CHAP.
VII.
Public Arms
to be Mark'd.
Penalty on
Persons
knowingly
Selling or
Purchasing
such Arms.
No Member
of the Council
obliged to
serve in the
Militia.
How far the
Executor of
an Officer deceased,
shall
be chargeable
with Public
Arms.
Succeeding
Officers how
far chargeable.
No Officer
liable for
Arms delivered
to insolvents. |
XIV. And
to
prevent the Embezzlement of the Public Arms, Be
it Enacted,
by the Authority aforesaid, by and with the Advice and
Consent aforesaid,
That all the Public Arms shall be Marked with such Marks, and in such
Manner, as the Governor, or Commander in Chief, shall think most proper,
to denote such Arms to belong to the Public; after which Marks so made,
no Person or Persons whatsoever, shall presume to Sell or Purchase such
Arms so Marked, or where the Mark appears to have been defaced, or knowing
the same to be Public Arms, under the Penalty of Forty Shillings; to be
recovered against the Seller; and the like Penalty of Forty Shillings,
to be recovered
against the Purchaser, for every Offence, before a single Magistrate,
upon the Oath of one or more credible Witness or Witnesses: Which
said
Magistrate shall issue his Warrant to the Clerk of the County, directing
him
to issue an Execution for such Penalty; which Execution he shall issue,
and
the Sheriff shall serve and levy the Penalty, in Manner aforesaid:
Half of
which Penalty shall be paid to the Informer for his own Use, and the other
Half to the Governor, or Commander in Chief, for the Uses aforesaid.
XV. And whereas,
there
is not any Exemption by the Laws now in
Force, of any Member of his Lordship's Council, and of the Upper House
of Assembly, Be it therefore Enacted,
by
the Authority aforesaid, by and with
the Advice and Consent aforesaid, That no such Member shall be obliged
to
serve in the Militia, or be Enrolled or Inlisted in any Regiment, Troop,
or
Company thereof; any Law to the contrary notwithstanding.
XVI. Provided
always,
That this Act, nor any Thing herein contained,
shall be construed to charge the Executors or Administrators of the Colonel,
Lieutenant-Colonel, Major, or Captain, dying, for any of the Arms aforesaid,
more than they shall have in their Possession, or shall have received Satisfaction
for, from the several Persons, liable to such Colonel, Lieutenant-Colonel,
Major, or Captain, succeeding any deceased Colonel, Lieutenant-Colonel,
Major, or Captain, shall receive or take in his or their Possession, or
for more than he or they shall take Receipts for, as aforesaid; not such
succeeding
Colonel, Lieutenant-Colonel, Major, or Captain, shall, on the
Death of any Colonel, Lieutenant-Colonel, Major, or Captain, immediately
warn the respective Regiment or Regiments, Companies and Troops, to
Muster, and then take Receipts for such Arms as shall then be produced
in
good Order: The Number thereof, together with the Condition of such
Arms as shall be lost, or spoiled, as aforesaid, shall by the respective
Colonel,
Lieutenant-Colonel, Major, or Captain, be certified to the Governor, or
Commander in Chief, within Thirty Days after such Muster: After which
Return of the Certificate aforesaid, every such Officer shall be liable
to each
other, and the Men to such Officer, as is before directed by this Act:
Which
Muster and Return, shall be made and had, as aforesaid, under the Penalty
of the Officer neglecting the same being liable for the Value of the Arms
delivered to the deceased Officer, in whose Place he shall Succeed; which
Value shall be ascertained, levied, paid, and applied, in the Manner, and
to
the Use afore-mentioned.
XVII. Provided
also,
That no Officer, nor his Executors or Administrators,
shall be liable, by Virtue of this, or any other Act, for such Arms as
shall be delivered to any Person or Persons, which are or shall be Inlisted
or
Enrolled in any troop or Company, and who shall, after such Receipt
of
the said Arms, and before any Satisfaction made to the proper Officer,
for
the Loss, Damage, or Embezzlement of such Arms, either prove insolvent,
or run away, or die insolvent.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
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