to proceed in executing the law passed in May, one thousand seven hundred and eighty, for establishing the said town of Louisville: Escheated 11. Be it enacted, That the trustees of the said town Partition line of Louisville shall, as soon as may be, give notice to between the said John Campbell, and proceed to running the lands of John partition lines between the lands of the said John Camp- John ConnolCampbell and bell and John Connolly according to their respective ly, to be run. deeds of partition; and as soon as the said partition lines shall be run, the said trustees shall lay off into convenient lots or parcels, not exceeding one hundred acres, and sell such of the escheated lands of the said John Connolly as remain unsold, and shall in the first lands of John instance, after paying the necessary charges of survey- Connoily to ing and laying off the said land, apply the money ari- be sold, and mortgage to sing from such sales to redeeming the said land from John Campthe mortgage of the said John Campbell and Joseph bell aud Jos. Simon, and shall pay the overplus into the treasury of Simon, paid this commonwealth. And in case the said lines of partition shall have been run according to an act, intituled "An act for repealing in part an act for establishing the town of Louisville," previous to the passing of this act, then the said trustees shall proceed immediately to sell, in manner before directed, the said escheated lands of the said John Connolly, and to apply the money arising from such sale to the purposes aforesaid. III. And be it further enacted, That the said trustees shall receive all monies due for lots heretofore sold by them according to the act of May, one thousand seven hundred and eighty, and shall apply such monies to the purposes aforesaid. off. confirmed. IV. And be it further enacted, That the titles of the Titles to purpurchasers of lots in the town of Louisville, under the chrsers of lots said act of May, one thousand seven hundred and eigh- Louisville, ty, shall be deemed valid against the claim of the said John Campbell and Joseph Simon, and their heirs or assigns. Provided, That this act shall not be construed to affect the title of the said John Campbell to such part of the town of Louisville as may have been laid off upon his part of the said land. རྟེརྟེན། [Ch. LXVI in original.] Further time allowed to tlement CHAP. XXVH. An act to continue an act, intituled An act to revive and amend in part an act, intituled an act for giving further time to enter certificates for settlement rights, and for locating warrants upon pre-emption rights, and for other purposes. I. IT being represented to this present general asanter certifi- sembly, that many people within this commonwealth cates for set- have not received the benefit of an act of the last session of assembly, intituled “An act to revive and amend in part an act, intituled an act for giving further time to enter certificates for settlement rights, and for locating warrants upon pre-emption rights, and for other purposes;" rights, and locate war rants, on preemption rights. 15 11. Be it enacted, That the said act be, and is hereby continued, until the first day of June, one thousand seven hundred and eighty five, and no longer. f 1 [Ch. LXVII In original.] Preamble. Who shall be enrolled in the militia. CHAP, XXVIII. An act for amending the several laws for regulating and disciplining the militia, and guarding against invasions and insurrections. 1. WHEREAS the defence and safety of the commonwealth ́ depend upon having its citizens properly armed and taught the knowledge of military duty, and the different laws heretofore enacted being found inadequate to such purposes, and in order that the same may be formed into one plain and regular system; II. Be it enacted, That all free male persons between the ages of eighteen and fifty years, except the members of the council of state, members of the American con- Who exempt. ed. gress, judges of the superior courts, speakers of the two houses of assembly, treasurer, attorney general, auditors and their clerks, solicitor general and his clerks, clerks of the council of state and treasury, register of the land-office, his deputy and clerks, customhouse officers, all inspectors of tobacco, all professors, tutors, and students at the university of William and Mary, and other public seminaries of learning, all ministers of the gospel, licensed to preach according to the rules of their sect, who shall have previously taken, before the court of their county, an oath of fidelity to the commonwealth, post-masters, keepers of the public gaol and public hospital, millers, persons concerned at iron or lead works, or persons solely employed in repairing or manufacturing fire arms, all of whom are exempted from the obligations of this act, shall be enrolled or formed into companies of five serjeants, three Companies. corporals, a drummer, and fifer, and not less than fiftyfive, nor more than sixty-five, rank and file; and these companies shall again be formed into regiments of not more than one thousand, nor less than five hundred men, if there be so many in the county. Each company shall be commanded by a captain, a lieutenant, and an ensign; each regiment by a lieutenant colonel commandant, and two majors; and the whole by a county lieutenant, whose rank shall be that of a colonel; and they shall take precedence and command of each other according to rank and seniority. These officers shall be resident within their county, and before they enter on the execution of their respective offices, shall take the following oath: 1 do swear, that I will be Oath of offi faithful and true to the commonwealth of Virginia, of cers. which I profess myself to be a citizen, and that I will ‹ in faithfully and justly execute the office of a Officers. Musters: musters. 7 October or November, in every year, to be appointed by the county lieutenant or commanding officer, at a convenient place near the centre of the county; for the times and places of the said musters, the county lieutenant or commanding officer for the time being, shall Notice of give notice to the commanding officers of regiments for the general muster; the commanding officers of regiments shall give notice to the commanding officers of their respective companies, of such general muster, and of his regimental muster; and the commanding officers of companies shall give notice of the general, regimental, and private musters, to every person of their respective companies; and to that end the commanding officers of companies shall have power to order so many of their serjeants, as they shall think fit, to give such notice, which may be done by personal summons by the said commanding officer, or serjeant so ordered, or by either of them, leaving notice in writing at the usual place of abode of the person to be summoned; the notices to be given by the commanding officer of the coun> ty and commanding officers of regiments, shall be in writing, delivered in person or left at the usual place of abode of each person to be notified, either by such commanding officers themselves, or by such officer or officers of their respective commands, as they may think fit to order; the said notices shall be given by the commanding officer of the county to the commanding officers of regiments at least forty days; by the commanding officers of regiments at least thirty days; and by the commanding officers of companies, at least ten days, before such general regimental or private musters (as the case may be) shall be appointed to be had. Any officer ordered as aforesaid to give such notices, failing therein, shall, for every offence, forfeit and pay five pounds; and every sergeant so failing, shall forfeit and pay one pound for every such failure; to be recov ered as other fines hereafter to be established. Every officer and soldier shall appear at his respective musterfield on the day appointed, by eleven o'clock in the forenoon, armed, equipped, and accontred, as follows: Officers and The county lieutenants, lieutenant colonels commandant, and majors, with a sword; the captains, lieutenants, and ensigns, with a sword and espontoon; every noncommissioned officer and private, with a good clean musket, carrying an ounce ball, and three feet eight soldiers how armed and accoutred. 15 Ammunition. inches long in the barrel, with a good bayonet and iron ramrod well fitted thereto, a cartridge box properly made, to contain and secure twenty cartridges fitted to his musket, a good knapsack and canteen; and moreover, each non-commissioned officer and private shall have at every muster, one pound of good powder and four pounds of lead; including twenty blind cartridges; and each sergeant shall have a pair of moulds fit to cast balls for their respective companies, to be purchased by the commanding officer, out of the monies arising on delinquencies; provided, that the militia of the counties westward of the Blue Ridge, and the counties below adjoining thereto, shall not be obliged to be armed with muskets, but may have good rifles with Rifles. proper accoutrements in lieu thereof. And every of the said officers, non-commissioned officers, and privates, shall constantly keep the aforesaid arms, accoutrements and ammunition ready to be produced whenever called for by his commanding officer. If any pri vate shall make it appear to the satisfaction of the court hereafter to be appointed for trying delinquencies under this act, that he is so poor that he cannot purchase the Poor soldiers, arms herein required, such court shall cause them to be how armed. purchased out of the money arising from delinquents. The arms so purchased, shall, by the commanding of ficer of the county, be delivered to the captain of the company to which such poor private may belong, who shall deliver such arms to the private, but they shall continue the property of the county; and if any private shall sell or conceal the same, the seller, concealer, and Penalty for purchaser, shall each forfeit and pay four pounds, to selling, or be recovered by the commanding officer, in any court concealing. of record, on ten days notice. And on the death, disability, or exemption of such poor private, or his removal out of the county, such arms, shall be delivered to the commanding officer of the company, who shall make report thereof to the next court to be held, as aforesaid, and deliver the same to such other poor private as they shall direct. And if any poor private sball remove out of the county, and carry such arms with him, he shall-inour the same penalty as if he had sold them. And if any person concerned in selling, purchasing, concealing or removing such arms shall be prosecuted for the penalty, and upon conviction shall fail to make instant payment, or give security to pay the same |