Preamble.
Defect of
former Laws.
The Power of
the Field Officers
confirmed.
The Governor
may order
Arms to
be delivered
to the Colonel
of each
County, and
Captain of
each Independant
Company,
for which
they shall
give Receipts,
&c.
How the Value
shall be
determined,
paid and laid
out.
On Non-Payment,
such
Value shall
be levied by
Execution. |
WHEREAS the Dominion of his Majesty, the Government of his
Lordship, and the Properties of the Inhabitants of this Province,
ought to be guarded with such ready Defence, as might be able
to resist any sudden Invasion, or hostile Attempt: And whereas the
several
Provisions hitherto intended by the Legislature of this Province, as well
as
the several Sums of Money laid out in the Purchase of Arms and Ammunition,
for those Purposes, have not had the desired Effects, in a proper Regulation
of the Militia of this Province, by reason of some Defects in the Laws
already made;
II. Be it therefore
Enacted,
by the Right Honourable the Lord Proprietary,
by and with the Advice and Consent of the Upper and Lower Houses
of Assembly,
and the Authority of the same, That any Colonel, Lieutenant-Colonel,
or
Major, already commissioned, or hereafter to be commissioned, by the Governor,
or Commander in Chief, for the Time being, or any Two or more
of them, shall have the same Powers and Authorities, in the Execution of
any Laws now in Force concerning the Militia, as the Colonel, Lieutenant-Colonel,
or Major, intended by the said Laws, are invested with: Provided,
the Number of such Officers, who shall at any Time act, or execute any
Part of the said Laws, be the same as is directed for such Purposes,
by the
said Laws.
III. And be it
further Enacted,
by the Authority aforesaid, That his
Excellency
the Governor, or Commander in Chief, for the Time being, shall and
may, at any Time or Times, as to him shall seem meet, cause or order to
be delivered
out of the Public or County Magazine, or Store, such and so may Arms
as to him shall seem proper, to the Colonel of each County, and the Captain
of every Company within any Town or Corporation of this Province:
For which said Arms, the said Colonel and Captain, shall give his and their
Receipt and Receipts; which said Receipt and Receipts shall be recorded
in
the Council-Book of this Province; and the Record thereof allowed as good
Evidence against such Colonel or Captain; and shall account with and be
answerable
to the Governor, or Commander in Chief, for the Time being, from
Time to Time, for the same, or the Value thereof, or of so many as shall
not be produced to his Excellency the Governor, or Commander in Chief,
for the Time being, or to such person or Persons as shall be appointed
by the
Governor, or Commander in Chief, for the Time being, for such Purpose,
when he or they shall demand the same, in as good Order and Condition as
they ought to be: Which Condition and Value, shall and may be adjudged
and determined by his Excellency the Governor, or Commander in Chief,
for the Time being, or by such Person or Persons as shall be appointed
by the
Governor, or Commander in Chief for that Purpose: Which Value, being
so determined, such Colonel shall pay to his Excellency the Governor, or
Commander in Chief, for the Time being, or to such Person or Persons as
shall be appointed by the Governor, or Commander in Chief, for that Purpose;
to and for the Purchase of Arms and Ammunition, for the Use of the
Regiment or Regiments in the respective County to which the said Colonel
belongs. And upon the Neglect or Refusal of such Colonel or Captain,
to
pay such Value, it shall and may be lawful, to and for his said Excellency,
or Commander in Chief, or such Person or Persons as shall be appointed
by
the Governor, or Commander in Chief, for that Purpose, to certify such
Neglect
and Refusal, under his or their Hands, to the Clerk of the respective
County, and require the same Clerk to issue an Execution for such Value,
against
the Body, Goods or Chattels, of such Colonel or Captain: Upon |
