CHAP.
XLIII.
Press-Masters,
yearly,
&c.
Press-Masters,
refusing, &c.
to serve, forfeit
500 lb
Tobacco.
The Booty,
&c. of any
Indians, or other
Enemy
taken in War,
shall belong
to the Captor.
Soldiers
maimed in
the Service,
shall have
yearly Pensions
out of the
Public Levy.
If slain, the
Widow to
have a Pension,
and the
Children to
be taken Care
of, &c.
Such Pensions
to be paid
yearly out of
the 50000 lb
Tobacco, to
be raised as
hereafter is
provided in
§. 17 and 18.
The Pensioners
to have
Certificate
from the
County
Court.
Any Person
refusing to
serve in Defence
of the
Province, on
any Invasion,
shall be
Brought before
some
County Magistrate,
and if his Excuse
be found
insufficient,
he shall be
bound over to
the Provincial
Court,
and on Conviction,
be
punished by
Fine and Imprisonment. |
by the Clerk of the Court, nominate and appoint such and
so many Press-Masters,
for every County as aforesaid, shall each of them forfeit any pay
unto his majesty, his Heirs and Successors, for the support of Government,
the Sum of Five Hundred Pounds of Tobacco; and such Press-Masters,
who
shall be so nominated and appointed, as aforesaid, by such Precept
as aforesaid
to him or them directed, and shall thereupon refuse or neglect to serve
and truly perform and execute the said Place and Office of Press-Master,
shall
forfeit and pay unto his Majesty, his heirs and Successors, for the
Support of
Government, for every Time he or they so nominated and appointed, shall
refuse to serve as aforesaid, the Sum of Five hundred Pounds of Tobacco.
XIV. And
for the better Encouragement of such Soldiers as shall, in the
Time of War, adventure in the Service of the Country, and in Defence
thereof, against indians and others; Be
it Enacted, by the Authority aforesaid,
That the Booty, prize, pillage, or Plunder, or any Indian or
other seized or
taken Prisoner, shall be, by the Commander in Chief, bestowed in such
Officer,
Soldier or Soldiers, taking and seizing the same.
XV. And
for the Encouragement of such Soldiers as shall adventure their
Lives in the Service and Defence of this Province, and for Provision
of some
reasonable Pension to be for the future settled on such Soldiers as
shall happen
to be maimed or rendered incapable to get a Livelihood for themselves
or Family;
Be it Enacted, by the Authority
aforesaid, That every person that shall
adventure as a Soldier, in any War or Defence ofd this Province, and
shall
therein happen to be maimed, or receive Hurt, so as to be rendered
incapable
of getting a Livelihood as aforesaid, shall, according to his Disability,
receive
a yearly Pension, to be raised out of the Public Levy of this Province,
during
the Time of such his Disability. And every Person slain in the
Service
of this Province, leaving behind him a wife and Children, there shall
also be
allowed a competent Pension to the Wife, during her Widowhood, 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 per Annum to be raised bu the Governor
of
this Province, for the Time being, or the COuncil, as in this Act is
hereafter
provided in the Intervals of Assemblies: the Party, petitioning
for such
Pensions and Allowances, 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.
XVI. And be it
further Enacted, by the Authority aforesaid, that if, upon
any foreign Invasion, any Person or Persons whatsoever (except before
excepted)
that shall be pressed, or be an inlisted Soldier within this Province,
shall, upon the Command of his Officer, being a Captain at the least,
obstinately
refuse to appear and serve in Arms for the necessary Defence of this
Province, such Person or Persons so obstinately refusing to appear
and serve in
Arms as aforesaid, to the next Justice of the Peace of the County where
such Party
liveth, be proceeded against in Manner following, (that is to say,)
The same
Justice of the Peace, to whom such Certificate as aforesaid shall be
made,
shall immediately issue out a Warrant to the Constable of the Hundred
where
such Party liveth, to apprehend him, and bring him before himself,
or some
other Justice of the Peace of the same County, there to render a sufficient
Excuse,
i f any he hath, for such his Refusal or Non-appearance as aforesaid:
And
if the Justice of the Peace shall not find the Excuse of such Party
in such Case
to be reasonable and sufficient, then he shall immediately commit such
person
to the Custody of the Sheriff of such County, there to remain until
he shall
find Surety to appear at the next Provincial Court to be held for this
Province,
there to be proceeded against according to the due Course of Law;
and if thereupon he shall be convict of such obstinate Refusal or Disobedience |