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said Servant, and (hall fend: them so
completely armed and furnifhed to
all such mutters, trainings and exer
cises direded by this Ad ; and in case
such indented servant shall not ap
pear, or his arms, ammunition and
accoutrements be found defedive,
the matter or other person having the
government of such indented servant,
shall, on default made in any of the
premises, be fubjedt to the lame pe
nalties inflided on other persons li
. able to appear and bear arms by this
Ad.
And be it enacted, That no civil
officer shall, on any pretence, execute
any process (unleis tor trealon, felo
ny, or breach of the peace) on any
person at any mutter, or other time,
when such person shall be obliged to
bear arms in pursuance of the direc
tions of this Ad, nor in going to,
ttaying qt, nor iii returning from any
mutter or plase of rendezvous, nor
within twenty four hours after such
person shall be difeharged fiom ap
pearing in the company, regiment or
troop to which he lhall belong; and
the service of any process on any
such person, is hereby declared void
to all intents and purposes. Neither
shall any arms, ammunition, or ac
coutrements which arc required by
this Ad to be provided, be liable to
be seized, diftrained or taken in exe
cution for any ad, cause, matter or
thing; and in case any person shall
seize, levy, or diftrain upon any such
arms, ammunition or accoutrements,
contrary to this Ad, every such per
son, shall forfeit a sum not exceed
ing ten pounds, to be sued for and
recovered agreeably to law.
And whereas the summoning de
faulters personally may be attended
with too great difficulty and incon
venience, Be it therefore enabled.
That the Captains of the several com
panies, shall give five days notice at
least to all such defaulters, by adver
tisement in writing at the mott pub
lic places within the division of the
company to which the said defaulter
shall belong, and the fame shall be
deemed equal to their being perso
nally summoned; and the advertiie
ment shall be to the following efifed,
viz. v
w You, are hereby
lt summoned to be and appear be
ic fore the commissioned officers, in
w the company in which you are en
-4i rolled, commanded by <
<c on next, at the
€C to shew cause, if *any you
€t have, why you should not be fin-
M ed. Os this fail not at your peril.
44 Dated at the
<c day of
“ A. B.”
* And be it further enabled, That
every warrant issued for tfrejevying
any fine, or for the imprisonment of
any delinquent, where no diltrefs
can be made, shall be agreeable to
the following form:
“ Whereas
“ a person enrolled, and liable to
“ bear arms in the said company
is by
“ duly adjudged, and he the said
“ has forfeited for the offenco afore
.€< laid, the sum of which
“ sum the said has
“ negleded to pay within the space
“ of ten days next after the Adjudi
“ cation j these are therefore, in the
“ name of the State, to charge anu
4< command you or either of you,
forthwith to .levy on the goods
“ and chattels of the said
“ the sum of and the said /
'* goods and chattels you shall ex- \
“ pole to sale, and fell at public out
“ cry to the highest bidder. First
u giving ten days*notice of iuch sale,
“ and out of the monies, you are
“ firil to dedud the sum of
“ and all reasonable charges and
“ expences; and the overplus, if
“ any there be, you shall return and
cc lender to the said
u and if no goods and chattels are
“ to be found whereon to levy the
" said lum of then arid
“ in that case, you are hereby com
“ manded to take the body of the
“ said and him fafely
“ convey to the nearest goal, and de
“ hver him to the keeper thereof,
“ commanding him the said keeper,
“ to receive the body of the laid
<c and detain him in his cuttody, not
“ exceeding thirty days for each of
<c ffence, or until he shall be other
“ wife discharged by the command
“ ing officer. Hereof fail not, and
“ this shall be your lufficient war
“ rant. Dated at the
** day of
" A. B.”
Which warrant shall be directed
to, and executed by the ferjeant of
the company, or any constable with
in the county in which the company
shall do militia duty.
And whereas vacancies will fre
quently happen among the general,
field, and battalion officers of the
militia by death, resignation, or other
ways, Be it therefore enabled by the
authority aforefaid y that all iuch va
cancies shall be filled in the follow
ing manner, viz. Every general of
ficer appointed to fill a vacancy shall
without regard to priority of rank
be chosen or eleded by the Legisla
ture, agreeably to the usual mode of
eledions, and when so chosen shall
be commissioned by the Governor in
Council, and shall take rank accord
ing to the date of such commiflion ;
and when a vacancy or vacancies shall
happen among the officers of inferior
J 1
iank, the £»me lLali be nobbed to
the general or commanding officer of
the brigade, by the Colonel or officer
commanding the regiment in which
such vacancy ffiall happen j where
upon the General or officer com
manding such brigade is hereby au
thoriied and empowered to order a
Court to fit, consisting of five of
ficers, of which one ffiall be a field
officer, of the regiment in which such
vacancy ffiall have happened, who
ffiall have power to nominate and
recommend three , persons, living
within the battalion or company
diftrid, as the case may be, out of
whom the Governor, with the ad
vice andconfentof the Council, ffiall
com million one to fill such vacancy
without regard to his rank: And
that the tommiffion of any officer
who does not reside in the diftrid of
the battalion or company which he
has been chosen to command, is
hereby made void.
And whereas it may contribute
very much to the fafety of this state
to have troops of horse, and com
panies of artillery in readiness upßn
particular occasions, Be it enacted ,
1 hat the Governor and Council are
empowered, upon application being
made by any commanding officer of
a battalion or regiment, to permit the
vol untary enrollment of one or two
companies of h orle or artillery $ and
that the Governor, with the advice
and content of Council, is hereby
authoriled and empowered to com
mission such peffons as officers of the
said companies,, who ffiall be recom
mended by a Court of officers con
stituted as heretofore direded.
And belt further enacted , That no
free male persons, between the ages
of iixteen and fifty, ffiall be exempt
ed from militia duty, except the
Members of the Legislature, the
Members of the Executive Council,
the Chief Justice, and such Justices
of the Peace as have qualified agree
ably to law, Ministers in Orders, the
Attorney General, the Treasurer,
the Secretary of the State, the Sur
veyor General, the Clerk, Register
of Probats, and Sheriff of each coun
ty, the Secretary of the Executive
Council, the Clerk of the General
Afiembly, commiffiened officers who
served five years in the continental
army, unless they possess the fame
or a higher rank in the militia than
that which they held in that army at
the expiration of thejate war, or at
the times of their resignation, Pub
lic Printers, Officers of the Cuflcms,
Praditioners of Physic or Law,
Goalers, Wardens of Workhouses,
Schoolmefters, Students in the Aca
demies, Students of Law or Physic
youths at school, millers attending
grist-mills, pilots, seamen, and crip
ples.