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impowered and required to appoint some other person to collect the taxes imposed by this act, and directed to be levied by such sheriff, and the person so appointed, shall give bond and security in like manner, and shall have power and authority, and is hereby required to collect, levy, and account for the said taxes, in the same manner, as is directed in case of the sheriff'; and if the sheriff or collector shall refuse or neglect to account for, and pay the said taxes, according to the directions of this act, after deducting the several sums chargeable to persons who have no visible estate in his county, it shall and may be lawful for the general court, or the court of the county whereof he is sheriff or collector, upon a motion to them made by the treasurer, to give judgment against such sheriff or collector, and his security, for all the money wherewith be is chargeable by virtue of this act, and thereon to award execution, provided that such sheriff or collec
tor have ten days previous notice of such motion. Where the
V. And whereas many sheriffs of this colony bave sheriffs have failedin their
failed to give security according to the directions of duty. former acts of Assembly, for collecting the taxes here
tofore laid and assessed, but have notwithstanding received large sums of money and tobacco for such tax. es, and have failed to pay the same to the treasurer, according to the directions of the said acts: Be it fur: ther enacted, by the authority aforesaid, That if any such sheriff shall fail to account for, upon oath, and pay all such sums of money or tobacco as they shall have received for such taxes, to the treasurer of this colony, within two months after the passing of this act, such sheriff shall forfeit and pay the sum of five hundred pounds to our sovereign lord the king, to, and for the same uses as the taxes laid by this act are appropriated, and it shall and may be lawful for the general court, or the court of the county whereof he is sheriff, upon a motion to them made by the treasurer, to give judgment against such sheriff, for all the money or tobacco which he has received by virtue of the said acts, and also for the said sum of five hundred pounds, and thereon to award execution, provided that such sheriff have ten days previous notice of such mo
tion. Indemnifica. VI. And be it further enacted, That all persons who tion to per have duly paid their taxes to such sheriffs, not having paid their given security, as aforesaid, shall not be obliged to pay the same again to the succeeding sheriff, provided taxes to the they produce receipts to such sheriff of their having
sheriffs. already paid the same.
VII. And be it further enacted, That the sheriff of Penalty of every county shali, at the time of his entering into his the additionoffice, enter into bond with sufficient security, in the al bond to be penalty of one thousand pounds, payable to his majes- sherifts. ty, his heirs and successors, for the due collection and payment of the taxes already laid, and to be laid and assessed by this, or any other act of Assembly of this colony, besides the bond and security he is already by law obliged to give for the due performance of other parts of his office.
Vill. And be it further enacted, by the authority a- Appropriaforesaid, That the penalties and forfeitures by this act tidn. inflicted, shall be to our sovereign lord the king, his heirs and successors, to, and for the same uses as the taxes imposed by this act are herein after appropriated, and shall and may be recovered with costs, by action of debt or information, in any court of record within this dominion.
IX. And be it further enacted, by the authority aforesaid, That John Robinson, Peyton Randolph, Charles Directors & Carter, esquires; Carter Burwell, Benjamin Waller,
their duty, John Chiswell, Richard Bland, James Power, William Digges, Dudley Digges, John Page, John Norton, William Harwood, George Wythe, Landon Carter, Edmund Pendleton, and Robert Carter Nicholas, gentlemen; or any seven of them, shall from time to time, with the consent and approbation of the governor or commander in chief of this dominion, for the time being, direct and appoint how the said money shall be applied towards the raising, maintaining, arming, and providing for so many men to be raised for the better protection and defence of the frontiers, as they shall think necessary, so as the whole men so to be raised, including the men formerly directed to be raised, do not exceed fifteen hundred men, and that the said directors shall, as often as there shall be occasion of money for the uses aforesaid, apply themselves to the governor, or commander in chief, for the time being, to issue his warrant to the treasurer for paying so much money as shall be wanting for the purposes aforesaid, not exceeding the sum of twenty thousand pounds, who is hereby required to pay the same accordingly, and the said directors shall keep an account of their proceedings,
and of the several particular services for which they shall appoint the said money, to be laid out in pursuance of this act, and lay the same before the general
Assembly when required. The method X. And be it further enacted, by the authority aforeof drafting said, That within twenty days after the passing of this the militia. act, the county lieutenant, or chief commanding officer
of the militia in every county, and of the city of Wil. liamsburg, and borough of Norfolk, except of the county of Hampshire, is hereby impowered and required, to summon and hold a council of war, of the field officers and captains of the militia, of his county, city, or borough, at which council of war the several captains of the militia of such county, city, or borough, shall deliver in lists in writing of all the single min in their respective muster-rolls, and in their respective precincts, where the militia of any county have not been duly inlisted and inrolled, according to the militia laws now in force; which council of war shall enter the names of all the able-bodied single men upon a list, and shall immediately appoint à certain day, within ten days after the day on which they first met, in pursuance of this act, for the said able-bodied single men of such militia, to meet at the court-house of such county, city, or borough, of which day the said council of war shall cause public notice to be given, by putting up advertisements thereof at all places of public resort in such county, city, or borough: And the said county-lieutenant, and the field officers and captains of the militia of such county, city, or borough, shall also meet on the day appointed, as aforesaid, at the court-house of such county, city, or borough, and being there met, shall hold another council of war, and shall then inJist all such able bodied men as will voluntarily enter into his majesty's service, but in case so many of them will not voluntarily inlist as will make one of every twenty of the militia, then they shall cause so many distinct blank pieces of paper to be prepared, as the number of the able-bodied single men of such militia may amount to, upon one of which pieces of paper for every twentieth man of which such militia shall consist (after first allowing for such as will voluntarily inlist in his majesty's service, and also for such of the. said able-bodied single men who shall fail to appear according to the notice given by the said council war, who shall be first pricked down, and are hereby de
clared to be soldiers duly inlisted in his majesty's service, unless they shall send to such conncil of war sufficient excuses for their non-attendance) shall be written the words following, to wit, “ This obliges me immediately to enter his inajesty's service," which distinct pieces of paper so prepared, and written upon as aforesaid, together with the rest of the said papers, (which will remain blank, after one for every twentieth man of such militia shall be written upon as aforesaid) in the presence of the said council of war, or the major part of them, shall be put into a box, made for that purpose, which box shall be placed upon a table in the court-house, before such council of war, and then the said council of war shall cause all the said able bodied single men (not voluntarily inlisting as aforesaid) one after another, in the presence of such council of war, to draw forth one of the said pieces of paper, out of the said box (the same having been first well shaken and the papers therein mixed together) and immediately to hold up the same to public view; and the person, and persons, whose lot it shall be, to draw forth out of the said box, any of the said papers, so written upon as aforesaid, shall immediately thereupon be deemed and taken to be an inlisted soldier, and as such shall be entered upon a list to be prepared for that purpose, by any indifferent person, to be then appointed by such council of war, unless such person shall immediately pay down to the chief officer, present at such council of war, the sum of ten pounds (to be by such chief officer paid to any person, or persons, who shall enter into his majesty's service, in the room of such person who shall pay the same, and in case no person will accept of the same, upon those terms, then to be by such chief officer accounted for, and paid to the treasurer of this colony, and by him to be applied to the same uses as the taxes laid and imposed by this act, are directed to be applied) or shall immediately procure some other able-bodied person to serve as a soldier in his stead; and the person, or persons, who shall draw out of the said box, any of the said blank papers, shall be discharged from being drafted out of the militia of such county, city, or borough, to serve as a soldier, and such person and persons, so drafted and inlisted, in the manner aforesaid, and failing to pay down the said sum of ten pounds, or to procure gome other able-bodied person to serve in his stead, shall be immediately delivered by such council of war, to the officer appointed by the governor or commander in chief, to attend the drafting of the militia in each county, city, or borough, respectively, and shall be by such officer received as soldiers inlisted in his majesty's service, and marched and conducted to such place or places, as the governor or commander in chief shall direct and appoint, and shall
continue in his majesty's service until the first day of December next, and shall then be discharged from the said service if they shall
require it. Militia so
XI. And be it further enacted, by the authority drafted to be aforesaid, That the soldiers so drafted and inlisted, in incorporated manner aforesaid, shall be incorporated with, and bewith the Vir. come soldiers of the Virginia regiment, and shall reginia regiment. ceive the same pay and rewards, and be entitled to the
same immunities and privileges, and be subject to the same government and discipline, as the soldiers of the said regiment, now in the pay of this colony, do receive, and are entitled, and subject to.
XII. And be it further enacted, That if any such Where
any fails to ap
able-bodied single man shall fail to appear at the counpear at the cil of war, directed to be held as aforesaid, on the day council of
to be appointed and notified in manner aforesaid, without sending sufficient reasons to the said council of war for his non-attendance, as aforesaid, such person, and persons, shall thereupon be deemed soldiers duly inlisted in his majesty's service, as aforesaid, and as such shall be taken by the captain of the company to which he belongs, or of the precinct in which he lives, by warrant under the hand of the commanding officer present at such council of war, and shall be by the said captain delivered to any constable of such county, city, or borough, with his warrant to convey and deliver him, from constable tu constable, to the officer to be appointed to receive the drafted militia, as aforesaid.
XIII. And be it further enacted, by the authority aforesaid, That if the county lieutenant or chief offi cer of the militia of any county, or of the said city or borough, shall fail to call a council of war, within twenty days after the passing of this act, and to pro
ceed in the manner before directed for drafting the miPenalty on
litia, he shall forfeit and pay the sum of five hundred the officer. pounds, and if any other of the said officers of the mi
Iitia shall fail to attend such council of war, after be