year's rent, may proceed to execute his judgment; and the fheriff or officer ferving the fame, is hereby empowered and required to levy and pay to the plaintiff, as well the money or tobacco fo paid for rent as the execution money. a LV. ALL acts, or parts of acts, coming within the purview of this act, Repealing clause shall be, and are hereby repealed: Provided always, that nothing in this act, shall be construed to affect any rights, remedies, fines, forfeitures, penalties or amercements, which have accrued, been vefted, or incurred prior to the commencement of this act. LVI, PROVIDED also, That all executions iffued under any former act, hall go on to be fatisfied, or replevied as fuch former act directs; and all twelve months or replevy bonds taken, or which shall be taken under any former act, fhall have executions iffued thereon, in like manner as is directed in cafes of twelve months, or replevy bonds to be taken under this act. LVII. THIS act shall commence and be in force, from and after the pafs- Commencement & duing thereof, until the first day of January, one thoufand feven hundred and ration of this aft. ninety-five. CHAP. CLII. An Act to amend the Act for regulating the Militia of this Commonwealth, I. [Paffed the 2d of December, 1793.+] THEREAS it is reprefented to this prefent General Affembly, that Preamble, W many county and to failed to recommend proper perfons for officering the militia of the feveral regiments, battalions and companies within their respective jurifdictions, according to the directions of the act, intituled, "An act for regulating the militia of this common-wealth," and it is expedient that the faid act should be carried into full effect: II. BE it therefore enacted, That the feveral county and corporation courts, County and corporation fhall, and they are hereby required, on or before their refpective courts, to be courts to recommend ofheld in the month of May next, recommend to the governor and council the ficers. officers neceffary to complete the regiments, battalions and companies within their respective jurifdictions, pursuant to the directions of the above recited act, ecommending the faid officers according to their grades and feniority within their refpective companies; and in cafe of failure herein, each and every juf- Penalties for neglect. tice fo failing, fhall forfeit and pay ten dollars, to be recovered as other penalties incurred by law, for failing to difcharge the duties of their respective offices; one moiety whereof fhall be applied to the nfe of the commonwealth, in aid of the contingent fund, and the other to the ufe of the informant or perfon fuing for the fame. III. AND be it further enacted, That all vacancies hereafter happening in Vacancies, how to be the officers of the militia of this commonwealth, fhall be fupplied by appoint- fupplied, ment of the governor, with the advice of the privy council, on recommenda tion from the refpective county and corporation courts. Any thing in the faid recited act to the contrary, notwithstanding. IV. SO much of the faid act as authorifes the adjutant-general to convene Part of the act of 1792 the infpectors of brigades for the purpose of receiving inftructions, fhall be, repealed. and the fame is hereby repealed. Atructed. V. AND be it further enacted, That the commiffioned officers of the feveral Commiffioned officers regiments shall meet twice in every year within their respective regimental dif- to be trained and intricts, for the purpose of being trained and inftructed by the brigade infpectors. The days and places of meeting to be fixed on by the commanding officers of the brigades to which the regiments belong. The officers thus affembled, shall each continue two days, and no longer, every time they fhall be called out. Every officer failing to attend fuch meeting, on being fummoned, not having a reasonable excuse, to be adjudged of by a court-martial, fhall forfeit and pay five dollars, to be appropriated as the other fines are by the faid act. VI. AND be it further enacted, That the seventh section of the faid recited aft, fhall be, and is hereby repealed. VII. AND be it further enacted, That inftead of a fine of fifty cents upon any non-commiffioned officer or foldier, for failing to appear at mufter, according to the directions of the above recited act, a fine of feventy-five cents shall (a) 1748, b. 10, se:. 5, 6. † See chs. 146, 153, and acts of 1795, h. 1. Part of the act of 1792 repealed. Fines on non-commifhoned officers and foldiers for not attending mufters 1793. 308 IN THE EIGHTEENTH YEAR OF THE COMMONWEALTH. be impofed. If any non-commiffioned officer or private fhall be returned asą delinquent in not appearing armed and accoutred as the law directs, the court martial before whom the fame fhall be tried, may, if it appear reasonable, from the indigent circumstances of the delinquent, remit the fine incurred by him; provided every fuch delinquent, who hath a firelock of any kind, shall make it appear, that he brought the fame to the mufter. VIII. THE fines and penalties incurred by infants and apprentices for the On infants and appren- breach or neglect of their duty in any particular fervice by law required of them, thall be paid by the parent, guardian, or mafter. tices. Mufters of companies. Training the militia jn IX. THERE fhall be a mufter of each company of militia once in every two months, except the months of December, January, February, and March, in every year. X. AND whereas it is improper that the militia in the frontier counties, frontier counties may be fhould be drawn from their dwellings in times of danger, merely for the purdifpenfed with. pofe of training; Be it enacted, That the commanding officers of the brigades on the frontiers of this ftate, may difpenfe with the execution of this law, fo far as relates to training the militia in fuch companies, battalions or regiments within their commands, as they fhall judge expedient; and they shall inftru& their brigade infpectors accordingly. Lifts of fines, when to be delivered to the co lectors. Exemption of millers from militia duty; Of Ferrymen'; Of Quakers and Menonits. Divifion of the militia talions. XI. LISTS of fines fhall be delivered to the fheriffs on or before the thirtyfirst day of December, inftead of the first day of January in every year. XII. THE exemption of millers from militia duty, under the above recited act, shall be conftrued only to extend to fuch perfons as are actually and neceflarily employed in the management of water grist mills, legally established. XIII. ALL ferrymen, actually and neceffarily employed as fuch, shall be, and they are hereby exempted from militia duty. XIV. AND all Quakers and Menonifts religiously fcrupulous of bearing arms, and having a certificate from their respective focieties according to the rules thereof, of their being members of fuch fociety, shall be, and they are hereby exempted from actual fervice in the militia; provided they shall furnish a fubftitute for fuch fervices, to be approved of by the commanding officer of the company. XV. AND be it further enacted, That fo much of the above recited act, as relates to the exemption of Quakers and Menonifts from militia duty, is hereby repeated. XVI. AND be it further enacted, That the county of Loudoun fhall cominto regiments and bat- pofe two regiments and four battalions; that the counties of Berkeley, Culpeper, Shenandoa, Fauquier, Acmack, Amberf, Norfolk, Halifax, Pittsylvania, Dinwiddie, Mecklenburg, Be ford, albemarle, Brunswick, Montgomery, Wythe, Prince William, Hanover, and Frederick, thall compofe two regiments and four battalions each; that the counties of Middlesex and Effex, fhall each compofe one battalion, which two battalions fhall compole one regiment; that the counties of Richmond and Westmoreland, fhall each compose one battalion, which two battalions fhall compofe one regiment; that the counties of Powhatan and Cumberland, fhall each compofe one battalion, which two battalions shall compofe one regiment; that the counties of Harrison and Randolph, shall each compofe one battalion, which two battalions fhall compofe one regiment; that the counties of Charles City and New-Kent, fhall compofe each one battalion, which two battalions fhall conftitute one regiment; the counties of Elizabeth City and Warwick, one battalion; and the counties of York and James City, one battalion, which two battalions thall compofe one regiment; and each of the other counties in this commonwealth, and alfo the city of Richmond and borough of Norfolk, fhall compofe each one regiment, and two battalions. XVII. A COMPANY of militia ellablished by virtue of the above recited Number of men in each act, fhall not exceed one hundred, nor less than fifty rank and file. Whenfoever any company diftrict shall contain more than one hundred perfons, subject to be inrolled in the militia, by the captain or commanding officer thereof, the fame fhall be divided into two districts, to be established in the fame manner, as other diftricts are established by the faid act; which new district thus formed, fhall conftitute an additional company, to the battalion of which it is a part. company. Further time allowed for forming battalion and compa y liftricts. XVIII. AND whereas the officers of the militia in feveral counties of this commonwealth, have failed to arrange their respective counties into districts for the formation of the f veral battalions and companies, eftablished by the « 4B for regulating the militia of this Commonwealth :" Be it enacted, that a further tim of eight months. from the paffing of this act, thall be allowed the faid of ficers for arranging the proper ditrids, pusuant to the directions of the above IN THE EIGHTEENTH YEAR OF THE COMMONWEALTH. recited act. The feveral battalions and companies established by this act, shall be arranged into districts in the fame manner as the battalions and companies eftablished by the above recited act. XIX. AND be it further enacted, That fo much of the above recited act, as Part of the act of 1792 declares that the light companies of grenadiers, light infantry and riflemen, refpecting light compa shall be compofed of men from eighteen to twenty-five years of age, be, and nies, repealed. the fame is hereby repealed. XX, AND be it further enacted, That in all cafes of doubts refpecting the Rules refpecting agre age of any perfon inrolled, or intended to be inrolled in any company of mi- of perfons to be inrolled. litia, the party questioning, shall prove his age to the fatisfaction of the offi cers of the company, within whofe bounds he may refide, or a majority of them. XXI. AND be it further enacted, That every militia-man removing out of Refpecting inrolling the bounds of one company to another, shall apply to the commanding officer militiamen removing their companies. of the company to which he did belong, who shall give him a discharge, certi- out of the bounds of fying the clafs to which he belongs, and whether he has ferved his tour of duty or not, and the time and date of faid fervice; which certificate the faid militiaman shall produce to the captain or commanding officer of the company, in whofe bounds he next fettles, within ten days after his fettlement, and the faid captain or commanding officer is hereby required to inroll him in the numerical clafs, fpecified in the faid certificate. And if the militia- man shall fail to produce the certificate as above directed, he shall be inrolled in the class deftined to perform the next tour of duty, and the commanding officer of the company refufing to grant a certificate upon application to him made, shall incur a penalty of thirty dollars, one half to the informer, the other half to be collected and applied as the other fines impofed by this act. XXII. AND be it further enacted, That all monies paffing into the treafury of this commonwealth, by virtue of this act, and the act" For regulating the militia of this commonwealth," shall be appropriated as a fund for the purpofe of fupporting the neceffary officers for carrying this law into effect, and of equipping and furnishing the militia with every neceffary apparatus for the defence and fecurity of the ftate; the furplus, if any, to be fubject to fuch other appropriations as the General Affembly may from time to time appoint and direct; and the treasurer of the commonwealth shall keep all the monies arifing from fines under the militia law, feparate from all other monies, and keep a feparate book of the fame, and the expenditures thereof; any thing in any former law to the contrary hereof notwithstanding. XXIII. AND be it further enacted, That the governor fhall caufe a fufficient number of copies of this law, together with the act "For regulating the militia of this commonwealth," and the act "More effectually to provide for the national defence, by establishing an uniform militia throughout the United States," to be printed and diftributed throughout this ftate, to that every general and field officer, and every brigade inspector and captain, be furnished with one copy. XXIV. AND whereas it fometimes happens that the arfenal and other public property is protected by militia, enlifted for a fixed period, in preference to draughts therefrom: And whereas doubts have arifen, whether guards of the above defcription are comprehended in the thirty-first fection of the militia law; Be it enacted, that the faid fection does comprehend the militia, when called into fervice, by enliftment for fixed periods, in like manner, as if they were employed in the ufual manner. Morey arifing under Copies of the laws refpecting the militia to be furnished to the off XXV. AND be it enacted, That whenever the public fervice fhall require When employed by wan the employment of militia by water, that the faid fervice fhall be performed for ter. the fame pay and under the fame regulations, as is given and established with refpect to service by land. appointed; XXVI. AND be it further enacted, That the commanding officer of every Patrollers, how to be battalion of militia, or the oldeft captain in the county where no commanding officer of a battalion fhall refide, shall from time to time, as he shall deem it neceffary, appoint an officer and so many men of the militia, as to him fhall seem neceflary, once in every month, or oftener, if thereto required by fuch officer, to patrole and vifit all negro quarters, and other places fufpected of entertain their duty; ing unlawful affemblies of flaves, fervants, or other diforderly perfons, as aforefaid, unlawfully affembled, or any others ftrolling about from one plantation to another, without a pafs from his or her mafter, miftrefs or owner, and take them before the next juftice of the peace, who, if he thall fee caufe, is hereby required to order every such slave, fervant, ftroller, or other diforderly person, |