Fines, for summon the field officers in manner before directed, he shall forfeit and pay the sum of one hundred pounds; and if he, or any of the field officers captains or commanding officers of companies, and clerks of the county courts and courts martial, shall fail to attend the meeting by him appointed as aforesaid, unless prevented by sickness or other unavoidable circumstance, he or they so failing shall forfeit and pay the sum of twen- delinquenty pounds each; all which penalties may be recovered cies in any court of record, by action of debt, information or indictment, and shall be applied one half to the informer, and the other half to the use of the commonwealth. And in case any officer of the line shall misapply, embezzle, or neglect to account for the monies received by him as directed by this act, he shall be liable to a judgment for all monies so misapplied, embezzled or unaccounted for, by motion in any court of record, at the instance of the solicitor general, together with costs and five per centum damages, provided such officer have ten days previous notice of such motion. funds, in a VIII. And be it further enacted, That where the sum Surplus of payable by any class shall amount to more than the class, how sum of fourteen pounds, the overplus shall be paid to disposed. the lieutenant or commanding officer of the county, and shall be applied towards the payment of bounties to recruits and expences attending the recruiting service, in such manner as the governor, with the advice of the council, shall direct. IX. And be it further enacted, That the furnishing Furnishing a of a recruit by any class, shall exempt such class from recruit, exempts the the payment of the said sum of fourteen pounds, and class. no more; and that in case of failure in payment of the overplus, the same proceedings shall be had for the recovery of such overplus as is herein before directed for the recovery of the proportions of delinquents in other cases. X. And whereas many counties have failed in whole or in part to furnish the several quotas of regulars in their respective counties since the year one thousand Counties seven hundred and seventy-seven, as required of thein: failing to furXI. Be it therefore enacted, That the lieutenants or nish the forcommanding officers of the militia of each county shall, mer quotas, to be reporton or before the first day of November next, transmit ed to geneto the governor, the most exact state that at this time ral assembly can be procured of the several quotas from time to time furnished by each county respectively, and where they have failed raising the quota required of them, shall transmit the reasons of such failure, to be by him laid before the next general assembly, that order may be taken to compel such counties as have been deficient to make up such deficiencies in men, or just compensation therefor in money, so as to place the whole state on an equality as near as may be. XII. And whereas many county lieutenants and commanding officers have resigned their commissions since the year one thousand seven hundred and sevenReturns of ty-seven, and others have been appointed in their place: officers resigned to be made. XIII. Be it enacted, That every such person who may have resigned since the time above-mentioned, shall, on application from such commanding officer, be obliged to make return to the present lieutenant or other commanding officer of the county where he held such commission, who is hereby commanded to transmit the same with the return of his own transactions. And in case any lieutenant or commanding officer shall fail to do so, he shall forfeit and pay the sum of one hundred pounds, to be recovered and applied in the same manner as other penalties by this act to be inflicted. [Ch. XLIV in original.] Justices of York authorised to hold courts, at any place in while the CHAP. IV. An act to empower the justices of York to hold their courts at any other place in the said county than their present court-house. I. BE it enacted by the General Assembly, That the county, the justices of the peace for the county of York shall, court house and they are hereby empowered to hold their sessions in York town at such place in the county as they may think proper, is occupied so long as the court-house in the town of York shall be of our allies, occupied by the troops of our allies. qy the troops CHAP. V. Ch. XLV. in original] [Chan Rev. An act for farther continuing an act from militia I. WHEREAS the act of assembly passed in the Act exempt. year one thousand seven hundred and eighty-one, e- ing artificers titled "An act to exempt artificers employed at iron at iron works works from militia duty," which was continued by se- duty further veral subsequent acts, will expire at the end of this pre- continued. sent session of assembly; and it is expedient and necessary that the same should be farther continued: Be it therefore enacted, That the act entitled "An act to exempt artificers employed at iron works from militia duty," shall continue and be in force from and after the expiration thereof, for and during the term of one year, and from thence until the end of the next session of assembly, and no longer. CHAP. VI. An act for granting pardon to James [Ch. XLVI. in original.] Pardon granted to James are under I. WHEREAS it hath been represented, that James Hughes and Robert Smith are now in public jail under sentence of death for the crime of treason against Hughes and the state, the commission of which proceeded not from Robert a disposition to oppose or subvert the government of Smith, who this commonwealth, but from ignorance and the artful sentence of seduction of others in the case of the said Robert Smith, death for and the coercion of the enemy in the case of the said treason, James Hughes whilst in captivity; and the said James Hughes and Robert Smith have petitioned this assembly to be pardoned for their said crimes, and it being expedient to extend grace and mercy to those who have not committed heinous and flagrant acts of treason: 11. Be it therefore enacted by the General Assembly, That the said James Hughes and Robert Smith shall be, and they are hereby pardoned of the crimes of which they are convicted by sentence of the general court, and shall be discharged by the keeper of the public jail. [Ch. XLVH, in original.] CHAP. VII. [Chan. Rev. An act to authorize the treasurer to p. 157.] tificates to receive certain warrants and certificates in payment for waste and unappropriated lands. Military war- I. BE it enacted by the General Assembly, That aurants & cer- ditors warrants and certificates for military service be received shall be received by the treasurer in payment for waste for land war- and unappropriated lands, at the same scale of depreciation as is allowed by an act of assembly entitled, "An act for calling in and funding the paper money of this state." rants. CHAP. VIII. (Ch. XLVII in original.] An act for the recovery of slaves, hor- [Chan. Rev. ses, and other property, lost during P the war. p. 157.] war, how re I. WHEREAS great numbers of slaves, horses, and Slaves, horother property belonging to the citizens of this com- ses, & other monwealth and of the neighbouring states, have, dur- property lost ing the war, been carried off, or have gone from their during the owners and been concealed by wicked and evil dispo- covered. sed persons; and it is reasonable that the owners should be enabled to recover their property in an easy and expeditious manner: Be it therefore enacted, That any person or persons who have any such slave or slaves, horses or other property in his or her possession, and who shall not before the first day of October next deliver such slave or slaves, horses or other property to the owner or owners thereof, if known, and if not known, publish a particular description of such slave or slaves, horses or other property three times in the Virginia gazette, shall forfeit and pay the sum of fifty pounds. And if any person or persons possessed of Persons hav such slave or slaves, horses or other property as afore- ing such pro said, sball delay to deliver or publish the same as above perty in possession, to directed, within he time hereby limited, he or she shall adversise in forfeit and pay the sum of five pounds, for every month Gazette. he or she shall so delay after the said first day of October next, and shall moreover be liable to the action of the party grieved at the common law, in which the plaintiff shall recover double damages. And if the defendant in any such action shall not immediately pay and satisfy the damages, he or she shall be imprisoned six months, without bail or mainprize, unless the damages are sooner discharged; the act of insolvency, or any other law to the contrary notwithstanding; and the act of limitation shall be no bar to such action. 11. And be it further enacted, That all and every Penalty for person and persons from whom any such slave or failure. slaves, horses or other property have gone or been taken as aforesaid, on application to any two justices of the peace for the county where such slave or slaves, horses or other property may be, and making proof, |