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ficer for the recovery of damages for the use of the comExecutive monwealth. If it shall appear to the executive, upon

pe calling forth the militia, as aforesaid, that the necessaofficers. ry number and ranks of officers will not attend the de

tachments for regimenting and officering them at the places of rendezvous, the governor, with advice of the council, is hereby authorized to appoint such field officers as may be necessary, from the counties called upon, as they may think proper, to join the forces so raised; and the senior officer shall arrange and command the whole, and appoint the usual regimental staff.

And if a general officer, or officers, shall, in the opinion of When to ap- the executive, be necessary, either on account of the dier.

number of troops or importance of the service, the governor, with advice of the council, shall appoint and commission, one or more brigadiers general, for the then existing occasion, who are hereby authorized to

appoint, ench, an'aid-de-eamp, brigade major, and County lieu

brigade quarter-master. If a sudden invasion shall be tenant's duty made into any county in this commonwealth, or in case on invasion & of an insurrection in any county, the county lieutenant insurrection. is hereby authorized and required to order out the

whole, or such part of his militia as he may think necessary, and in such manner as he may think best for repelling or suppressing such invasion or insurrection; and shall call on the lieutenants or commanding officers of the adjacent counties, for such aid as he may think

necessary, who shall forthwith in like manuer furnish Militia in ac- the same. And for assembling the militia required upon how to be go.

ual service, such occasions, or by orders of the executive, the same verned.

* measures shall be taken to summon them, as is directed in the case of musters. Whenever any militia shall be called forth into actual service, as aforesaid, they shall be governed by the articles of war which were last in force in the continental army during the last war; and courts-martial shall be held as are therein directed; but to the cashiering of any officer, or capital punishment of any person, the approbation of the executive shall

be necessary. And whenever any militia shall be in tions of mili.

na actual service, they shall be allowed pay and rations, tia.

as follows, to commence from the time of rendezvousing in their counties, and to end, on being discharged, to wit: A brigadier general, one hundred dollars per month, and twelve rations of provisions and five rations of forage for bimself and family, per day; an aid

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de-camp, thirty dollars per month; a colonel, seventy five dollars per-month, and six rations of provisions and two rations of forage, per day; a brigade major, thirty dollars per month, four rations of provisions and two rations of forage, per day; a brigade quartermaster, thirty dollars per month, and three rations of provisions and one ration of forage per day; a lieutenant colonel, sixty dollars per month, and five rations of provisions and two rations of forage per day; a major, fifty dollars per month, and four rations of provisions and two rations of forage, per day; a captain, forty dollars per month, and three rations of provisions, per day; a lieutenant, twenty-seven dollars and two-thirds per month, and two rations of provisions, per day; an ensign, twenty dollars per month, and two rations of provisions, per day; a surgeon, sixty dollars per month, and three rations of provisions and two rations of forage, per day; a quarter-master, twenty dollars per month, and two rations of provisions and one ration of forage, per day; a pay-master, forty dollars per month, and two rations of provisions and one ration of forage, per day; an adjutant, twenty-four dollars per month, and two rations of provisions and one ration of forage, per day; a quarter-master serjeant, eight dollars per month, and one ration per day; a serjeant, eight dollars per month, and one ration per day; a corporal, seven dollars per month, and one ration per day; a private, five dollars and one half dollar per month, and one ration per day. And should any of the staff be of the line, the allowaoces herein given shall include what they may receive in the line. A ration of provisions shall consist of one pound of fresh beef or pork, or three quarters of a pound of salt pork, one pound of wheat bread or flour, or one pound and a quarter of corn meal, one gill of rum, when to be had, and one quart of salt, one quart of vinegar, two pounds of soap, and one pound of candles, to every hundred rations; but in case salt meat be issued, the salt to be withheld; and a ration of forage, of ten quarts of corn or oats, and fourteen pounds of hay or fodder. And moreover, every militia-man, upon his discharge from actual service, shall be entitled to and receive one day's pay for each twenty miles such place of discharge shall be distant from his place of abode. And should the executive at any time find it expedient to retain the Officers dis- 11. Be it enacted by the General Assembly, That the placed by a officers of the militia who were displaced and removed former act restored

from office, by virtue of an act “For amending the several laws for regulating and disciplining the militia, and guarding against invasions and insurrections,” are

hereby reinstated, and shall take precedency of rank

i agreeable to the dates of the commissions they severalVacancies ly held prior to the passing of the said act; and vacanhow supplied cies supplied by appointment of the governor, with the

advice of the privy council, or recommendation from

the respective county courts. Militia men II, And be it further enacted, That all free male & exempts persons between the ages of eighteen and fifty years, described.

except the members of the council of state, members of the American congress, judges of the superior courts, speakers of the two houses of assembly, treasurer, attorney-general, auditors and their clerks, solicitor-general and his clerks, clerks of the council of state, and treasury, register of the land-office, his deputy and clerks, custom-house officers, all inspectors of tobacco, all professors, and tutors at the University of William and Mary, and other public seminaries of learning, all ministers of the Gospel, licensed to preach according to the rules of their sect, who shall have previously taken before the court of their county, an oath of fidelity to the commonwealth, post-masters, keepers of the public gaol and public hospital, millers, persons concerned at iron or lead works, or persons solely employed in repairing or manufacturing fire-arms, all of whom are exempted from the obligations of this act, shall be in

rolled or formed into companies, of three serjeants, Companies how to be three corporals, a drummer and fifer, and not less than formed.

forty, nor more than sixty-five, rank and file; and these companies shall again be formed into regiments of not more than one thousand, nor less than five hundred

men, if there be so many in the county. Each comMilitia how pany shall be commanded by a captain, lieutenant, and to be officer. an ensign; each regiment by a colonel, lieutenant-coed.

lonel, and major; and the whole by a county-lieutenant. These officers shall be resident within their county; and before they enter on the execution of their re

spective offices, shall take the following oath: “I Officers' oatb. do swear that I will be faithful and true to the common

wealth of Virginia, of which I profess myself to be a citizen; and that I will faithfully and justly execute the

office of a

, in the militia of the county of

, according to the best of my skill and judgment. So help me God." There shall be a pri- Private musvate muster of every company once in two months, ex- ter. cept December and January, at such convenient time and place as the captain or next commanding officer shall appoint: a muster of each regiment on some day Regimental in the month of March or April, in every year, to be muster. appointed by the commanding officer thereof, at a convenient place near the centre of the regiment; and a

General mus. general muster of the whole on some day in the month ter. of October or November, in every year, to be appointed by the county-lieutenant, or commanding officer, at a convenient place near the centre of the county: For the times and places of the said musters, the county Notices of lieutenant or commanding officer for the time being,

ime haine musters how

pens and when to shall give notice to the commanding officers of regi- be given. ments; for the general muster, the commanding officers of regiments shall give notice to the commanding officers of their respective companies of such general muster and of his regimental muster; and the commanding officers of companies shall give notice of the general, regimental, and private musters, to every person of their respective companies, and to that end the commanding officers of companies shall have power to order so many of their serjeants as they shall think fit, to give such notice, which may be done by personal summons by the said commanding officer, or serjeant so ordered, or by either of them, leaving notice in writing at the usual place of abode of the person to be summoned: The notices to be given by the commanding officer of the county, and commanding officers of regiments, shall be in writing, delivered in person, or left at the usual place of abode of each person, to be notified either by such commanding officers themselves, or by such officer or officers of their respective commands as they may think fit to order; the said notices shall be given by the commanding officer of the county, to the commanding officers of regiments at least thirty days; by the commanding officers of regiments at least fifteen days; and by the commanding officers of companies at Jeast five days, before such general, regimental, or private musters (as the case may be) shall be appointed

* Penalties on to be had. Any officer ordered as aforesaid to give failure such notices, failing therein, shall for every offence for- notice.

seit and pay five pounds; and every serjeant so failing shall forfeit and pay one pound for every such failure;

to be recovered as other fines hereafter to be establishCanipments ed. Every officer and soldier shall appear at his reof officers & spective muster-field on the day appointed, by eleven soldiers. o'clock in the forenoon, armed, equipped, and accou

tred, as follows: The county-lieutenants, colonels, lieutenant-colonels, and majors, with a sword, the captains, lieutenants and ensigns, with a sword and espontoon, every non-commissioned officer end private with a good, clean musket carrying an ounce ball, and three feet eight inches long in the barrel, with a good bayo. net and iron ramrod well fitted thereto, a cartridge box properly made, lo contain and secure twenty cartridges fitted to his musket, a good knapsack and canteen, and moreover, each non-commissioned officer and private shall have at every muster one pound of good powder, and four pounds of lead, including twenty blind cartridges; and each serjeant shall have a pair of moulds fit to cast balls for their respective companies, to be

purchased by the commanding officer out of the moExceptton as nies arising on delinquencies. Provided, That the mito those be litia of the counties westward of the Blue Ridge, and yond the Blue moonries below adinini Ridge.

the counties below adjoining thereto, shall not be obliged to be armed with muskets, but may have good ri. fles with proper accoutrements, in lieu thereof. And every of the said officers, non-commissioned officers, and privates, shall constantly keep the aforesaid arms, accoutrements, and ammunition, ready to be produced whenever called for by his commanding officer. If any

private shall make it appear to the satisfaction of the Poor privates court hereafter to be appointed for trying delinquencies how to be armed.

under this act that he is so poor that he cannot purchase the arms herein required, such court shall cause them to be purchased out of the money arising from delinquents. The arms so purchased, shall by the commanding officer of the county, be delivered to the cap. tain of the company to which such poor private may belong, wlio shall deliver such arms to the private, but

they shall continue the property of the county; and if Penalty on any private shall sell or conceal the same, the seller, him for sell. concealer ond

: concealer, and purchaser, shall each forfeit and pay ing, &c. his a'mis.

four pounds, to be recovered by the commanding officer in any court of record, on ten days notice. And on the death, disability, or exemption of such poor pri

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