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assigned by law to the commissioners of the revenue, except so far as is herein expressly directed.

8. This act shall commence and be in force from the passing thereof.

Commencement.

vived.

value estate be. fore sold.

Chap. 6.–An ACT concerning the sale of property under executions and in

cumbrances.

(Passed February 1, 1808.) Replevy law re 1. Be it enacted by the general assembly, That so much of the

act passed on the tenth day of December, one thousand seven hundred and ninety-thrce, entituled, "An act for further continuing and amending the act, entituled, 'An act for reducing into one the several acts concerning executions and for the relief of insolvent debtors,'” as directs, that when goods or other estate taken in execution, cannot be sold for three fourths of their value, the debtor or debtors may give bond and security to pay the debt within twelve months, or that the said goods or other estate may be sold on twelve months credit; and every part of the said recited act as concerns such executions, either in the appointment of commissioners to carry the same into effect, or for the direction of the sheriff or other officer, or the clerk of any court in suing out execution on any such bond, or of any other person whomsoever, and of every matter or thing thereto appertaining, shall be, and the same is hereby declared to be in full force: And all courts, sheriffs and other officers, as well as the parties concerned, are to govern themselves accordingly, any

thing in any law to the contrary notwithstanding. Commissioners to 2. Be it further enacted, That before any commissioners ap

pointed by the decree of any court of chancery to sell any real or personal estate, or any trustee under any deed of trust hereafter executed, shall proceed to sell the estate decreed to be sold, or conveyed in trust, the commissioners directed to be appointed by this

act, or any three of them, shall value the estate intended to be sold Not to be sold for on the request of the creditor; and if three fourths at least of the fourths of its va estimated value shall not be offered by the highest bidder, the es

tate shall not be then sold, nor shall it be at any time thereafter sold during the continuance of this act for less than three fourths of such estimated value. The valuation shall be made and entered in writing, signed by the commissioners or any three of them, and de

livered to the commissioners appointed by the courts of chancery, Allowance to com- and to the trustees respectively. The commissioners who may act

by virtue of this section, shall be entitled to the sum of one dollar for each day they shall be employed, to be paid by the creditor, to

be taxed in the bill of costs. Provisions not to 3. The provisions of this act shall not extend to executions which extend to attor nies, sheriffa, &c. may issue against any sheriff or other public officer for delinquen

cies, or failing to pay money received on executions, nor to executions which may issue against any attorney at law for money re

ceived in behalf of his client or clients. Property how to 4. All valuations of property made or to be made by commis

sioners shall be according to the ordinary value of property before the first of December, one thousand eight hundred and seven.

5. The provisions of this act shall not be construed to extend to any bank, &c.

any execution issued upon any judgment obtained by any bank established by law.

luo.

missioners.

be valued.

Not to extend to

6. The provisions of this act shall extend to executions issued by Provisions of this any justice of the peace, mayor or alderman, for all sums exceeding not to extend to ten dollars, exclusive of costs; and the constable or other officer ten dollars. taking any bond by virtue of this act shall return the same within thirty days to the clerk's office of the county in which such execiltion shall have issued, to be proceeded on as other replevy bonds. And all executions which shall be awarded on forthcoming bonds executed before the commencement of this act, shall be proceeded in as other executions: but the proceedings on all forthcoming bonds executed thereafter shall be as heretofore.

7. So much of this act as authorizes the appointment of commis- Commencement. sioners shall be in force from and after the passing thereof, and the several county and corporation courts shall appoint such commissioners at their next February terms, or as soon thereaster as practicable; and the residue of this act shall commence and be in force from and after the first day of March next, and continue in force until the expiration of thirty days after the discontinuance of the embargo laid by the congress of the United States during the present session. But so much of this and the above recited act, as authorizes and directs the manner of proceedings on replevy bonds taken by virtue of this act, shall be and the same is hereby made perpetual.

fifer.

Chap. 7.–An ACT further to amend the laws respecting the militia of this

commonwealth.

(Passed February 9, 1808.) 1. Be it enacted by the general assembly, That until a sufficient Officer commandnumber of drummers and fifers shall be procured for each regiment ing may employe of militia, agreeably to the fifty-sixth section of the law passed the twenty-eighth day of January, one thousand eight hundred and four, it shall be lawful for each officer commanding a battalion or company, to employ a drummer and fi fer to attend his muster, and the drummer and fiser so attending shall be paid out of the militia fines collected in the regiment to which such battalion or company may belong, a sum not exceeding one dollar and twenty-five cents each. And the captains of light companies are hereby authorized and Captains of light empowered to enlist such musicians as they may think necessary enlist musicians. for the service of their respective companies; but any musician so enlisted, shall not be entitled to any compensation unless when in actual service.

2. And be it further enacted, That until proper musicians can Captain of cavalry be trained in the several troops of cavalry in this commonwealth, it may employ trumshall be lawful for the captain commanding any such troop, to employ a trumpeter to attend on any regular parade of said troop, whose services shall be paid for out of the like fund and in like manner as is provided for musicians in the infantry by the above section.

3. Be it further enacted, That every non-commissioned officer Fines for not atand soldier failing to attend any regimental, battalion or company

tending muster. muster, (not having a reasonable excuse, to be judged of by the battalion or regimental courts of enquiry,) shall be fined in a sum not less than seventy-five cents nor more than three dollars; which fines, when assessed, shall be collected and accounted for as heretofore.

peter.

Court martial to 4. Be it further enacted, That whenever a court martial shall be appoint a clerk. convened for the trial of any commissioned officer, it shall be law

ful for such court to appoint such person as the members thereof His compensation. may think fit, to act as clerk or judge advocate; and the clerk or

judge advocate so appointed shall receive a compensation for his services, to be judged of by the court before whom he shall have rendered the same, and to be paid out of the contingent fund. And the person appointed to summon any such court martial shall receive compensation for his services, to be adjudged and paid in like

manner.

more than one

battalion.

ranks.

ad.

Number of wit 5. And be it further enacted, That whenever a court martial shall nesses to each fact.

hereafter convene for the trial of any commissioned officer, it shall not be lawful to summon more than three witnesses to depose to the same fact, and if more be summoned, their attendance shall be paid

by the party at whose instance they shall attend. No commissions to 6. Be it further enacted, That hereafter no commissions shall be be granted for

granted for more than one company of grenadiers, light infantry or light company to a riflemen to each battalion of the militia of this commonwealth. So

much of any act as directs that caps and uniforms for grenadiers, light infantry and riflemen shall be purchased out of the money arising from fines on delinquents, shall be and the same is hereby

repealed. Penalty for failing 7. Be it further enacted, That if any non-commissioned officer to go into the

or private, at any muster, shall fail to go into the ranks when required, or to perform any order given, (not having a reasonable excuse, to be judged of by a court of enquiry,) such non-commissioned officer or soldier shall be fined in a sum not less than five

nor more than ten dollars. Number of men in 8. Be it further enacted, That no company of militia shall exa company limit

ceed the number of eighty nor be less than forty rank and file, and whenever any company district shall contain more than eighty persons, subject to be enrolled in the militia, by the captain or commanding officer thereof, the same shall be divided into two districts, to be established in the same manner that other districts are by law directed, which new district shall constitute an additional company to the battalion of which it is a part; and whenever any company of militia shall be reduced to less than forty rank and file, such company shall be so apportioned in the other companies of said battalion as may be agreed upon by the regimental court of enquiry. And the commissioned officers of any company so reduced, shall be considered as supernumerary, but shall fill the next vacancy corresponding with their rank, that may occur in the company within the

bounds of which they may reside. Battalion court of 9. And be it further enacted, That whenever any battalion court enquiry failing to, of enquiry shall fail to meet on the day appointed for such meeting, meet, one member may adjourn.

it shall be lawful for one member to adjourn the said court from day to day until a board shall be formed.

10. Be it enacted, That in all cases where the fund arising on any regiment fall militia fines in any regiment of militia in this state, shall not be sufmade good out of ficient for the payment of any draft or drafts hereafter to be made the treasury, &c.

by the commandant of such regiment in favour of any adjutant, clerk of courts of enquiry, provost martial or musician in such regiment, the same shall be paid out of any money in the treasury arising from militia fines.

Militia fino fund in

rized to contract

to attend musters.

11. Be it enacted, That the executive be authorized to contract Executive authofor the making three hundred rifles annually, by such persons as

for making rifles. they may think best qualified, to be distributed to such parts of the militia as shall be thought proper, and to order payment for the same, when satisfactory evidence of a compliance with the contract shall be made to them, to be paid out of any money in the treasury not otherwise appropriated, and in proportion to contracts entered into for this purpose, cause a diminution of rifles to be made at the arınory: Provided, That the cost of each rifle complete shall not exceed fifteen dollars.

12. Be it enacted, That the executive be, and they are hereby Executive to furauthorized to procure and furnish to each commissioned officer of nish to cavalry of

ficers treatise on the cavalry, a copy of a late work on the discipline of cavalry and cavalry discipline. the use of the broad sword, published by Seaton Grantland. And the executive shall cause to be printed and distributed, so many copies of the militia laws in force after the commencement of this act, together with the articles of war lately revised by the congress of the United States, as will be sufficient to furnish to each commissioned officer one copy.

13. Be it enacted, 'That any adjutant, who shall fail to attend Fines on certain any regimental or battalion muster, or any other meeting of the

officers for failing

regiment or battalion, without having a reasonable excuse, shall forfeit and pay the sum of twenty dollars, to be assessed by the regimental court of enquiry; the quarter master and pay master, the surgeon and surgeon's mate, for failing to attend the regimental muster, not having a reasonable excuse, shall forfeit and pay the sum of fifteen dollars, to be assessed in like manner; and the sergeant major for failing to attend the regimental or battalion musters, or the annual training of the officers, not having a reasonable excuse, shall forfeit and pay the sum of five dollars, to be assessed by the regimental court of enquiry.

14. Be it further enacted, That officers to whom commissions Officers of volunhave issued to raise volunteer companies, attached to any battalion

teer companies or regiment of the militia of this commonwealth, shall not sit in martial, &c. till courts martial, till their companies are complete and a return shall are complete. have been made of their strength to the commandant of the regiment. When commissions shall hereafter issue for the purposes aforesaid, the officers shall not qualify to their commissions until their companies shall be complete, and a return thereof shall have been made as aforesaid. And until a volunteer company shall have Persons enlisting been completed and return made as aforesaid, no person thereto in poche companies belonging, shall be exempt from the militia duty he was bound to duty till they are

completo. perform in the company to which he belonged. Enlistments into volunteer companies shall be for three years at least, and not for more than five. The keeper of the penitentiary and his assistants, Keeper of penishall be exempe from militia duty, and the cryers of the court of teretary and others appeals and chancery district courts shall be exempt from fines for tia duty. failing to attend the musters which may happen during the sitting of their respective courts.

15. And be it further enacted, That it shall not be lawful for the Executive not to executive to organize or establish any regiment, battalion, or com

officers, unless aupany, or to conmission any officer to command any regiment, bat- thorized by law. talion or company, unless such regiment, battalion or company, shall have been previously established by the laws of this commonwealth, or unless the executive shall have been, or shall be expressly

not to sit in courts

commission any

who

Clerk of a court

an oath

authorized to establish or organize the same; and every person to whom any commission shall have issued heretofore contrary to the provisions of this section, shall not be exempt from militia duty,

nor be entitled to any rank by virtue of such commission. Expresses to be 16. And be it further enacted, That every person employed by puid.

any lieutenant colonel commandant, as an express in pursuance of any order from the executive, or of any major general, or brigadier general, shall receive such compensation as the court of enquiry of the regiment where such person was so employed shall determine,

to be paid out of the militia fines of such regiment. Person aggrieved 17. And be it further enacted, That every person

may think by sentence of a court martial, how

himself aggrieved by the judgment of any court martial, shall, within to proceed. ten days thereafter, file a notice in writing with the judge advocate,

stating that he intends to appeal from such judgment, and shall, within ninety days after the filing such notice, prosecute his appeal; otherwise the judgment of such court shall be final, as if the same had been approved by the executive.

18. And be it further enacted, That.every clerk of the courts of of enquiry to take

enquiry, shall take an oath faithfully to execute his duty, to be ad

ministered by the president of the court, before such clerk shall proPenalty on him for ceed to act as such. And every such clerk failing to furnish the shebreach of duty. riff, sergeant, or other collector of his county or corporation with

a list of the fines due within his bailiwick, corporation, or district, or to certify the list to the auditor of public accounts, as directed

by law, shall be subject to a fine of fifty dollars for every failure. Duty of comman. And it shall be the duty of every lieutenant colonel commandant to dant.

certify within ninety days after the meeting of his regimental court of enquiry, annually, the name of the clerk of such court of enquiry. And every lieutenant colonel commandant failing herein, shall forfeit and pay the sum of fifty dollars for every failure. And it shall be the duty of the auditor of public accounts to certify every such failure to the lieutenant colonel commandant of the regiment wherein the same happened, to be by him laid before the next regimental court of enquiry, who shall proceed to adjudge such fine against the delinquent as in other cases; and the fines so imposed shall be collected and accounted for as other fines are by

law directed. Penalty on briga 19. And be it further enacted, That every brigadier general faildiergeneral failing ing to appoint or direct the training of officers in any regiment, or of officers. failing to appoint regimental musters as directed by law, shall for

feit and pay not less than fifiy, nor more than two hundred dollars for every failure, to be adjudged by the court of enquiry of the regiment within the limits of which he may reside. And it shall be the duty of the lieutenant colonel commandant, in whose regiment such failure shall happen, within thirty days thereafter, to certify the same to the president of such court of enquiry, whose duty it shall be to cause notice to be given to such brigadier general; and such court of enquiry shall, at their ensuing session, proceed to adjudge such fine as in other cases; saving to the party aggrieved, the right of appeal to the executive, under the regulations herein before mentioned; and the fines so imposed shall be collected and

accounted for as in other fines. Who may admin 20. Be it further enacted, That the oaths prescribed to be taken nister au path to a by a militia officer, may be administered by any justice of peace of militia officer.

a county, or mayor, or alderman of any corporation within this com

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