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p. 243
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of the Country and defence thereof against any Indians Be it
Enacted that the free booty Prize Pillage or Plunder or any
Indian seized or taken Prisoner shall by the Commander be
Equally distributed and divided amongst the Soldiers by a
Division & distribution be made by the Poll.
10thly And for the Encouragement of such Soldiers as shall
adventure their lives in the Service and defence of this Prov-
ince and for a Provision of some reasonable Pensions to be for
the future setled on such Soldiers as shall happen to be
maymed and renderd uncapable to get a lively hood for
themselvs and family Be it Enacted by the authority aforesaid
that every person that should Adventure as a Soldier in any
Warr in defence of this Province and shall therein happen to
be maymed or receive hurt, so as to be rendred uncapeable of
getting a livelyhood as aforesaid, shall according to his dissa-
bility receive a yearly pension to be raised out of the Publick
Levy of the Province for the time of such his disabillity, and
every person slayn in the Service of this Province leaving
behind him a wife and Children, shall also be allowed a Com-
petent Pension, the wife during her Widdowhood and the
Children till they be of years able to get their living, or be
put out Apprentices, and that this Pension be yearly paid and
allowed out of the fifty thousand pounds of Tobacco p ann. to
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p. 244
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be raised by the Governor of this Province for the time being
or the Councill as in this Act is hereafter to be provided in
the intervalls of Assemblys the Party Petitioning for such Pen-
sion and allowance procuring a Certificate from the County
Court where he she or they live, that he she or they are
objects of Charity and deserve to have such pension and
allowance. Provided that this Act nor any thing therein con-
teyned shall not repeat or be construed to repeat the per-
petuall Laws of this Province Intituled An Act for such as
shall adventure in the Countrey Service
11thly And be it further Enacted by the Authority afore-
said, That if upon any Forreign Invasion any person or per-
sons whatsoever (except before Excepted) that shall be prest
or be an inlisted Soldier within this Province shall upon the
Command of his Officer being a Capt at the least obstinately
refuse to Appear & Serve in Armes for the necessary defence
of this Province such person or persons so obstinately refusing
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