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L. H. J.
Liber No. 48
May 22
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Court Martial for any Offence under this Act, Shall be liable to be
Tried a Second time for the same Offence.
And Be it Enacted by the Authority aforesaid, That it shall and
may be lawful for the Commanding Officer of any Person Guilty of
the Offence aforesaid to Commit Such Person and have him Safe
kept, so as that he may be brought to his Trial for any of the said
Offences. And Be it Enacted by the Authority aforesaid, That if it
shall happen that any Trooper's Horse shall be killed by an Enemy
in Actual Service, then the Said Troper to be Paid for the Said
Horse by the Publick. Provided always that nothing in this Act
Contained, shall oblige or Compell any of the People Called Quakers
or any of the Congregation called, Unitas Fratrum, or United
Bretheren who from Religious or Conscientious Scruples are averse
to the Bearing of Arms and Performing Military Service to Inlist
or do Duty in the Militia of this Province; And provdied also and
be it further Enacted that no thing in this Act contained shall be con-
strued to extend to any Member of the Upper or Lower Houses of
Assembly Except such as shall take Military Commissions under
this Act to any Person in Holy Orders and Provided also, that any
Number of the Upper or Lower House of Assembly Taking a Mili-
tary Commission as aforesaid, the Clerks and other Officers of the
Upper and Lower Houses of Assembly shall be Exempt from all
Duties and Services during the Sitting of the Assembly.
And Provided also that nothing in this Act contained shall extend
to the Justices of the Provincial or County Courts Attorneys at
Law, Sheriffs or other Ministers and Officers belonging to any of
the Said Court during the time that Such Courts shall Sit, And Pro-
vided also that nothing in this Act contained shall extend to Coalers,
Ferrymen, Millers, Mariners, Watermen, usually employed in any
Craft, Persons employed in Furnaces or Iron Works, Physicians,
Surgeons, and Apothecaries, Except in time of actual Invasion, Rebel-
lion, or Insurrection, when all and every the Said Persons in this
Clause mentioned, being of the Militia, Coalers and Ferrymen Ex-
cepted, shall be liable to the Same Duty and Service as if this Proviso
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p. 312
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had not been herein inserted except Such Physicians, Surgeons, and
Apothecaries, who in Ten Days after the Publication of this Act,
Shall give in their Names in writing to the Colonel or Commanding
Officers of the Counties, wherein they shall reside, and engage to
attend in their Profession with Proper Medicines and Instruments,
upon any part of the Militia whilst in actual Service as they shall be
directed by the Said Colonels or Commanding Officers; and Such
Physicians, Surgeons, and Apothecaries, who shall engage as afore-
said shall be and are hereby exempted from all Service in the
Militia whatsoever, But in Case any Physician Surgeon, or Apothe-
cary, shall engage as aforesaid, and upon receiving the direction
of the Colonel or Commanding Officer aforesaid, shall wilfully refuse
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