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governor, or to turn out his militia upon an invasion or insurrection of his county, filty 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 ofience 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 insurrection io 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 Captain. attend any court, to joroll 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 iwelve 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

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Non commis. tried for the same as military offenders: By a non

commissioned officer or soldier, for failing to attend as and soldiers.

any inuster 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 neigh

bouring county, he shall forfeit and pay two pounds. Arms ex. All arms, ammunition, and equipments, of the militia, execution;

now shall be exempted from executions and distresses at all & men when times, and their persons from arrests in civil cases, from arrest. while going to, continuing at, or returning from mus

ters, and while in actual service. Each court or board,

($ of by this act directed to be held, are empowered to apcourt.

poiot 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, Lost arms, when tu be

Ss as the said court or board shall ibink reasonable. No paid for. 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. Resignation

XII. And be it further enacted, That the countyof officers.

lieutenant 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 re

signation to the next succeeding court, in order that Quakers and menonists.

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, Power to suspend.

is hereby empowered to suspend the operation of this act in the counties on the western waters, so long as

they may think proper. .., Repealing

XIII. All and every act and acts heretofore made clause. for regulating and disciplining the militia, and guard

ing against invasions and insurrections, shall be, and the same are hereby' repealed.

CJ1MP. It. An act for the appointment of harbour maslers, and declaring their duty.

1. WHEREAS it is represented that the appointment of harbour-masters would tend to the preservation of order and regularity in the several ports and harbours within this cominonwealth,

II. Be it enacted, That the county and corporation courts within this state shall, and they are hereby au.

Harbour

a masters, how thorized 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

d o Oath. swear that I am a citizen of the commonwealth or 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 angl masters to be appointed by virtue of this act, shall have duty. full and ample power lo cause all ships and other vessels that may come within bis 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 resusal, to be recovered in any court of record within this commonwealth.

IV. Ind be it further enacted, That the harbourIgaster shall cause every ship or other vessel that may come willio 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, aci, shall forfeit and pay bfteen, pounds, for the use of

VOL XII,

the commonwealth, to be recovered, by motion before the county or corporation court (as the case may be) on ten days previous notice, and shall moreover be liable to the action of the party injured, for any damages sustained in consequence of such neglect. And the harboar-master shall moreover attend to the unmooring of all ships and other vessels within their respective districts; and in case any vessel moored, shall, by stress of weather or other accident, be drove from her mooring, the harbour-master shall attend to the re-mooring the same, and be entitled to half fees for such service.

V. And be it further enacted, That the harbourmasters shall demand, and be entided to receive from all masters or commanders of square-rigged vessels, the sum of ten shillings, and for all schooners and sloops, the sum of six shillings, and no more: Provided nevertheless, That no master or commander of any river or bay craft, shall be subject to the payment of any fee by this act imposed.

VI. This act to commence and be in force from and after the first day of January, one thousand seven hundred and eighty-six.

Teeso

CHAP. III.
An act to provide for the appointment

of delegates to represent this com-
monwealth in congress, until the

first Monday in November next. Provision for I. BE it enacted by the General Assembly, That five appointing delegates shall be chosen by joivt ballot of both houses, delegates to to represent this commonwealth in congress from the congress.

time of their appointment, until the first Monday of November, one thousand seven hundred and eighty-six, three of whom at least shall be constantly attending the duties of their office. The persons so appointed, shall each of them have from the governor a credential varied so as to suit the present occasion, and shall be en

titled to the same allowances as are provided by an act, intituled “An act for regulating the appointment of delegates to congress."

CHAP. IV.

An act to provide for the poor of the se

veral counties within this common.
wealth. .

Overseers of

I. BE it enacted by the General Assembly, That the Provision for court of every county within this commonwealth, at the poor. their session to be held in the month of March next after the passing of this act, shall cause their said county to be laid off into convenient districts, and shall direct

C be laid off inthe sheriff of their county to cause publication to be to districts made, that on some convenient day to be appointed by the said court, an election will be held within each district, to consist of freeholders and house-keepers only, for the purpose of chusing three discreet, fit, and pro- . per persons, being freeholders of and resident within the poor to the same, who shall be called and denominated over- be triennially seers of the poor, and shall continue and be in office elected. for and during the term of three years; at the expiration whereof other triennial elections shall be made in e

Superintenmanner herein before directed; and the said court shall, dants of elec. • at the same time, appoint some person in each district tions.

to superintend the election. And the said overseers, upon notice to them respectively being given by the Overseers

À when to meet person appointed in their district to superintendo the election, of their being duly elected, they, or vies on titha. a majority of them shall meet together at some bles. convenient place within their respective districts, betweeen the first day of April, and the first day of August, in every year, and shall levy and assess upon the tithables within their said county (a copy of the list of which shall be furnished them by the clerk of the county) competent sums of money, or tobacco in lieu thereof at a stated price, to be paid at the option of the par

assegs le.

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