CHAP.
VII.
Penalty on
Refusal,
to be levied
by Execution
on Certificate
of such Officer,
&c.
The Value of
such Arms
may be levied
on Execution,
and paid to
the proper
Officer for his
own Use.
Powers of Officers
of Independant
Companies.
The Captains
to be liable
foe Arms to
the Governor,
and the Men
to the Captains. |
as aforesaid, to deliver, or cause to be delivered, to such and so
many
Person and Persons, who are, or shall be inlisted or enrolled in his or
their
Troop or Company, within this Province, such Arms as the respective Colonel,
Lieutenant-Colonel, Major, or Captain, shall think proper for such
Person or Persons in his respective Troop or Company to have: And
which
Arms such Person or Persons are hereby obliged and directed to receive,
and
to give a Receipt for the same, to such Lieutenant-Colonel, Major or
Captain,
under Penalty of Two Hundred Pounds of Tobacco; which said Penalty
shall be recovered against such Person or Persons.
VI. And
such
Execution shall be issued by the Clerk of the respective
County, on the Certificate of the respective Colonel, Lieutenant-Colonel,
Major or Captain, certifying the Refusal to accept and give a Receipt for
such Arms as aforesaid, directed to the Sheriff, (or Coroner, of the Person
refusing should be Sheriff:) And which Execution shall be served,
and the
aforesaid Sum of Two Hundred Pounds of Tobacco, levied by the Sheriff,
or Coroner, of the respective County, in Manner as before directed; and
such Sum, when levied, shall be paid, once in every Year, to the Governor,
or Commander in Chief, for the Time being, for the Uses afore-mentioned.
And in case such Person or Persons cannot produce such Arms so received,
in
as good Order and Condition as they ought to be, when he or they shall
be
required by the respective Colonel, Lieutenant-Colonel, Major or Captain,
who may have a Troop or Company as aforesaid, then it shall and may be
lawful for his Excellency the Governor, or Commander in Chief, for the
Time being, or some Person authorized by him, upon Application to him
made by such Colonel, Lieutenant-Colonel, Major or Captain, to assess and
value such Arms, so not produced: Which Valuation shall be certified
by his
Excellency the Governor, or Commander in Chief, for the Time being, or
such Person as shall be appointed by the Governor, or Commander in Chief,
for that Purpose, to the Clerk of the respective County, directing him
to issue
an Execution for such Value, against the Body, Goods or Chattels, of
such Person or Persons not producing the Arms as aforesaid to the Colonel,
Lieutenant-Colonel, Major or Captain, for the proper Use of such Colonel,
Lieutenant-Colonel, Major or Captain: Which Execution shall be directed
to the Sheriff, or Coroner if such Person shall be Sheriff, and shall
be executed;
and the Value levied and raised in manner afore-directed, by he Sheriff,
or Coroner, of the respective County; and the same shall be paid to the
proper Colonel, Lieutenant-Colonel, Major or Captain, for his own Use and
Benefit.
VII. And whereas,
there are, and may be,
several Companies in Towns,
Independant of the Authority or Command of the Colonels of the respective
County or Counties; Be it Enacted,
by
the Authority aforesaid, That the
Captain, Lieutenants, and Ensign, or any Two of them, shall have the same
Powers and Authorities to execute this, or any other of the Laws now
in
Force within this Province, relating to the Militia thereof, in and over
their
Company or Companies, in as full and ample Manner, as the Colonel, Lieutenant-Colonel,
or Majors, or any Two of them, can or may do, in and over
their respective Regiments, Troops, or Companies, by virtue of this, or
any other Law now in Force.
VIII. And also,
That the Captain pr Captains of such Company or Companies,
within such Town or Towns, shall receive proper Arms from, and
be liable and accountable to, his Excellency the Governor, or Commander
in
Chief, for the Time being, for such Arms, in the same Manner as is before
by this Act directed with regard to the Colonel. And the Value of
the
Arms not produced as aforesaid, shall be set, proceeded for, levied and
applied,
in the same Method afore-mentioned in relation to the Colonel; and the
respective Men shall be liable and accountable to such Captain for such
Arms |