Sheriffs to collect into the treasury. tion. fair record of the proceedings of such courts, as also of the roster returned by the several captains or commanding officers of companies for regular rotine of duty, and shall make out for the sheriff a fair list of all the fines assessed by the regimental and battalion courts; and one other list, which shall be transmitted to the auditor on or before the first day of May next after such regimental court of enquiry was holden, in each year, and all other duties required by this act, and, together with the provost martial, shall receive such allowance to be paid out of the fines, as the court shall think reasonable. 32. All fines to be assessed by virtue of this act, shall be colfines and pay them lected by the sheriff of the county, upon a list thereof, certified by the clerk of the court of enquiry, and delivered to the sheriff on or before the first day of January in every year; but no fine imposed at any court of enquiry shall be put into his hands before a subseTheir compensa quent court of enquiry shall have intervened; the sheriff shall give his receipt therefor, and having deducted a commission of six per centum, shall account for and pay the residue into the public treasury, on or before the fifteenth day of December next thereafter, under the same penalties, and subject to the same mode of recovery, as are prescribed by law with respect to the collection of the taxes. 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 distress and sale therefor: Provided nevertheless, That the commanders of regiments, shall have power for good cause shewn, and where it shall appear that any non-commissioned officer or private had it not in his power to attend the regimental court of enquiry, to offer his excuse, to suspend the collection of said fine, until the next regimental court of enquiry, by a written order to the Further proviso. clerk of such court or to the sheriff, as the case may be: Provided, Such application is made before the first day of March next after the said fine shall have been imposed; which said regimental court of enquiry shall order and adjudge as if such excuse had been offered in due time. May distress for fines after 1st of May. How fines due by visible property may be collected. 33. And be it further enacted, That if any person on whom any persons not having fine shall be imposed shall not have any visible property, it shall be lawful for the sheriff to attach the effects or money of such delinquent in the hands of any person, and it shall be lawful for such garnishee to satisfy and pay the amount due on account of such fines; and it shall be a discharge for so much against such delinquent, but if he shall refuse or fail to pay the said amount it shall be the duty of such sheriff to summon such garnishee before the nearest justice of the peace for such county, informing him the precise time he shall appear, and if he shall appear and on oath confess that he has effects in his hands, or stands indebted to such delinquent sufficient to satisfy such fine and costs, or if he shall fail to appear, it shall be lawful for the said justice to award execution against such garnishee for the amount thereof, or so much as shall appear to be in his hands, including sixty-three cents, as a fee to such sheriff: Provided, That before such justice shall award any execution for default, he shall require an oath that such garnishee was duly informed of the time of such application. Sheriffs to pay all drafts drawn by the lieut. colonel commandant by the 1st October. 34. And be it further enacted, That the sheriff of each county shall on or before the first day of October in every year, pay and satisfy all drafts of the lieutenant colonels commandant, drawn as hereinafter directed, for any purpose authorized by law, and on be made to county courts, &c. 35. The commanding officer of every regiment shall, on or before Return of drafts to the first day of December, in every year, render to the county or corporation court, an account of all the drafts made by him on the sheriff or collector, for such requisites as under this act he is authorized to purchase or procure, specifying therein the particular articles for which such drafts were given, and the passing of such account by the court, shall exonerate such officer from any claim by the commonwealth. whom to be col 36. And be it further enacted, That if it shall have so happened Lists not returned that lists of fines have not in due time been delivered to a sheriff in due time by for collection, any succeeding sheriff shall and is hereby directed to lected. receive such lists, and shall collect and account for the same, in like manner with other fines placed in his hands for collection. 37. Whatever fines shall be thus paid into the public treasury by How the fund virtue of this act, shall be held as a fund for defraying the salaries arising from fines shall be applied. of the officers hereinafter mentioned, and equipping and furnishing the militia with all necessary apparatus for the defence and security of the state, and the treasurer shall keep a separate book for the same and the expenditures thereof. 38. The lieutenant colonel commandant shall cause to be pur- Colours, drum and chased out of the money arising from the fines, a set of colours for fife to be furnished each regiment and each regiment, and also a set of colours for each battalion; he shall battalion. also procure in like manner for each company, a drum and fife or buglehorn; and on the colours and drums shall be marked the number of the regiment and the battalion, together with the name of the county to which they belong. advanced money ed. 39. And whereas it is represented that sundry captains of com- Captains who have panies have already advanced money for the purchase of drums, for their compa fifes and colours for the use of their respective companies, Be it nies, how refundenacted, That in such cases the sheriff, upon a certificate from the lieutenant colonel commandant of the regiment to which such captain shall belong, shall refund the money to the said captain, which shall have been thus advanced, for which the sheriff shall have credit in the settlement of his account with the auditor. fied, to be allowed 40. And whereas sundry other charges and expences are autho- Drafts and insolrized herein, Be it enacted, That the sheriff having a draft or drafts vencies duly certifrom the lieutenant colonel commandant, shall be authorized to dis- by the auditor. charge the same, for which, as well as all insolvencies duly certified by the clerk of the court of enquiry, he shall be allowed on a settlement between the auditor and sheriff. to the court of en 41. And be it further enacted, That it shall be the duty of the Shoriffs to return sheriffs who undertake the collection of militia fines, to return be- lists of insolvents fore the next succeeding regimental court of enquiry, after receiving quiry, to be exaa list of such fines, a list of all insolvencies within such regiment, fied by their clerk. mined and certi In case of invasion or insurrection, tia. to be examined by said court, who shall judge of such insolvents, and shall direct their clerk to certify a part or the whole of any such list as to them shall seem just. 42. And be it further enacted, That the governor with the adthe executive shall Vice of council, be authorized and empowered, on an invasion or call out the mili- insurrection, or probable prospect thereof, to call forth such a number of the militia and from such counties as they may deem proper, and for the accommodation, equipment and support of the militia, so at any time to be called forth, the governor with the advice aforesaid, may appoint such quarter masters, commissaries and other staff, as to him shall seem proper, and fix their pay and allowances; and shall also take such measures for procuring, transporting and issuing all orders which may be necessary, as to him shall seem best; orders for the militia to be called forth as aforesaid, shall be sent to the commanding officers of brigades, with a notification of the place or places of rendezvous, who shall immediately take measures for detaching the same, with the necessary number and ranks of officers by detail and rotation of duty. Impressments to be made by the lieutenant colonel commandant. A second call of the militia may be made if the first 43. The lieutenant colonel commandant, or commanding officers of regiments from which detachments are drawn, shall cause to be procured by impressment or otherwise, for each company, a waggon, team and driver, six axes, and six camp kettles or pots, of convenient size, all which shall be delivered to the commanding officer of the company, who shall be accountable for returning the same when his tour is over, and the articles aforesaid shall be returned to the owners, who shall be allowed for the use of the same whatever shall be adjudged by the court hereinafter appointed for enquiring into delinquencies; and to the end if any article impressed by virtue of this act, to be valued by two or more freeholders on oath, before the same shall be sent away, and upon proof being made of any article being lost, the valuation thereof shall be allowed without any allowance for the use, and the said allowance shall be certified to the auditor of public accounts. The said court shall make inquiry into the cause of such loss, and if it shall appear that the said loss was occasioned by the misconduct or inattention of any officer, the lieutenant colonel commandant or commanding officer, is hereby authorized and required to prosecute a suit against such officer for the recovery of damages for the use of the commonwealth. 44. And if it shall appear to the executive upon calling forth the militia as aforesaid, that the necessary number and ranks of officers proves insufficient. Will not attend the detachments for officering them at the places of rendezvous, the governor, with the advice of council, is hereby authorized and required to appoint such officers as may be necessary from the counties called upon as they may think proper to join the detachments so raised. If a sudden invasion shall be made into any county in this commonwealth, or in case of an insurrection in any county, the commanding officer of the militia in such county is hereby authorized and required to order out the whole, or such part of the militia as he may think best, for repelling or suppressing such insurrection, and shall call on the commanding officers of regiments in the adjacent counties for such aid as he may think necessary, who shall forthwith in like manner furnish the same. When in actual service to be go. 45. Whenever any militia shall be called forth into actual service verned by the arti. as aforesaid, they shall be governed by the articles of war, which cles of war of the govern the troops of the United States. And courts martial shall U. States troops. cer of every batta be held as therein are directed, to be composed of militia officers only, for the trial of any person in the militia: but to the cashiering of any officer, or capital punishment of any person, the approbation of the executive shall be necessary; and when any militia shall be in actual service of the state, they shall be allowed the same pay and rations as are allowed by law to the troops of the United States. 46. And be it further enacted, That the commanding officer of Commanding offievery battalion shall, from time to time, as he may deem it neces- lion to appoint a sary, appoint an officer, or non-commissioned officer, as the case patrole. may be, and so many men of the militia as to him shall seem necessary, once in every month, or oftener if thereto required by such officer, to patrole and visit all negro quarters and other places sus- Their powers and duty. pected of entertaining unlawful assemblies of slaves, servants, or other disorderly persons as aforesaid, unlawfully assembled, or any others strolling from one plantation to another without a pass from his or her master or mistress, or overseer, and take them before the next justice of the peace, who, if he shall see cause, is hereby required to order every such slave, servant, stroller or other disorderly person as aforesaid, to receive any number of lashes, not exceeding twenty, on his or her bare back; and in case one company of patrollers shall not be sufficient, more companies may in like manner be ordered for the same service, and after every patrole the officer of every party shall once in every three months, at least, or oftener if required by the commander of the battalion, return a report in writing upon oath, to the court of the county in which he shall reside, and if the said court shall judge the said patrollers to have per- Their pay. formed their duty, they are hereby empowered to levy seventy-five cents for every twelve hours each of them shall so patrole; and Penalty for failure every officer failing to appoint påtrollers according to the directions of duty. of this act, shall forfeit and pay twenty dollars for every such failure; and every serjeant failing to notify the number of privates ordered by such officer, or to attend such patrole, shall forfeit and pay for every such failure three dollars; and every patrole failing to attend and do his duty, shall forfeit and pay one dollar; which fines shall be laid, collected, accounted for, and appropriated as is herein directed in other cases of fines. the adjutant gene spectors. 47. And be it further enacted, That the adjutant general shall be Compensation to allowed three hundred dollars per annum, to be paid quarterly, as a ral full compensation for al! the duties imposed on him by law; and To the brigade ineach brigade inspector shall be allowed eight dollars for every day he shall attend the training and regimental muster, and ten cents per mile he shall necessarily travel in going and returning, which shall be certified by the commanding officer of such regiment, and paid by the treasurer on warrant from the auditor, out of any money in the treasury. And if he shall fail to attend at any time, it shall For failing to atbe lawful for such commandant to appoint some officer to perform officer to perform the duties required of such brigade inspector, who shall receive the their duty, and fined unless good same compensation per day, and which shall be certified in the same excuse be given. manner as is herein before directed in the case of the brigade inspectors for their attendance, and the said brigade inspectors shall moreover be liable to a fine of twelve dollars for every day they shall fail to attend without having a reasonable excuse. tend, some other annual returns. 48. And it shall be the duty of the said brigade inspectors to They shall make make their annual returns to the adjutant general, on or before the How judgment shall be awarded for penalties in inspectors. first day of April in every year, under the penalty of fifty dollars for every failure. 49. And for the purpose of ascertaining what tribunal shall have power to award judgment for penalties herein imposed on brigade curred by brigade inspectors for a failure of duty, Be it further enacted, That it shall be the duty of the commanders of regiments wherein any delinquency shall take place, or the adjutant general, where any brigade inspector shall fail to make his return as herein directed, to inform the brigadier general, commanding such brigade thereof, who shall thereupon lay the same before the regimental court of enquiry, within the bounds of which such brigade inspector shall reside; and it shall be the duty of such court to direct that notice be given to him to appear at the next succeeding regimental court of enquiry at which, if such notice. has been given, the matter shall be determined as in other cases of delinquencies; which fines shall be collected and accounted for as other fines. Commanding offi cers may receive any officer of his 50. The commanding officers of regiments are hereby empowthe commission of ered to receive the commission of any officer of his regiment, who may think proper to resign, and shall notify such resignation to the next succeeding court, in order that such vacancy may be supplied. regiment resign ing. Arms, ammuni tion, &c. free and persons from 51. All arms, ammunition and equipments of the militia, shall be from executions, exempted from executions and distresses at all times, and their persons from arrests and process in civil cases, while going to, coning and returning tinuing at, or returning from musters, and while in actual service. 52. The militia of the city of Williamsburg, city of Richmond, and borough of Norfolk, shall have their officers appointed, and be under the same rules and regulations as the different counties. arrests while goor on duty. How fines incurred by infants and apprentices shall be paid. A regimental staff to be appointed. Their duty and pay. 53. The fines and penalties incurred by infants and apprentices for the breach or neglect of their duty, in any particular service by law required of them shall be paid by the parent, guardian or mas ter. 54. It shall be lawful for the lieutenant colonels commandant, and they are hereby required to appoint a regimental staff, to consist of one adjutant, one quarter master, one paymaster, one surgeon, and one surgeon's mate; and it shall be the duty of the adjutant, to attend the several regimental and battalion musters, as also the inceting of the officers within his regiment, to assist in the necessary training of the militia, and shall receive for such service such compensation as shall be adjudged and allowed by the regimental court of enquiry, to be paid by order of the commanding officer of the regiment, out of the fines to be collected by virtue of this act. Persons may be 55. And whereas inconveniences have arisen from the want of a employed to convey the major and safe and speedy conveyance of orders from the major and brigadier brigadier generals' generals to the commanding officers of corps, respecting the militia orders. of this commonwealth for remedy whereof, Be it enacted, That the major generals and brigadier generals are hereby empowered and authorized to employ some person within their respective districts to convey all such orders, who shall be exempt from all other militia duty, and shall receive such compensation as the court of enquiry of the regiment in which district he shall reside shall think proper, on his producing a certificate to the court of his having disHow to be paid. charged the said services. And it shall be the duty of the auditor by order of the executive to issue his warrant on the fund aris Their pay. |