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Il. Be it enacted, That within ten days after the re
How to be ceipt of this act, which the governor is directed to raised. transmit as soon as possible, the lieutenant or commanding officer of the militia of each county shall summon the field officers of his county to meet at the courthouse, or some other convenient place in the county, within ten days thereafter; and the said county lieutenant or commanding officer, with the field officers, or a majority of them, shall proceed to divide each county Counties die
vided into into, as many classes or districts as there are men re
III. And be it enacted, That each class or district If not en.
ар.. . point to receive the same, which sum, or so, much thereof as shall be paid, shall by such person be delivered to the lieutenant or commanding officer of the county as aforesaid, on or before the expiration of the time before mentioned, for the enlistment of a soldier or payment of the money in lieu of him.
And in case of failure of the payment of such sum or delivering such soldier as aforesaid, it shall and may be lawful for the lieutenant or commanding officer of the county to recover the said sam, or so much as such collector may have received, by motion in the court of his coun
ty, with costs and five per centum by way of damages, provided such collector has ten days previous notice of such motion; and the clerk of the county shall furnish the person first named in each class with the names of all free persons in such class, and the sum each person shall be chargeable with. And the person so-first named shall appoint a meeting of the class within five days after the same shall be divided, at wbich meeting such of the class as shall aytend, or a majority of them, shall and may choose a collector, who shall be a freeholder, or possessed of visible property to the amount of one hundred pounds, to receive the sums payable from the individuals of such class, or tu enlist such soldier; and in case of failure, the person first named as aforesaid, shall be collector, and each person attending shall be informed by the collector or person first named in the class, of the sum which they are respectively to pay; and in case the same shall not be paid or such soldier enlisted within the time herein before limited, such collector shall make a return to the county lieutenant or cornmanding officer of the names of those who have neglected to pay, and the sums due from each person, distinguishing in such return, those who are able-bodied militia
And such county lieutenant or commanding officer shall order the captain or commanding officer of the company to which such delinquents or a major« , ity of them belong, to cause one of the said able-bodied militia-men to be drafted, by fair and equal ballot, to serve in the continental army as a soldier for three years, who shall be entitled to the same pay as other soldiers raised by this act, and to twelve pounds bounty, and also to all other emoluments given to the continental soldiers by law. And in case only one able-bodied man in any division or class shall fail to pay his proportion of the sum required by this act, he shall be considered as a continental soldier for three years, in the same manner as if he had been drafted by ballot. And such county lieutenant or copímanding officer shall grant his warrant to the collector of each district, authorizing and empowering him to levy the sums due from the persons so returned as delinquents respectively, by distress and sale chattels, in the same manner as is by law directed in
bis Meir goods and the case of county or parish levies, which warrant the
said collector is required to obey, and on failure to execute the same, or to pay the money when received to such county lieutenant or commanding officer, he shall be liable to the same proceedings and penalties as is before directed with respect to money received by him.
IV. And be it enacted, That every person enlisted Recruits, by any class or district under this act, shall, within the how dispo
sed. time aforesaid, be delivered to the lieutenant or commanding officer of the county, who shall take such order for his security as he shall think
And on the said recruit taking the oath of a soldier and signing his enlistment, he shall be entitled to pay and subsistence as a continental soldier; and such lieutenant or commanding officer shall deliver him to such continental officer as shall be appointed for the purpose of receiving recruits in manner hereafter mentioned, but may in the mean time furlough such recruit, not exceeding ten days at one time. V. And be it farther enacted, That the governor,
Officers of with the advice of the council, shall appoint so many receive re.
the line to officers of the line, not being in actual duty, as he shall
cruits. think necessary, to receive the soldiers enlisted under this act, and also to receive from the lieutenants or commanding officers of the several counties, all such sums of money as shall be received by them: They shall pass receipts to such county lieutenants or commanding officers for the men to be delivered and the money to be paid to them, and shall sig: duplicates of such receipts, one of which the county lieutenants or commanding officer shall transmit to the governor and council, and shall also transmit to the governor abd council within twenty days after the time prescribed for receiving the money or recruits before-mentioned, an account of all men and money received by them, and of the proceedings taken against the delinquent classes, and of the officers to whom such men shall be delivered or money paid, and such officer shall proceed with the utmost diligence in the business of recruiting. Every able-bodied man, as before described, Bounty, pay, inlisting for three years or during the war, shall be en- and emolu. titled to a bounty of twelve pounds, to be paid as soon ments. as he shall be sworn, and to the same pay and emoluinents as other continental soldiers of this state's quota are entitled to; and such recruiting officer shall receive forty shillings- for every such recruit by him inlisted, VOL. II.
for his trouble and expences, and such recruiting ofb-
and council of all recruits which shall be
quired of the county where such failure shall be. Quakers and VI. And be it farther enacted, That where any quamenonists, ker or menonist shall be drafted in consequence of this ted from per
act, he shall not be compelled to serve, but shall pay sonal ser
to the collector of his district the sum of fourteen viee. pounds, which sum, if payment thereof be refused, shall
betevied on his goods and chattels as is herein before
ceived by him. Expresses,
VII. And be it enacted, That the lieutenant or comhow procu manding officer in every county shall be authorized red.
and empowered to hire expresses to give notice to the
summon the field officers in manner before directed, he shall forfeit and pay the sum of one hundred pounds; and if he, or any of the field officers captains or commanding officers of companies, and clerks of the county courts and courts martial, shall fail to attend the meeting by him appointed as aforesaid, unless prevented by sickness or other unavoidable circumstance, he
Fines, for or they so failing shall forfeit and pay the sum of twen- delinqueuty pounds each; all which penalties may be recovered cies in any court of record, by action of debt, information or indictment, and shall be applied one half to the in-, former, and the other half to the use of the commons wealth. And in case any officer of the line shall misapply, embezzle, or neglect to account for the monies received by him as directed by this act, he shall be liable to a judgment for all monies so misapplied, embezzled or unaccounted for, by motion in any court of record, at the instance of the solicitor general, together with costs and five per centum damages, provided such officer have ten days previous notice of such motion. VIII. And be it further enacted, That where the sum
funds, in a payable by any class shall amount to more than the class, how sum of fourteen pounds, the overplus shall be paid to dispused. the lieutenant or commanding officer of the county, and shall be applied towards the payment of bounties to recruits and expençes attending the recruiting service, in such manner as the governor, with the advice of the council, shall direct.
1X. And be it further enacted, That the furnishing Purnishing a of a recruit by any class, shall exempt such class from recruit, exthe payment of the said sum of fourteen pounds, and class. no more; and that.in case of failure in payment of the overplus, the same proceedings shall be had for the recovery of such overplus as is herein before directed for the recovery of the proportions of delinquents in other cases.
X. And whereas many counties have failed in whole or in part to furnish the several quotas of regulars in their respective counties since the year one thousand
Counties seven hundred and seventy-seven, as required of them: failing to fur.
XI. Be it therefore enacted, That the lieutenants or nish the forcommanding officers of the militia of each county shall, mer quotas,
to be reporton or before the first day of November next, transmit. to the governor, the most exact state that at this time ral Assemblya
ed to gene: