150

how furnish

ed.

Militia.

Captain-General, to be by him laid before the General Affembly, at fuch Times as he or they fhall think proper: And every Captain neglecting to make a Return as aforefaid, or fhall make a falfe Return to the commanding Officer of the Regiment, fhall forfeit and pay a fine of Ten Pounds; and if any commanding Officer of any Regiment fhall neglect to make a regimental Return as aforelaid, or fhall make a falle Return, he fhall forfeit and pay a fine of Twenty Pounds; and if any commanding Officer of a Brigade fhall neglect or refute to make a Return, as herein directed, he shall forfeit and pay a fine of forty Pounds; the diftrefs thereof to be granted by the commanding Officer of the Regiment or Brigade to which fuch delinquent Officer belongs, or by the Captain-General, directed to the Adjutant, Brigade-Major, or Adjutant-General, as the nature of the Cafe fhall require, and returnable in four Weeks, unlefs fuch delinquent Officer ihall make a fatisfactory Excufe to the Officers hereby directed to grant fuch Warrant, within twelve Days after fuch Neglect or Default fhall happen.

And be it further Enated, That all fuch as belong to the Infantry Companies, and Houfholders under fifty-five Years of Age, fhall, at all Times be Infantry, &c. furnished at their own Expence, with a well fixed Mufket, the Barrel not less than three Feet and an Half long, and a Bayonet fitted thereto, with a Sheath and Belt or Strap for the fame, with a Ram-rod, Worm, Primingwire and Equine Cartouch-box carrying fixteen rounds of Cartridges, made with good Murket Powder and Ball, fitting his Gun, fix good Flints, and each Militia Man one Canteen holding not less than three Pints, upon Penalty of forfeiting and paying a Fine of Three Shillings for want of fuch Arms and Ammunition as is hereby required, and One Shilling for each Defect, and the like Sum or Sums for every four Weeks he shall remain unprovided.

Penalty for neglect.

Provifo.

Dragoons

how accoutred.

Provided nevertheless, That if any Soldier fhall, in the Judgment of the Selectmen of the Town to which he belongs, he unable to arm and accoutre himself, agreeable to the directions of this Act, it fhall be the Duty of fuch Selectmen to certify the fame to the commiffioned Officers of the Company to which fuch Soldier belongs, in order that Execution may not iffue against him for deficiency in fuch Arms and Accoutrements; and alfo at the Expence of fuch Town, to provide fuch Soldier with Arms, and the whole or any part of fuch Accoutrements, as may be neceffary, within forty Days from the Time of granting fuch Certificate, under Penalty of the Value of fuch Arms and Accoutrements, to be recovered of any or all of faid Selectmen, by Warrant from an Affiftant or Juftice of the Peace, upon proper Information and Proof of fuch Neglect, by faid commiffioned Officers, which Warrant fhall be directed to any Sheriff or Conftable proper to ferve the fame, returnable in fixty Days, and the Fine payable into the Treafury of fuch Town.

And all Arms and Accoutrements thus provided, fhall be the Property of fuch Town, and fhall, by the commanding Officer of the Company, be depofited in fuch Place or Places as he fhall think proper, to be ready for fuch Soldiers, as occafion fhall require; and fuch Officers fhall ftand accountable for fuch Arms and Accoutrements, and fhall be liable to pay for the fame, if loft through his Neglect or Default.

And be it further Enailed, That every Light-Dragoon fhall always be provided with a good ferviceable Horfe, not lefs than fourteen Hands high, to - the acceptance of the two chief commiffioned Officers of the Company to which he belongs, covered with a good Saddle, with Houfing and other proper Furniture, bitt Bridle and Holfters, a Cafe of good Piftols, a Sword or Cutlafs, not less than four Feet in Length, and alfo a Cap made of JirkLeather, or other Cover for the Head fufficient to withstand the Force of a Broad-fword, a Flask or Cartouch-box, one Pound of good Powder, three Pounds of sizable Bullets, twelve Flints, a good pair of Boots and Spurs, on Penalty of Three Pounds for want of fuch Horfe, and the Value of each other Article in which he fhall be deficient.

And

Days of exet

cife to be appointed.

be reviewed.

And be it further Enailed, That the commanding Officers of Companies fhall appoint the Days of Exercise, 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 a foldier-like Manner: That every commanding Officer of Companies fhall draw forth his Company four Days in a Year, in order to inftruct them in the use of Arms and difcipline of War; and the Days appointed fhall be in the Months of March, April, May, September, Oober and November, annually: That on the firft Monday of May and October, annually, fuch commanding Officer fhall caufe the Arms, Ammunition and Accou-trements of all under his Command to be reviewed; Houfholders and others Aris, &c. ad by Law obliged to keep Arins, to be confidered for this Purpose, 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 fhall pay a Fine of Six Shillings, for Non-appearance, and for each deficiency of Arms, Ammunition and Accoutrements, on the Days appointed for the viewing of Arms, the fame Penalty as heretofore provided for neglect of furnishing fuch Articles, unless fuch Perfon fhall appear before the reviewing Officer, within twelve Days after fuch day of Review or Exercife, and make a fatisfactory Excufe for his non-appearance on faid Day, and alfo fhew his Arms and Ammunition to fuch reviewing Officer, and avouch them to be his own, and that they have not, by any Perfon whatever, been carried for to be reviewed upon or after said Day.

And if any Serjeant of the Foot, or Corporal of the Troop, shall be delinquent in Arms, Ammunition and Accoutrements, or fhall neglect to appear and attend the Duty of his Place, he shall for each day's Neglect, pay a Fine of Nine Shillings, and for deficiency of Arms and Ammunition, the fame as in Cafe of a Private: That each Drummer, Trumpeter and Fifer fhall, upon his 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 attend Service when required, under Penalty of Eight Shillings Fine, for each day's Neglect, and alfo the value of the Article in which he may be deficient as aforefaid; the distress therefor, as alfo for the Fines and Penalties incurred by Serjeants, Corporals and Privates, for Non-attendance, Deficiency or otherwife, to be granted by the commanding Office of the Company. And if fuch commanding Officer fhall neglect to call forth his Company as by this A&t is directed, or shall neglect to iffue his Warrant of Diftrefs for each Non-appearance and Deficiency, against delinquent noncommiffioned Officers and Privates, he shall forfeit and pay as a Fine, for every day's Neglect in viewing Arms Ten Pounds, and for every day's Exercife, short of four Days in the Year, Five Pounds, and for neglecting to iffue his Warrant of Diftrefs as aforefaid, 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 fhall be known, and directed to the Adjutant of the Regiment, and returnable in four Weeks; and fuch Adjutant, in cafe of refusal to execute fuch Warrant, fhall be cafhiered or reduced to the Ranks.

And if any Lieutenant, Cornet, Enfign, or Quarter-Mafter of any Com pany, fhall neglect or refufe to appear on any mufter Day, Day of Exercife, or viewing of Arms, by the Captain of fuch Company appointed, and attend the Duty of his Poft, he fhall pay for each Day's Neglect, the Sum of forty Shillings; the Diftrefs therefor to be iffued, directed and returned,

Penalty for non-appears

ance

or deficiency

Penalty on ferjeants of

foot or corporals of

troop.

Drummers, &c. to pro

vide drums,

&c

Penalty for not attending

Penalty on

officers for neglect, &c

Penalty on lieuts. cor

nets, &c. for neglect in

attendance.

152

exercile.

Militia.

as against commanding Officers of Companies aforefaid, unless a fatisfactory Excuse shall be made to the commanding Officer of the Regiment, within twelve Days after fuch Day of Exercife or Review.

And the commanding Officer of each Regiment fhall call forth and muRegimental fter 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 remaining Part at another Time within the Year; which Mutter the feveral commanding Officers fhall attend with their Companies, under Penalty of ten Pounds, to be diftrained by Warrant from the commanding Officer, in Manner aforefaid.

Penalty.

Perfons en

And every Perfon enrolled in any Company as aforefaid, shall attend all rolled, to do Duty in faid Company, until orderly difmiffed or removed out of the Liduty. mits of faid Company, or otherwife fuffer the Penalties herein provided.

Disorders how punish

ed.

Duty of ferjeant of foot, or corporals of horse who have been discharged.

Perfons en

cavalry.

Troop may país votes regulating

their cloathing, &c.

Warrants

how ferved.

And the two chief Officers of any Company fhall order the correcting and punishing of Disorders and Contempt, on Days of Exercise, the Punishment 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 fhall be vefted with like Powers, on the Days appointed for regimental Exercife and Review.

That Serjeants of Foot and Corporals of Horse, who have heretofore or fhall hereafter be regularly difmiffed or difcharged from any Company of Foot, or Troop of Horfe, by removing or otherwife, fhall be liable to do military Duty in the Company in the Limits of which they dwell, in the fame Manner as Houfholders 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 fuch 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 provifions of this Act, or that shall hereafter inlift into fuch Company, and shall not within three Months after fuch his Inliftment, in like Manner furnish himself, fuch Perfon fo inlifted, in either of the Cafes aforefaid, fhall, by the commanding Officer of fuch Company, be discharged and difmiffed from the fame; and the faid commanding Officer fhall thereupon forthwith certify the Name of the Perfon fo difcharged, 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 fhall 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 Five 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 or Matrofs Companies established 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 impose 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 Perfons, for any Fine of Fines incurred by virtue of this Act, or any Breach thereof, fhall be levied on the Goods or Chattels of the respective Delinquents, if upwards of twenty-one Years of Age; and for want of fuch Goods or Chattels, against the Body of fuch Delinquents, and against the Goods and Chattels of the Parents, Guardians and Masters of fuch Delin

quents

how ferved.

quents as have not arrived to the Age of twenty-one Years; and for want Warrants of fuch Goods and Chattels, againft the Body of fuch Parents, Masters or Guardians, and them commit to and hold in Gaol, 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 otherwife difpofed of in this Act) that is to fay, for procuring and maintaining Trumpets, Colours, Banners and Halberds, and for paying Drummers, Trumpeters and Fifers, or other Charges of faid Company, by direction of the commiffioned Officers of fuch Company; and the Perfons refpectively ferving fuch Warrants, agreeable to the Provifions of this Act, fhall make Return to the Perfon granting the fame, therein directed, and ftand accountable to him for the Monies they fhall fo collect.

Fines how

difpofed of.

Be it further Enated by the Authority aforefaid, That the commanding Officers of the feveral 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 fhall think proper; to which, upon Notice of an Alarm, it fhall be the Duty of Officers and Soldiers under their respective Commands to repair without Delay, compleatly equipped and accoutred, as in this Act is directed, there to attend fuch further Orders as they may receive .from their commanding Officers aforefaid.

And to the Intent that fpeedy Notice may be given, upon fuch interesting and important Occafions :

Be it further Enacted, That the commanding Officers of the several Com panies, fhall divide their faid Companies into as many Claffes, in cafe of Horse, as there are Corporals, and in cafe of Foot, as there are Serjeants in fuch Companies, in fuch Manner as to them fhall feem meet; which Serjeants and Corporals, upon orders received from their commanding Officers, upon occafion 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 orr efuse to appear and attend the Duty of his Place, he ihall, unless prevented by Sickness or other Difability, be cafhiered and reduced to the Ranks; and it fhall be the Duty of the commanding Officers of Companies where fuch Neglect fhall happer, as foon as may be, to make Information thereof to the General Af fembly accordingly. And if any non-commiffioned Officer or Private fhall, upon fuch Notice, refufe to appear in Manner aforefaid, unless prevented as aforesaid, such non-commiffioned Officer fhall 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 fuch 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 fuch Orders as they may receive from their commanding Officer.

Be it further enacted by the Authority aforefaid, That whenfoever, pursuant to Orders from the General Affembly, or the Captain-General and Commander in Chief, any able-bodied and effective Man, fhall in any Manner be duly detached, impreffed or drafted into the Service of this State, or the United States, for the purposes of Defence against the common Enemy, if any. fuch Perfon fo detached, fhall neglect or refuse seasonably to mufter, join to, or proceed with the Troop he is appointed to ferve with (being duly noticed thereof) 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 Pounds; unless fuch Perfon fo detached fhall, 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 Offi

Divide.companies into

claffes.

Penalty for

not appear

ing at the alarm poft.

Penalty on

fuch as are

drafted and

neglect to

mufter.

Militia.

cer, or have fhewn Reafon why he ought to be excured, to the commanding Officer of the Regiment to which he belongs, which by him fhall be judged fufficient, and fhall thereupon be excufed accordingly; in which Cafe the detaching Officer fhall forthwith detach another Perion to ferve in his room and ftead.

And whereas it is just, that the Services neceffary for the common Defence. fhould be born and performed by thefe Perfons liable to the fame, in an equ. Pr portion: Be it further enacted by the Authority aforefaid, That whenever any Part of the military Force of this State are called for, for the Purpofe and Service aforefaid, from every Part of this State, the Adjutant-General shall 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 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 fhall thereupon iffue their Orders to the commanding Officers of Regiments in their respective Brigades upon the Details; and the commanding Officers of Regiments fhall thereupon iffue their Orders to the commanding Officers of Companies upon the Details that fhall in like Manner be made by their respective Adjutants, designating 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 Roafters refpectively, containing an exact Account of the number of Officers and Men, the Names of thofe defignated, as ascertained to the Brigades, Regiments and Companies, the length of the Tour, and whatever elfe may be neceffary 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.

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 Mouths, fo as to equalize, as near as may be, the proportion of Duty to be performed by

each Individual.

And be it further enacted by the Authority aforefaid, That whenever, upon any Alarm or Detachment, any non-commiffioned Officer or Private, being noticed of fuch Alarm, or duly detached, as in this La is directed, as the Cafe may be, fhall refufe to appear, or to mufter and march, according to orders received; or if any Perfon required by this Act to give notice of an Alarm shall, in contempt of orders received for that purpoie, neglect or refuse 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 Affiftant and Justice of the Peace, or two Juices of the Peace of the town where fuch delinquenɛ 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 Reafon, if any they have, why Judgment should 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 Mafter, 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 shall or fhall not appear according to fuch Citation, faid Authority fhall proceed to take the Evidence in the Cafe, and if upon fuch Evidence it fhall appear to faid Authority, that the Charge contained in. the Information