Imágenes de páginas


Courts in art

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

IX. Be it therefore enacted, That the governor, with Governon the advice of council, shall have power to arrest the pow

panty hru county-lieutenant, or commanding officer of a county, innré. 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-heu. ing officer of a county, may also be arrested by such tenants po***

er ovce offi. commanding officer, and reported to the governor for cers trial, or at the option of such commanding officer, a general court-martial, lo 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 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 coasututed there is not a sufficient number of officers in any counly to constitate 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 offending, shall be tried by a like general court-martial, and may, on 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 goverpor, ten pounds, and upon a summons of the commander of a county, live pounds; to be reported by the commanding officer amongst other delinquencies, 10 the court aforesaid.

X. And be it further enacted, That the commander Court of en. of a county shall, on some day in the months of May quiry and as. and November (his general muster being over) sum- sessment of mnon all his field-officers and captains, a majority of

Bopfines, how to

my "be constitu. whom, one being a field-officer, shall form a court of eed. enquiry and assessment of fines. The said court shall take the following oath, to be administered by any one

of the field-officers to the otlier members, and afterwards by any one of them to hini, to wit:“1 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 Trines, how to on them. · All fines to be assessed by virtue of this act, le collected; sball 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 mounted fur. 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 previ

ous notice, obtain judgment for the same in the county When dis- court, with costs. And should any person so charged trained for 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.When ac. The cominanding officer of every county shall, on or counted for before the thirty-first day of December, in every year, with the ex. ocuitive.

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, i

XI. Be it enacted, That the following forfeitures and F rfeitures and delin penalties shall be incurred for delinquencies, viz.' By cuencics. the county-lieutenant or commanding officer of a counCounty lieu• ty, for failing to take any oath, to summon any court ienant.

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 relurn of bis 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 Colonel

governor, or to turn out his militia opon an invasion
or insurrection of his county, fifty pounds: By a colo-
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 regimeat, to re-
port 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 insurrec-
tion in his county, or requisition of any neighbouring
county, lwenty-five pounds: Lieutenant-colonel or ma-
jor, for failing to take any oath, to attend any court
or board, to attend any muster armed as is herein di.
rected, they shall respectively for each and every such
offence or neglect, forfeit and pay eighit 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 neigh-
bouring county, they shali each forfeit and pay sixteen
pounds: By a captain, for failing to take an oath, to
attend any court, to inroll bis company, to appoint
private musters, to give notice of a general or regi-
mental 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 sach officers
and men, as the commanding officer from time to time
shall order from his company, upon any call from the
governor, iavasion 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
officer, for failing 10 take any oath, to attend any court
or muster, armed as directed, for each of the said of-
fences he shall forfeit avd pay three pounds; failing to
repair to the place of rendezvous, armed as required,
when ordered upon any call from the governor, inva-
sion 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



[ocr errors]

Non commis- tried for the same as military offenders: - By a mort ed officers

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

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 front a neigh

bouring county, he shall forfeit and pay two pounds. Arms ex. All arms, ammunition, and equipments, of the militia, empted from shall be exempled 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 mus

ters, and while in actual service. Each court or board, Officers of by this act directed to be held, are empowered to apcourt.

point a clerk and provost-martial; such clerk shall keep a fair record of their proceedings, and together with the said provost-martia), receive such allowance,

to be paid out of the fipes arising from delinquencies, when tu be

s, as the said court or board shall think reasonable. No

as the said court or boar 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. '

A 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 mennonists, of any

privilege granted them by any former law. Provided Power to use, also, That the governor, with advice of the council,

hit me governor, suspend.

is hereby elopowered 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,


An act for the appointment of harbour maslers, and declaring their duly.

I. WHEREAS it is represented that the appoint

Preamble. ment of harbour-masters would tend to the preservation of order and regularity in the several ports and bar. bours within this commonwealth,

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


mastens, 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 epicring on the said office, take the following oath before their county or corporation court: “I du

Oatlı swear that I am a citizen of the commonwealth or Viru ginia, 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- Power and masters to be appointed by virtue of this act, shall have dus. full and ample power to cause all ships and other vessels that may come within his district, to moor in stich 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 navigatiou. Any master or commaoder 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 relusal, to be recovered iu 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 hoars after their several arrivals. Any harbour-masters failing to give directions for the moor- Penule for ing of any vessels within the time prescribed by this neglect. act, shall forfeit and pay fifteew pounds, for the use of


« AnteriorContinuar »