this present Session of Assembly, the Militia of this Province shall
be mustered,
trained and exercised, according to these Directions and Introductions
following,
viz. That every Colonel, Lieutenant-Colonel, Major or
Captain of
Horse or Foot, already commissionated, or hereafter to be commissionated
by
his Excellency the Governor of this Province, for the Time being, shall
have
Power to inlist such and so many inhabiting within this Province, not
hereafter
excepted, in their several and respective Divisions, between Sixteen
and
Sixty Years of Age, as they shall think fit, by as equal Proportions
of the
said Inhabitants as possibly they can, to be of the Militia or Train-Bands
of
this Province: Which said Persons, so inlisted, they shall muster,
exercise,
and train, in and at such Places, and at such certain Times, as to
them shall
seem meet; and as the Service, Safety or Defence of this Province,
shall require,
or as his Excellency the Governor of this Province, or Commander in
Chief, for the Time being, shall see Cause to order. And that
every such Colonel,
Lieutenant-Colonel, Major or Captain, shall give Notice or Summons,
upon every Training or Mustering, to every Person so limited as aforesaid
within his respective Division or limit, art the Head of his Company,
or at
the House of the Party, by an Officer of his Company, or Warrant under
his
Hand, to * appear at such Time and Place as he shall appoint for such
Training
or Mustering. And that if any Man, after such Notice given, and
Summons
as aforesaid, shall neglect to appear at the Place and Time appointed
as
aforesaid, or that refuse, when he hath so appeared, to be inlisted
into the
Militia and Train-Bands aforesaid, or that being so limited, shall
not, from
Time to Time as he shall be summoned or warned as aforesaid, appear
and
bring with him one good serviceable Gun, fixed, with Six Charges of
Powder,
shall, for every such Offence (if a Freeman) forfeit and pay the Sum
of
One Hundred Pounds of Tobacco; and if a † Servant letted or hindered
by
his Master, Mistress, or Overseer, then such Master, Mistress, or Overseer,
to pay the Sum of One Hundred POunds of Tobacco for every Servant
so letted or hindered as aforesaid; for the use of the Troop or Foot
Company
to which he belongs, to purchase Drums, Colours, and other Necessaries
for the said Troop or Company, as the Field-Officers of the Militia
in
that County, or any Two of them, shall direct.
* By 1748, ch. 1, Persons appearing
at Musters, are exempted from all Civil Arrests, as well
going to as coming from the Place of Muster, during Twenty-four
Hours every such Time of
Muster.
† By 1733, ch. 7, §. 11,
no Servants shall be inlisted in the Militia, unless upon such Emergency
as shall be adjudged proper by the Field-Officers of
the County.
II. Provided,
That his Clause be not construed to countenance any Officer
to || press Arms or Ammunition for any further Expedition or Service
that training; but that upon all such Occasions they shall be supplied
out of
the County Magazine or Store. All which Forfeitures shall be
heard, adjudged
and determined by the Colonel, Lieutenant-Colonel, Major, or any Two
of them; and in Account thereof kept in Writing by the Clerk of such
Troop or Company: Which said Colonel, Lieutenant-Colonel, or
Major of
such County, or any Two of them as aforesaid, is hereby authorized
and impowered
to award Execution against the Body, Goods and Chattels of such
persons so neglecting, refusing or failing as aforesaid: And
that upon Occasion
of all such Executions, the respective Clerks and Sheriffs of each
respective
County within this Province, shall issue out, and serve Execution without
Fee or Reward.
|| Unless by Order of the Governor
to a Press-Master. See below; §. 12.
For the Manner of proceeding by such
Field-Officers in adjudging, &c. such Fines; See the
Act of 1722,
ch. 15.
III. And
for settling the Horse Forces, That a Captain of Horse, in each
respective County, for making up of his Troop, shall inlist his Number
of
Men out of the Inhabitants of said the County, according to such
Instructions
as he shall, from Time to Time, receive from the Governor of this Province,
or the Colonel of the County, for the Time being. |
CHAP.
XLIII.
Persons between
16 and
60 Years of
Age, in their
several Division,
to be
of the Militia,
which they
shall muster
and train at
such Places
and Times as
to them shall
seem meet, or
as the Governor
shall order.
Notice to be
given of such
Muster, and
how.
Penalty on
Persons not
appearing accordingly,
&c.
to be applied
to the Use of
the troop or
Company.
Arms or Ammunition
not
to be pressed,
except for
Training.
Forfeitures
how to be adjudged,
&c.
and levied by
Execution.
Captains of
Horse shall
inlist their
Troops according
to
Instructions,
&c. |
