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Arrest of offi- 4X. Be it therefore enacted, That the governor, with advice of council, shall have power to arrest the county lieutenant or commanding officer of a county, and all other officers, for any misconduct whatever, and upon trial and conviction, may censure or cashier them All officers under the county lieutenant or commanding officer of a county, may also be arrested by such commanding officer, and reported to the governor for trial, Courts-mar- or at the option of such commanding officer, a general tial, for trial court-martial, to consist of thirteen officers, may, by his

of.

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order, be held in the county for trial of such as shall be under the rank of a field officer. The president of the said court shall be a field officer, and six at least of the members shall be captains; and where there is not a sufficient number of officers in any county, to constis tute a court, where the arrest is made, the commanding officer of such county may call upon as many officers from the adjacent counties, as will be sufficient to make up a court; and such court may, on conviction, cen sure or cashier any officer so tried, and their sentence shall be final, saving to such officer an appeal to the executive if he shall think proper; in which case, the commanding officer shall furnish him with a copy of the proceedings of the said court: Any non-commissioned officer or soldier offending, shall be tried by a like general court-martial, and may, on conviction, be censured or fined at the discretion of the court; and failing to make instant payment of such fine, or to give sufficient security therefor, within such time as the court may think proper, shall receive corporal punishment not exceeding twenty lashes. For obtaining the necessary evidence for the trials aforesaid, the gover nor or commanding officer of the county, as the case may be, shall issue his summons, and any person so summoned, failing to attend, shall forfeit and pay, upon a summons from the governor, ten pounds, and upon a summons of the commander of a county, five pounds, to be reported by the commanding officer, amongst other delinquencies, to the court aforesaid.

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X. And be it further enacted, That the commandCourts of en. quiry, how er of a county; shall on some day in the months of constituted. May and November (his general muster being over) summon all his field officers, and aú equal number of the senior magistrates; and with them, or a majority of such field officers and magistrates respectively, shall

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form a court of enquiry, and assessment of fines; the said court shall take the following oath, to be administered by any one of the magistrates to the other members, and afterwards by any one of them to him, viz:~~~ do swear, that I will truly and faithfully enquire into all delinquencies which appear on the returns to be laid before me, and will assess the fines thereon as shall seem just, without favor, partiality, or affection. So help me God." The county lieutenant Their powers shall then lay before the said court, all the returns of and duty. delinquencies, as directed by this act, whereupon they shall proceed to hear and determine on them. All fines to be assessed by virtue of this act, shall be collected by the sheriff of the county, upon a list thereof, certified by the commanding officer, and delivered to the sheriff, on or before the first day of January, in every year, who shall account for the same to the county lieutenant, or his successor, in the manner directed, and be allowed the same commission as for other public monies, on or before the first day of November, in the same year; and on failure, the commanding officer, or his successor, shall on ten days previous notice, obtain judgment for the same, in the county court, with costs. And should any person so charged with fines, fail to make payment, on or before the first day of May, in any year, the sheriff is hereby authorized to make dis tress and sale therefor, in the same manner as is directed in the collection of taxes. The commanding officer of every county, shall, on or before the thirty-first day of December, in every year, render to the executive, an account upon oath, of all monies which have come into his hands by virtue of his office, and of his disbursements, and if their shall remaiu any money, in his hands, the same shall be paid into the treasury, in aid of the contingent fund. And for enforcing obedience to this act,

XI. Be it enacted, That the following forfeitures and pines for depenalties shall be incurred for delinquencies, viz, By linquencies. the county lieutenant or commanding officer of a coun ty, for failing to take any oath, to summon any court or board, to attend any court or board, to transmit any recommendation of an officer or officers to the gover nor, to deliver any commission or commissions, to ap point a general master, to attend such muster armed as required, to report delinquencies, to make a general re

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turn of his militia to the governor, as is directed by this act, shall, for each and every such offence or neglect, forfeit and pay twenty pounds; failing to send into actual service any militia called for by the governor, of to turn out his militia upon an invasion or insurrection of his county, fifty pounds: By a lientenant colonel commandant, for failing to take any oath, to attend any court or board, to appoint a regimental muster, to give notice of a general muster, to examine his regiment, to report delinquencies, or to make any return as directed by this act, he shall forfeit and pay for each and every offence or neglect, ten pounds; failing to call forth from his regiment, with due dispatch, any detatchment of men and officers, armed and equipped, as shall from time to time, be required by the commanding officer, on any call from the governor, invasion of, or insurrection in his county, or requisition of a neighbouring county, twenty-five pounds: By a major for failing to take any oath, to attend any court or board, to attend `any mus ter armed as is herein directed, he shall for each and every such offence or neglect, forfeit and pay eight pounds; failing to repair to his rendezvous when suminoned upon any call of the governor, invasion of or insurrection in the county, or requisition of the comman der of a neighbouring county, he shall forfeit and pay sixteen pounds: By a captain, for failing to take any oath, to attend any court, to enroll his company, to appoint private musters, to give notice of a general or regimental muster, to attend any muster armed, to call his roll, examine his company, and report delinquencies, to make any return as is directed by this art, he shall forfeit and pay for each and every such offence and negleet, six pounds; failing to call forth such offi cers and men, as the commanding officer shall from time to time order from his company, upon any call from the governor, invasion of or insurrection in the county, or requisition from an adjacent county, or failing on any such occasion to repair to the place of rendezvous, he shall forfeit and pay twelve pounds: By a subaltern officer, for failing to take any oath, to attend any court or muster armned as directed, for each of the said offences he shall forfeit and pay three pounds; failing to repair to his place of rendezvous armed as re quired, when ordered upon any call from the governor, invasion of or insurrection in the county, or requi

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sition from a neighbouring county, he shall forfeit and pay six pounds. And moreover, the said offcers, for any of the said offences shall be liable to be arrested and tried for the same as military offenders: By a non-commissioned officer or soldier, for failing to attend at any muster, with the arms, ammunition, and equipments, as directed by this act, he shall forfeit and pay ten shillings; failing to repair to his rendezvous, when ordered upon any call from the governor, invasion of or insurrection in the county, or requisition from a neighbouring county, he shall forfeit and pay two pounds. And any magistrate failing to attend any court or board, or to take any oath directed by this act shall forfeit and pay ten pounds. All arms, ammunition, and equipments of the mihi- Arms exemp tia, shall be exempted from executions and distres- ted from exe, ses at all times, and their persons from arrests in tress, and mi❤ civil cases, while going to, continuing at, or returning litia from arfrom musters, and while in actual service. Each court or board, by this act directed to be held, are empowered to appoint a clerk and provost marshal, such clerk shall keep a fair record of their proceedings, and together with the said provost marshall, receive such allowance, to be paid out of the fines arising from delinquencies, as the said court or board shall think reasonable. And whereas the practice of paying for arms and accoutrements by the public, which are lost in service, is productive of the most mischevious consequences, in as much as it takes away a very great incentive to the holding them fast in action, and the preservation of them elsewhere;

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cution or dis

rest.

public ser

Arms lost in

vice not to be

less the loser

XII. Be it enacted, That no arms or accoutrements, paid for, unwhich may hereafter be lost in service, shall be paid for killed or disa by the public, unless the loser shall be killed, wounded, bled. or otherwise incapacitated in the opinion of a courtmartial, from preserving his arms.

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XIII And be it further enacted, That this act shall Repeal of for. commence and be in force, from and after the first mer acis, saday of April next, and thereafter all and every act or acts leges of qua, ving of priviheretofore enacted, for or concerning any matter or kers. thing within the purview of this act, shall be, and the same are hereby repealed. Provided, That this act shall not be construed to deprive the people called quakers of any privilege granted to them by an act of assembly, intituled, "An act to exempt quakers from at

and Norfolk,

Militia of tending musters." Provided also, That the governor, Williamsburg with advice of council, shall have power and authority under same to suspend the operation thereof in the counties on the regulations western waters, so long as they may think proper. ds in counties

1

XIV. And be it further enacted, That the militia of the city of Williamsburg and borough of Norfolk, shall have their officers appointed, and be under the same rules and regulations as the different counties.

[Chapter LXVIII in o riginal.]

Arms and ac

ed.

CHAP. XXIX.

An act for providing arms and ammunition for the defence of the

state.

I. BE it enacted by the General Assembly, That the coutrements governor with the advice of council, be authorized and to be provid. required to purchase on the best terms he can, either in the country or by importation, in the ensuing year, as many thousand stand of arms and accoutrements brass mounted, of the descriptions directed in the militia law, with the words "Virginia militia" engraved thereon, as the money which from time to time may be appropriated for that purpose will purchases

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II. And be it further enacted, That if any such arms to come from and accoutrements shall be imported from Europe, such importation shall be from France,

France.

"

flints. & car

.

A. And be it further enacted, That the governor, Gun powder, with advice of council, shall also in like manner in the tridge paper, same year, and out of the fund herein after provided, to be import import ten tons of musket powder, two hundred thou

cd.

sand gun flints; and one hundred ream of musket car-
tride paper, to be deposited in the public magazines.
And for carrying this act inte execution in the year
one thousand seven hundred and eighty five, the execu-
tive is hereby authorized and empowered to draw ten
thousand pounds out of any money which may be in the
hands of the treasurer, on, or after the first day of July
next, which shall be replaced out of the monies arising
from the land office, so far as the same may not
be al

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