convened.

arsenals, how have power to summon five commissioned officer's of his Regiment, who shall form a court martial, for the trial of any non-commissioned officer or private, of the guard stationed within the said ReNot to pro- giment: Provided, That such court martial shall not have power to pronounce sentence of death in

nounce sen

tence of

death.

In what coun.

ties and towns

be taken

from the mili

tia.

any case.

113. The operation of this act, in regard to takarms not to ing the public arms from the hands of the Militia, and depositing them in arsenals, shall not extend to the counties situated below, or intersected by, the great post-road leading through the territory of this Commonwealth, from north to south, and crossing the principal rivers thereof at or above tide water, nor to the chief towns upon the banks of those rivers, or the counties in which those towns are situated.

Duty of per

public arms,

&c.

114. It shall be the duty of every person in the sons receiving Militia, who hath received, or may hereafter receive, into their possession, any public arms or accoutrements, under the provisions of any act of Assembly, to keep the same in neat and good order, the musket barrel and bayonet free from rust and bright, the lock clean, well oiled, and with a good flint; and to appear with such arms, at every muster, where by law they are obliged to appear, and at all other times, when they may be called on duDuty of offi- ty; and, at all musters, the officers at their respective stations, shall be diligent and careful in training and instructing their men, and inspecting their arms, in noting delinquencies, and making report thereof as herein-after directed.

cers in rela

tion thereto.

Persons about

liver such

any

other

115. If any person in the Militia, possessed of to remove, or public arms or accoutrements as aforesaid, shall be be discharged from militia about to remove out of the limits of the company duty, to de- to which he belongs, or, during such possession, arms to their arrive at the age of forty-five years, or in manner have a right to be discharged from Militia duty, every such person, before such removal, or before he shall be entitled to any such discharge, shall deliver to the officer commanding the company to which he belongs, in good order and unim

eaptain in good order.

sed thereof

paired, such public arms or accoutrements, as may have been delivered to him; and if any person so Duty of expossessed shall die, it shall be the duty of his ex- ecutors, &c. of persons ecutors or administrators, executrix or administra- dying possestrix, to restore such arms or accoutrements, to the officer commanding the company to which his, or her testator, or intestate belonged; and for a failure Penalty for therein, he or she shall be subject to the same fines breach of and penalties, to which his or her testator, or intestate would have been subjected, and that whether he or she have assets in his or her hands or not.

such duty,

sioned officer

out delivering such arms.

116. And where any non-commissioned officer Penalty on or private shall remove out of the limits of his non-commiscompany district, without delivering to some com- or private remissioned officer of the company, in which he stood out enrolled, all arms and accoutrements in his possession, belonging to the public, he shall forfeit and pay the sum of twenty dollars, to be recovered by warrant or attachment, before any justice of the peace, for the use of the Commonwealth.

arms, &c.

117. Every person, in whose possession public Prices at which public arms or accoutrements have been lost or destroyed, contrary to law, shall make satisfaction to the lost or destroyed, shall Commonwealth for the same, to be awarded by the be paid for, Courts of Enquiry, at the following prices:-for a musket, twenty dollars; for a ramrod, one dollar; for a bayonet, two dollars; for a cartouch box, two dollars; for a pistol, five dollars; for a sword, ten dollars; for a pair of holsters, five dollars; and for a rifle, thirty dollars.

for selling,

of bounds of

to defraud

118. If any Militia-man, or other person, shall Funishment sell, buy or give away, any part of the public arms &c, or carryor accoutrements, or carry the same out of the ing arms out bounds of his Regiment, with intent to defraud the regiment, Commonwealth, he shall be considered as guilty of with intent a misdemeanor, and being convicted thereof, at Common any time within five years, on information or indictment, in any county or superior court of law, shall be amerced in a sum not exceeding fifty dollars, and imprisoned for a term not exceeding twenty days, at the discretion of a jury,

wealth.

Duty of cap. tain to inspect arms from

and report delinquen cies.

recover arms

mbezzled or

119. It shall be the duty of the commanding officers of companies, from time to time, to inspect the time to time, public arms, and accoutrements in possession of the non-commissioned officers and privates of their companies; and, where it shall appear to him that any such arms or accoutrements are not in the condition required by this act, it shall be the duty of such officer to report the same as other delinTo proceed to quencies; and, if it shall at any time come to his knowledge, that any one of his company has emcarried away. bezzled or disposed of his arms or accoutrements, or has removed out of the limits of his company, without delivering them up, as herein-before directed, in all such cases, it shall be his duty immediately to proceed by and under the authority of a warrant, according to law, issuing from any justice' of the peace of the county or counties, where such arms or accoutrements, or any part thereof, are supposed to be, to regain possession of such arms or accoutrements, wherever the same may be found; And to bring and it shall moreover be the duty of such captain punishment. to proceed as is herein directed, to bring to punishment, according to this act, every person offending in the disposing, buying or concealing, such

offenders to

Duty of majors and colo

company mus

arms, &c.

arms or accoutrements.

120. It shall be the duty of the officers commannels to attend ding Battalions, to attend the musters of each ters, inspect company within his Battalion,* at least once in every year, for the purpose of reviewing such company, inspecting its arms and accoutrements, and instructing it in the drill of the company. And it shall be the duty of the commandants of regiments, in like manner, to attend each muster in their respective Regiments, for the purpose of reviewing the same and inspecting their arms and accoutre

Penalties on

officers for

ments.

121. If any officer commanding a company, shall breach of du- fail to comply with the duties prescribed by this ty, in relation act, in relation to the preservation of the public on of public arms, he shall forfeit and pay twenty dollars. And

to preservati.

arms,

* So in the roll.

if any Major or commandant of a Battalion, shall fail to comply with the said duties, he shall forfeit and pay thirty dollars; and commandants of regiments, failing to comply with the said duties, shall, for every failure, forfeit and pay forty dollars each.

122. It shall be the duty of the commanding offi- Delinquen cers of companies to report the delinquencies, in cies to be reported by cap. relation to the public arms and accoutrements, of tains. all non-commissioned officers and privates in their respective companies; and it shall be the duty of Majors, Majors or Commandants of Battalions, to report the delinquencies of the commanding officers of companies within their Battalions; and it shall be And colonels. the duty of the commandants of Regiments, to report the delinquencies of commandants of Battalions, within their Regiments, to the proper Courts of Enquiry.

123. The Executive shall, and they are hereby Uniform of authorised, to declare by proclamation, what shall militia declared by execube the uniform of the Militia of this Common- tive proclamawealth; and the several officers shall be governed tion.

accordingly.

act, and arti

distributed.

clause.

124. The Executive shall cause to be printed Copies of this and distributed so many copies of this act, toge- cles of war, to ther with the articles of war, as revised by the be printed and Congress of the United States, as will be sufficient to furnish to each commissioned officer one copy. 125. All acts and parts of acts, coming within Repealing the purview of this act, shall be and the same are hereby repealed; Provided, however, That all Proviso. rights and remedies, fines, penalties, forfeitures and proceedings, heretofore accrued, incurred or commenced, shall be and remain in the same state and condition as if this act had never been passed. .126. This act shall commence and be in force Commence. from and after the first day of January eighteen ment. hundred and twenty.

AN ACT

To reduce into one act, the several acts now in force, regulating impresses; and the compensation to individuals, for property taken, or occupied for public uses.

[Passed February 11, 1819.]

Prohibition of 1. Be it enacted by the General Assembly, That, impressments if any officer, soldier, commissary, quarter-master, without legal authority. or other person, shall presume to take from any citizen or citizens of this Commonwealth, any part of their property by way of impress, unless it be by warrant from the Executive in case of actual invasion, or by the sheriffs or sergeants removing criminals, or in such other cases as are or shall be Offender may expressly allowed by law, it shall be lawful for any be arrested by magistrate in the county or corporation, where the any magis. offence is committed, upon information on oath, to trate of the issue his warrant for the immediate taking and safe keeping of such offender or offenders, till they are delivered by due course of law; and all officers of the militia are hereby enjoined to support the civil power in securing and bringing such offenders to justice. (a)

warrant from

county or corporation.

Impressments

for public use

2. Whenever it shall be necessary to impress any (for other than property for the use of the Commonwealth, (for other military pur- than military purposes,*) it shall be the duty of the poses.) how to be made. officer or person who impresses the same, to apply to a justice of the peace of the county wherein the property shall be impressed, who shall cause the Appraisers to same to be appraised by two disinterested respectbe appointed. Certificate of able house-keepers, sworn for that purpose, and if it property lost shall so happen, that the property so impressed is in public ser- totally destroyed or lost in the service of this Commonwealth, so that the same cannot be returned to the owner, the officer, or person who impressed the property, shall so certify: upon the owner produ

or destroyed

vice.

Owner how to be paid,

(a) Nov. 1781, c. 36-edi. 1794, 1803 and 1814, c. 121, § 1. The words within the parenthesis, inserted at the revisal of 1818.