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Execution for such Penalty; which Execution he shall issue, and the
Sheriff shall serve and levy the Penalty, in Manner aforesaid: Half
of which Penalty shall be paid to the Informer, for his own Use ;
and the other Half to the Governor, or Commander in Chief, for the
Uses aforesaid.
And whereas, there is not any Exemption, by the Laws now in
Force, of any Member of His Lordship's Council, and of the Upper
House of Assembly, Be it therefore Enacted, by the Authority afore-
said, by and with the Advice and Consent aforesaid, That no such
Member shall be obliged to serve in the Militia, or be inrolled or
inlisted in any Regiment, Troop, or Company thereof; any Law to
the contrary, notwithstanding.
Provided always, That this Act, nor any thing herein contained,
shall be construed to charge the Executors or Administrators of
the Colonel, Lieutenant-Colonel, Major, or Captain, dying, for any
of the Arms aforesaid, more than they shall have in their Possession,
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or shall have received Satisfaction for, from the several Persons,
liable to such Colonel, Lieutenant-Colonel, Major, or Captain, so
dying: Nor any Colonel, Lieutenant-Colonel, Major, or Captain,
succeeding any deceased Colonel, Lieutenant-Colonel, Major, or
Captain, shall receive or take in his or their Possession, or for more
than he or they shall take Receipts for, as aforesaid; but such suc-
ceeding Colonel, Lieutenant-Colonel, Major, or Captain, shall, on
the Death of any Colonel, Lieutenant-Colonel, Major, or Captain,
immediately warn the respective Regiment or Regiments, Companies
and Troops, to a Muster, and then take Receipts for such Arms as
shall then be produced in good Order: The Number thereof, to-
gether with the Condition of such Arms as shall be lost, or spoiled,
as aforesaid, shall by the respective Colonel, Lieutenant-Colonel,
Major, or Captain, be certified to the Governor, or Commander in
Chief, within Thirty Days after such Muster: After which Return
of the Certificate aforesaid, every such Officer shall be liable to each
other, and the Men to such Officer, as is before directed by this Act :
Which Muster and Return, shall be made and had, as aforesaid,
under the Penalty of the Officer neglecting the same, being liable for
the Value of the Arms delivered to the deceased Officer, in whose
Place he shall succeed; which Value shall be ascertained, levied,
paid, and applied, in the Manner, and to the Use afore-mentioned.
Provided also, That no Officer, nor his Executors or Adminis-
trators, shall be liable, by Virtue of this, or any other Act, for such
Arms as shall be delivered to any Person or Persons, which are or
shall be inlisted or inrolled in any Troop or Company, and who shall,
after such Receipt of the said Arms, and before any Satisfaction
made to the proper Officer, for the Loss, Damage, or Embezzlement
of such Arms, either prove insolvent, or run away, or die insolvent.
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p. 28
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