And be it further Enaded, That the commanding Officers of Companies fhall appoint the Days of Exercife, and the Company fhall have three Days Warning, which Warning fhall be given by the Orderly-Serjeant or Clerk, or any Serjeant or Corporal of the Company, or in any other Way agreed on by faid Companies; and every Soldier fo warned as aforefaid, fhall give his Attendance at Time and Place appointed, compleat in his Arms, and dreffed in Days of exer a foldier-like Manner: That every commanding Officer of Companies fhallife to be appointed. draw forth his Company four Days in a Year, in order to inftruct them in the ufe of Arms and difcipline of War; and the Days appointed fhall be in the Months of March, April, May, September,; October and November, annually: That on the firft Monday of May and O&tober, annually, fuch commanding Of ficer fhall cause the Arms, Ammunition and Accoutrements of all under hi Arms, ?c. to Command to be reviewed; Houfholders and others by Law obliged to keep be reviewed. Arms, to be confidered for this Purpofe, to be under the command of the Officers of the Infantry Companies, within the Limits of which they dwell; and if any of the Perfons aforefaid fhall not appear on either of faid Days, being duly warned, he shall pay a Fine of Six Shillings, for Non-appearance, and for Penalty for each deficiency of Arms, Ammunition and Accoutrements, on the Days appoint- non appeared for the viewing of Arms, the fame Penalty as heretofore provided for ne- ance or glect of furnishing fuch Articles, unless fuch Perfon fhall appear before the re- deficiency. viewing Officer, within twelve Days after fuch day of Review or Exercise, and make a fatisfactory Exenfe for his non-appearance on faid Day, and alfo fhew his Arms and Ammunition to fuch reviewing Officer, and avouch them to he his own, and that they have not, by any Perfon whatever, been carried for to be reviewed upon or after faid Day.

&c. to pro

And if any Serjeant of the Foot, or Corporal of the Troop, fhall be delin. Penalty on ferjeants of quent in Arms, Ammunition and Accoutrements, or fhall neglect to appear foot or cor. and attend the Duty of his Place, he fhall for each day's Neglect, pay a Fine of porals of Nine Shillings, and for deficiency of Arms and Ammunition, the fame as in troop. Cafe of a Private: That each Drummer, Trumpeter and Fifer fhall, upon his Drummers accepting the Office to which he is chofen, provide himself with a good Drum, Trumpet or Fife, as the Nature of his Office fhall require, and conftantly at vide drums, tend Service when required, under Penalty of Eight Shillings Fine, for each day's &c. Neglect, and also the value of the Article in which he may be deficient as Penalty for aforefaid; the distress therefor, as alfo for the Fines and Penalties incurred by not attending Serjeants, Corporals and Privates, for Non-attendance, Deficiency or otherwise, to be granted by the commanding Officer of the Company. And if fuch commanding Officer fhall neglect to call forth his Company as by this A&t is di- Penalty on rected, or shall neglect to iffue his Warrant of Diftrefs for each Non-appearance officers for and Deficiency, against delinquent non-commiffioned Officers and Privates, he neglect, &c. fhall forfeit and pay as a Fine, for every day's Neglect in viewing Arms Ten Pounds, and for every day's Exercife, fhort of four Days in the Year, Five Pounds, and for neglecting to iffue his Warrant of Diftrefs as aforesaid, the Value due from each Delinquent in his Company. Which Fines and Forfeitures fhall be recovered of fuch delinquent Officer by Warrant of Diftrefs, to be issued by the commanding Officer of the Regiment to which fuch delinquent Officer belongs, in ten Days after fuch Neglect shall be known, and directed to the Adjutant, of the Regiment, and returnable in four Weeks; and fuch Adjutant, in case of refusal to execute fuch Warrant, fhall be cafhiered or reduced to the Ranks.

licuts. cor

And if any Lieutenant, Cornet, Enfign, or Quarter-Mafter of any Company," fhall neglect or refufe to appear on any mufter Day, Day of Exertife, or viewing Penalty on of Arms, by the Captain of fuch Company appointed, and attend the Duty of his Poft, he shall pay for each Day's Neglect, the Sum of forty Shillings; the neglect in Difrefs therefor to be iffued, diiected and returned, as against commanding attendance.

nets, &c. for

}

152

ACTS

Regimental exercife.

Officers of Companies aforefaid, unless a fatisfactory Excufefhall be made to the commanding Officer of the Regiment, within twelve Days after fuch Day of Exercise or Review.

And the commanding Officer of each Regiment fhall call forth and mufter together the feveral Companies of his Regiment, once in two Years, for regimental Exercife and Review, unless his Regiment may be fo large that he may judge it beft to call but one half of the Companies at one Time and the remairing Part at another Time within the Year; which Mufter the several commanding Officers thall attend with their Companies, under Penalty often Pounds, to be diftrained by Warrant from the commanding Officer, in Manner aforefaid. And every Perfon enrolled in any Company as aforesaid, shall attend all rolled, to do Duty in faid Company, until orderly difmiffed or removed out of the Limits of faid Company, or otherwife fuffer the Penalties herein provided.

Penalty.

Perfons en

duty.

Disorders

And the two chief Officers of any Company fhall order the correcting and punithing of Disorders and Contempt, on Days of Exercife, the Punishment how punished. not being greater than riding the Wooden-horfe for a Time, not exceeding one Hour, or a Fine of forty Shillings, to be recovered in the fame Way and Manner as for Non-appearance and Deficiency; and the commanding Officer of a Regiment thall be vefted with like Powers, on the Days appointed for a regi mental Exercife and Review.

Duty of fer

jant of foot,

or corporals

of horie who

have been. discharged.

Perfons enlifted in the cavalry.

Troop may pa's votes re

gulating their cloathing, &c.

Warrants

how ferved.

That Serjeants of Foot and Corporals of Horse, who have heretofore or shall hereafter be regularly difmiffed or difcharged from any Company of Foot, or Troop of Horfe, by removing or otherwife, thall be liable to do military Duty in the Company in the Limits of which they dweil, in the fame Manner as Houtholdets by Law are obliged to do.

And be it further Enacted, That if any Perfon in this State fhall, at any Time after the rifing of this Affembly, inlift into any Company of Cavalry, which exceeds thirty Men, Officers included, at the Time of such Inliftment, or having already inlifted into any Company of Cavalry, fhall not, within three Months from the Time aforefaid, furnish and equip himself agreeable to the provisions of this Act, or that shall hereafter inlist into fuch Company, and shall not within three Months after fuch his Inliftment, in like Manner furnish himself, fuch Person so inlisted, in either of the Cafes aforefaid, fhall, by the commanding Officer of fuch Company, be discharged and difmified from the fame ; and the faid commanding Officer shall thereupon forthwith certify the Name of the Person so discharged, with the Circumftances of the Cafe, to the commanding Officer of the Company of Infantry, within the Limits of which the Perfon fo discharged belongs, whofe Duty it shall be to enrol and require fuch Perfon to attend and do Duty in his Company. And if any commanding Officer of any Company of Infantry or Cavalry fhall neglect his Duty, as herein required, he fhall pay a Fine of Fisse Pounds Money for each Offence, to be recovered by Warrant from the commanding Officer of the Regiment to which he belongs,

And that the feveral Companies of Troop, and the respective Artillery of Matrofs Companies eftablished in this State, are hereby impowered,. (twothirds of faid Company agreeing) to pafs Votes relative to their Cloathing. directing the Colour thereof, regulating and enforcing the fame, and to impofe Fines not exceeding Six Shillings per Day, on fuch as neglect or refuse to comply with fuch Votes: Which Fines fhall be levied, collected and applied as other Fines and Penalties in faid Companies by Law are.

Be it further Enacted, That all Warrants granted out against any Perfon or Ferions, for any Fine or Fines incurred by virtue of this Act, or any Breach thereof, fhall be levied on the Goods or Chattels of the relpective Delinquents, if upwards of twenty-one Years of Age; and for want of fuch Goods or Chattels, againft the Body of fuch Delinquents, and against the Goods and Chattels of the Parents, Guardians and Masters of fuch Delinquents as have not ar

how ferved.

rived to the Age of twenty-one Years; and for want of fuch Goods and Chat- Warrants tels, against the Body of fuch Parents, Mafters or Guardians, and them commit to and hold in Goal, until fuch Fine or Fines fhall be paid and fatisfied, as in cafes of Execution for Debt; which Fines fhall be for the ufe of the Companies to which fuch Delinquents refpectively belong, (except fuch Fines as are orherwife difpofed of in this Act) that is to fay, for procuring and maintaining Trumpets, Colours, Banners and Halberds, and for paying Drummers, Trum- Fines how peters and Fifers, or other Charges of faid Company by direction of the com- difpofed of. miffioned Officers of fuch Company; and the Perion's respectively ferving fuch Warrants, agreeable to the Provisions of this Act, fhall make Return to the Perfon granting the fame, therein directed, and stand accountable to him for the Monies they fhall fo collect.

Be it further Enacted by the Authority aforesaid, That the commanding Of ficers of the several Companies of Horfe or Foot be, and they are impowered Alarm pofts. and directed from Time to Time, to appoint an Alarm-Poft, at fuch Place or Places as they shall think proper; to which, upon Notice of an Alarm, it shall be the Duty of Officers and Soldiers under their respective Commands to repair without Delay, compleatly equipped and accoutred, as in this Act is disected, there to attend fuch further Orders as they may receive from their command. ing Officers aforefaid.

"And to the Intent that speedy Noticé may be given, upon fuch interefting and important Occafions:

ال

Be it further Enacted, That the commanding Officers of the feveral Compa Divide com nies, shall divide their faid Companies into as many Claffes, in cafe of Horie panies into as there are Corporals, and in case of Foot, as there are Serjeants in fuch Com- claffes. panies, in fuch Manner as to them shall feem meet; which Serjeants and Corporals, upon orders received from their commanding Officers, upon occasion of Alarms as aforefaid, fhall forthwith warn and notify each Officer and Soldier in the Clafs to them refpectively affigned, to repair, equipt as aforefaid, to the Poft appointed, upon Penalty of Ten Pounds Money; and if any commiffioned Officer, being fo notified, fhall neglect or refufe to appear and attend the Duty of his Place, he fhall, unless prevented by Sickness or other Difability, be cashiered and reduced to the Ranks; and it shall be the Duty of the Command ing Officers of Companies where fuch Neglect thall happen, as foon as may be, to make Information thereof to the General Affembly accordingly. And if any non-commillioned Officer or Private hall, upon fuch Notice, refufe to appear Penalty for in Manner aforefaid, unless prevented as aforefaid, fuch non-commiflioned Of, not appearing ficer shall forfeit and pay a Fine of Twelve Pounds, and fuch Private a Fine, of Ten Pounds; which feveral Penalties fhall be for the ufe of the Town where fach Delinquents belong, to be recovered in Manner hereafter provided, and fuch Companies fo collected fhall proceed regularly, under the Command of their proper Officers, to fuch Place and Places as Exigencies may require, pursuant to such Orders as they may receive from their commanding Officer. 1

at the alarm

post.

Be it further enacted by the Authority aforesaid, That whenfoever, pursuant to Orders from the General Affembly, or the Captain-General and Commander in Chief, any able-bodied and effective Man, shall in any Manner be duly detached, impreffed or drafted into the Service of this State, or the United Penalty.on States, for the purposes of Defence against the common Enemy, if any fuch fach as are Perfon fo detached, fhall neglect or refufe feasonably to mufter, join to, or pro drafted and ceed with the Troop he is appointed to ferve with (being duly noticed thereof) neglect to and under the Command of fuch Officers as may be ordered, he fhall forfeit and pay to the Treasury of the Town to which he belongs, a Fine or Penalty of Five Pounas; unless fuch Perfon so detached shall, antecedent to fuch marching Orders, have procured an able-bodied and effective Man to perform his tour of Service to the acceptance of the detaching Officer, or have fhewn Rea

muster.

154

tant-general, &c. when drafts are or.

Details.

Militia.

fon why he ought to be excufed, to the commanding Officer of the Regiment to which he belongs, which by him shall be judged fufficient, and fhall thereupon be excufed accordingly; in which Cafe the detaching Officer shall forthwith detach another Perfon to ferve in his room and stead.

And whereas it is juft, that the Services necessary for the common Defence, fhould be born and performed by thole Perfons liable to the fame, in an equal Proportions

Be it further enacted by the Authority aforelaid, That whenever any Part of the military Force of this State are called for, for the Purpose and Service aDuty of adju- forefaid, from every Part of this State, the Adjutant-General fhall make out the Details or Proportion of the Officers and Men fo called for, from the Brigade. Returns, then laft received from the feveral Brigades; and Orders fhall iffue dered from the Captain-General to the Brigadiers-General accordingly, defignating fuch one or more of them as he may think proper; and the Brigadiers-General fhail thereupon iffue their Orders to the commanding Officers of Regiments in their respective Brigades upon the Details; and the commanding Officers of Regiments thall thereupon iffue their Orders to the commanding Officers of Companies upon the Details that fhall in like Mannet be made by their refpective Adjutants, defignating fuch commiffioned Officers as may be neceffary to organize the feveral Companies; and the commanding Officers of Companies fhall thereupon detach the Number to him affigned, defignating fuch non-commiffioned as may be required and the faid Adjutant-General. Brigade-Major, Adjutants and Orderly-Serjeants fhall from Time to Time keep Roasters refpectively, containing an exact Account of the number of Officers and Men, the Names of thofe defignated, as afcertained to the Brigades, Regiments and Companies, the length of the Tour, and whatever elfe may be necessary to anfwer the End defigned; and the Orderly-Serjeants fhall further keep an exact Account of the Names of Individuals from Time to Time detached.

Roafters to be kept.

Tours of duty to be in rota tion.

or

to give notice of an alarm,

And the tours of Duty fhall be performed in regular Rotation, due regard being had to fuch tours of Duty as exceed the term of two Months, fo as to equalize, as near as may be, the proportion of Duty to be performed by each Indi viduale.com

Non-commi- And be it further enacted by the Authority aforelaid, That whenever, upon fiioned officer any Alarm or Detachment, any non-commiffioned Officer or Private, being or private re noticed of fuch Alarm, or duly detached, as in this Law is directed, as the Cafe futing to muf ter of march, may be, fhall refufe to appear, or to muster and march, according to orders received; or if any Perfon required by this Act to give notice of an Alarm fhall, in contempt of orders received for that purpose, neglect or refufe to do the fame, it fhall be the duty of the commanding Officer of the Company to which the Perfon fo neglecting or refufing belongs, forthwith to make out an Information, directed to an Affistant and Justice of the Peace, or two Juftices of the Peace of the town where fuch delinquent belongs, and lodge the fame with either of them ;. which Authority are hereby authorised and directed thereupon to make out a Citation, directed to any Sheriff or Conftable proper to ferve the fame, fummoning fuch Delinquent, and if a Minor, his Parent, Guardian or Mafter, forthwith to appear, if they fee Caufe, before faid Authority, to fhew Reason, if any they have, why Judgment fhould not be entered against him or them, for the recovery of fuch Fine, with Cofts; and the Officer fhall proceed according to the Directions in faid Citation, to ferve the fame by reading or caufing it to be read, in the hearing of fuch Delinquent, his Parent, Guardian or Mafler, as the Cafe may require, or by leaving a true and attefted Copy of fuch Complaint and Citation, at his or their ufual Place of Abode; and if thereupon he or they fhall or shall not appear according to fuch Citation, faid Authority fhall proceed to take the Evidence in the Cafe, and if upon fuch Evidênce it fhall appear to faid Authority, that the Charge contained in the Informadon is fully p

how to be

proceeded with

ported, and that the Delinquent, at the Time of receiving Orders, either to warn and notify the Perfons to him affigned, to repair to the Poft appointed on an Alarm, to repair thither himself, or being detached, to mufter and march, as the Cafe may be, pursuant to this Act, was under no natural Disability, arifing from bodily Indifpofition or otherwife, faid Authority fhall enter up Judgment against fuch Delinquent, for the recovery of the Fine to which he is liable, with Colts, out of the Eftate of fuch Delinquent, or if a Minor, out of the Ef tate of his Parent, Guardian or Mafter, and grant Execution accordingly.

And be it further Enacted, That if any general, field, or commiffioned Officer, being appointed and defignated as in this Act is directed, to take the Officers reCommand of fuch Corps as to them fhall be affigned, in their respective Offices, command, & fufing to take fhall without just Caufe, re fule to comply with Orders given him for that Purpofe, fuch Officer fhall be cafhiered; and it shall be the Duty of the Officer that fhall fo defignate and appoint him, to make Information to the General Affembly accordingly.

And whereas fome Perfons, upon receiving Intelligence of a Detachment upon the Militia foon to take Place, may abfcond or fecrete themselves, with defign to ef cape fuch Detachment; by Means whereof the Public may be greatly injured:

Which to prevent;

from drafts.

how proceed

ed with.

Be it further enaded by the Authority aforefaid, That if any Perfon, liable by Law to Detachment into military Service, fhili abfcond or fecrete himself, with Perfons abdefign to avoid fuch Detachment, and at a Time when he ought to be called fonding for a tour of Duty in the Judgment of the commiffion Officers of the Com pany to which he belongs, pursuant to the Provifions of this Act, it fhall be the Duty of the commanding Officer of faid Company to lodge an Information, as before directed; and thereupon the said Authority fhall iffue their Warrant to apprehend fuch Perfon fo informed against, as foon as may be, at the fame Time, if fuch Perfon be a Minor, notifying his Parent, Guardian or Mafter, to be prefent and attend the Trial (if he fee Caufe) and if upon the Trial, the Delinquent fhall not be able to prove to the Satisfaction of the Court, that he did not abfcond, fecrete or absent himself with Defign to escape fuch Detachment, the Court fhall proceed to enter up Judgment against him for the Recovery of the fame Sum from him, or his Parent, Guardian or Master, if a minor, and grant Execution thereon, in the fame Manner as if fuch Perfon had been detached according to the moft ufual, legal and regular Practice.

Be it further Enacted, That all Fines and Penalties from Time to Time Fines how collected by Warrants jflued by commanding Officers of Regiments, against any disposed of. commiffioned Officers of Companies in their refpective Regiments, as in this Ad is directed, fhall be paid into the Treasury of the Town where the Perfons of whom collected belong, for the Ufe of fuch Town; and all Fines and Penalties in like Manner collected by Warrants iffued by any General Officer, agreeable to the Provifions of this Act, fhall be to the Ule of the public Treafury of this State..

Be it further Enacted, That the commanding Officers of the feveral Infantry Perfons liable Companies in this State, eltablished by this Act, shall forthwith enrol in their to do duty, to refpective Companies, all fuch Perfons, whether of the former alarm Lift be forthwith Companies, or others who are by Virtue of this Act, liable to military Duty.

enrolled.

Beit further Enated, That all Perfons holding and fuftaining any military Perfons holdOffices and Commiffions, by Virtue of any A&t heretofore made, within the re- ing any mili pettive Brigades, Regiments, Troops or Companies, heretofore, and by this tary office and A& formed and established, except Colonel and Lieutenant-Colonel of the commiffion Cavalry, fhall continue to hold and exercife the fame, with all the to continue, Powers and Authorities vefted in fach Officers refpectively, by Virtue of this &c.

&c. except,