage, is not sufficient to answer the lossess the traders in rum sometimes sustain thereby, Be it further enacted, That after the said