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of offences, as they are to be viewed in a military light, as well as for enquiring into delinquencies and assessing fines thereon.

Governors

county heu.

er over offi.

cers.

IX. Be it therefore enacted, That the governor, with the advice of council, shall have power to arrest the power over county-lieutenant, or commanding officer of a county, tenant. 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 command-County-heuing officer of a county, may also be arrested by such tenants pow. commanding officer, and reported to the governor for trial, or at the option of such commanding officer, a general court-martial, to consist of thirteen officers, may, by his order, be held in the county for trial of such as shall be under the rank of a field-officer. The Courts mart president of the said court shall be a field-officer, and al how to be six at least of the members shall be captains; and where constituted there is not a sufficient number of officers in any county to constitute 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, censure 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 offeuding, shall be tried by a like general court-martial, and may, ou conviction, be censured or fined, at the discretion of the court. For obtaining the necessary evidence for the trials aforesaid, the governor, 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.

X. And be it further enacted, That the commander Court of euof a county shall, on some day in the months of May quiry and as and November (his general muster being over) sum- sessment of mon all his field-officers and captains, a majority of fines, how to whom, one being a field-officer, shall form a court of ted. The said court shall enquiry and assessment of fines. take the following oath, to be administered by any one

be constitu

of the field-officers to the otlier members, and afterwards by any one of them to him, to wit: "I- do swear that I will truly and faithfully enquire into all delinquences which appear on the returns to be laid before me, and will assess the fines thereon as shall seem just, without favour, partiality, or affection. So help me God."The county lieutenant shall then lay before the said court, all the delinquencies as directed by this act, whereupon they shall proceed to hear and determine Fines, how to on them. All fines to be assessed by virtue of this act, be collected; 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 Januhow to be ac- ary, in every year, who shall account for the same to counted for. 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 When dis- 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 distress and sale therefor, in the same manner as is directed in the collection of the 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 there shall remain 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,

trained for.

When accounted for

with the executive.

Forfeitures and delin. quencies. County lieu.

tenant.

XI. Be it enacted, That the following forfeitures and penalties shall be incurred for delinquencies, viz. By the county-lieutenant or commanding officer of a county, 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 governor, to deliver any commission or commissions, to appoint a general muster, to attend such muster armed as required, to report delinquencies, to make a general return 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, or to turn out his militia upon an invasion or insurrection of his county, fifty pounds: By a colo- Colonel. nel, for failing to take any oath, to attend any court or board, to appoint a regimental muster, or give notice of any 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 detachment 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 insurrec tion in his county, or requisition of any neighbouring county, twenty-five pounds: Lieutenant-colonel or major, for failing to take any oath, to attend any court or board, to attend any muster armed as is herein directed, they shall respectively for each and every such offence or neglect, forfeit and pay eight pounds; failing to repair to their rendezvous when summoned upon any call of the governor, invasion of, or insurrection in the county, or requisition of the commander of a neighbouring county, they shall each forfeit and pay sixteen pounds: By a captain, for failing to take an oath, to attend any court, to inroll 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 directed by this act, he shall forfeit and pay for each and every such offence and neglect, six pounds; failing to call forth such officers and men, as the commanding officer from time to time shall 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 Subaltern. officer, for failing to take any oath, to attend any court or muster, armed as directed, for each of the said offences he shall forfeit and pay three pounds; failing to repair to the place of rendezvous, armed as required, 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 six pounds: And moreover, the said officers for any of the said offences, shall be liable to be arrested and

Captain.

Non commis- tried for the same as military offenders:

ed officers and soldiers.

Officers of

By a noncommissioned 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. Arms ex- All arms, ammunition, and equipments, of the militia, empted from shall be exempted from executions and distresses at all execution; & men when times, and their persons from arrests in civil cases, from arrest. while going to, continuing at, or returning from 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-martial; such clerk shall keep a fair record of their proceedings, and together with the said provost-martial, receive such allowance, to be paid out of the fines arising from delinquencies, as the said court or board shall think reasonable. No arms or accoutrements, which may hereafter be lost in service, shall be paid for by the public, unless the loser shall be killed, wounded, or otherwise incapacitated in the opinion of a court-martial, from preserving his Williams. arms. The militia of the city of Williamsburg and burg and borough of Norfolk, shall have their officers appointed Norfolk. and be under the same rules and regulations as the different counties.

court.

Lost arms, when to be paid for.

Resignation of officers.

XII. And be it further enacted, That the countylieutenant or commanding officer of each county, is hereby empowered to receive the commission of any captain, or other inferior officer in his county, who may think proper to resign, and shall notify such reQuakers and signation to the next succeeding court, in order that

menonists.

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such vacancies may be then supplied: Provided, That
nothing herein contained shall be construed or taken to
deprive the people called quakers or memnonists, of any
privilege granted them by any former law. Provided
also, That the governor, with advice of the council,
is hereby empowered to suspend the operation of this
act in the counties on the western waters, so long as
they may think
proper.

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XIII. All and every act and acts heretofore made for regulating and disciplining the militia, and guard. ing against invasions and insurrections, shall be, and the same are hereby repealed,

CHAP. II.

An act for the appointment of harbour masters, and declaring their duty.

I. WHEREAS it is represented that the appoint ment of harbour-masters would tend to the preservation of order and regularity in the several ports and har bours within this commonwealth,

Preamble.

Harbour

masters, how

11. Be it enacted, That the county and corporation courts within this state shall, and they are hereby authorized and empowered, to appoint so many persons appointed. as they may think necessary, to act as harbour-masters within their respective jurisdictions. And the person or persons so to be appointed, shall, previous to the entering on the said office, take the following oath before their county or corporation court: “I— do Oath. swear that I am a citizen of the commonwealth of Virginia, and that I will well and truly perform the duty of harbour-master to the best of my skill and judgment, without favor, affection, or partiality. So help me

God."

III. And be it further enacted, That the habour- Powers and masters to be appointed by virtue of this act, shall have day. full and ample power to cause all ships and other vessels that may come within his district, to moor in such places as he shall judge most conducive for the general safety, and shall moreover direct the masters or commanders of vessels to rig in their jib-booms, or any other spars which may tend to obstruct the navigation. Any master or commander refusing to observe and comply with the said directions, shall forfeit and pay the sum of fifteen pounds, to the use of the commonwealth; and shall moreover be subject for any damages that may accrue in consequence of such refusal, to be recovered in any court of record within this commonwealth.

IV. And be it further enacted, That the harbourmaster shall cause every ship or other vessel that may come within his district, to be properly moored within twenty-four hours after their several arrivals. Any harbour-masters failing to give directions for the moor- Penalty for ing of any vessels within the time prescribed by this neglect. act, shall forfeit and pay fifteen pounds, for the use of D

VOL XII,

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