Militia, in counties most expo sed, and in Williams burg & Nor folk, how armed. Arms, how disposed of. Fines, for delinquen cies. Fines, for failing to re turn arms. holders, before they enter on actual duty, and return the valuation to the executive. IV. And be it further enacted, That the governor shall cause to be delivered to the lieutenants or commanding officers of the militia of such counties as are most exposed to the incursions of the enemy, and to the officers of militia of the city of Williamsburg, and borough of Norfolk, such a number of arms as he may think necessary, not less than sufficient to arm three tenths of their militia, for which such lieutenants or commanding officers shall give their receipts, and shall deliver the same to such of the militia as are first to be called on duty, taking their receipts for the same; who, on having served their tour of duty, shall return their arms, in good order, to the lieutenant or commanding officer, or to the order of such lieutenant or commanding officer, to be delivered in like manner to such of the militia as stand next in rotation. V. And be it further enacted, That the penalties and forfeitures for every neglect of duty in any officer of the militia, or militia-man, whether of the cavalry or infantry, shall be the same, and recovered in the same manner, and appropriated as is directed and prescribed by an act passed in the year one thousand seven hundred and seventy-seven, intituled, "An act for regulating and disciplining the militia.” Provided always, That all officers and militia-men shall be subject to the continental articles of war, in the same manner as they were under an act passed in one thousand seven hundred and eighty-one, intituled, "An act to amend an act for regulating and disciplining the militia, and for other purposes," any thing in this act to the contrary notwithstanding. VI. And be it further enacted, That every militiaman to whom arms shall be delivered as aforesaid, who shall neglect or refuse to return the same in manner by this act directed, shall forfeit and pay the sun of twelve pounds; and on failing so to do, or giving security to pay the same in two months, every such militia-man shall be obliged to serve in the continental army the term of three years or during the war. The forfeitures so recovered and received, shall be paid in the month of November annually, into the public treasury by the officer receiving the same. menonist drafted, not substitute pay, the VII. And be it further enacted, That where any qua- Quaker or ker or menonist shall be subjected to a tour of duty in consequence of the militia or invasion law, such qua- compelled ker or menonist shall not be compelled to perform such to perform duty, but the county lieutenant or commanding officer duty; but a of the militia. shall appoint some proper person to pro- provided, at cure a substitute upon the best terms possible, who shall his expence; make return to the lieutenant or commanding officer if unable to aforesaid, of the name of such substitute, and the conprice te be sideration agreed to pay him; whereupon the lieutenant levied onthe or commanding officer, shall issue his warrant to the whole of the sheriff or collector of the tax of his county; which shall society. in the first instance be against the estate of each quaker or menonist so draughted for the amount of the substitute money agreed for, in behalf of each of them, to be levied on their lands, goods, and chattels respectively, in the same manner as if by law directed for collecting a permanent revenue; and is any of the said quakers or menonists so draughted, shall not have sufficient property on which a levy can be made, then the whole or part of such substitute money, shall be levied on the property of all the quakers and menonists in the said county, that are subject to the militia service, each to pay in proportion to his taxable property. VIII. And whereas, many delinquents of the militia Delinquents have been heretofore condemned by the courts-martial of militia under the laws in force to serve in the continental ar- condemned for not serv. my; but as the periods of such service do not extend to ing in contithe term of three years, and under the late regulations nental army, of the continental army no persons are admitted there- to serve in in who are engaged for a less time; rext requisition of mi IX. Be it therefore enacted, That the different coun- litia. ty lieutenants direct their captains to make return of all such delinquents so condemned, who shall in the On serving, exonerated first requisition for militia to the county, be ordered fro from penalforth to serve the term for which they have been re- ties of deserspectively condemned, and so serving faithfully, they tion; othershall be exonerated from the punishments to which ed regular they are now subjected as deserters, and failing herein, soldiers, to are declared regular soldiers for the term of twelve serve on board armed months, to serve on board the armed vessels for the vessels defence of Chesapeake bay. wise declar pa. 182. CHAP. XLV. [Chan. Rev. An act to amend an act intituled an act to repeal so much of a former act as suspends the issuing of executions on certain judgments until December 1783. See Nov. 1712, ch. 23; altered. I. WHEREAS from an act intituled "An act to repeal so much of a former act as suspends the issuing executions upon certain judgments until December one thousand seven hundred and eighty three," sundry great and ruinous inconveniences and hardships will British debts result to the good people of this commonwealth, unless not recover a speedy remedy be applied: Be it enacted by the able, altho' General Assembly, That no debt or demand whatsoassigned, re. ever contracted with, or due to any British subject, or newed or contracted with or due to any other person, for the use of, or in concern with, any British subject, and still remaining unpaid, shall be recoverable in any court of record within this commonwealth, notwithstanding the same may have been renewed, changed, altered, or acknowledged to any agent, partner, or assignee of such British subject, or to any other person whatsoever, either for their own use or benefit, or for the use or benefit of such British subject, since the nineteenth day of April, in the year one thousand seven hundred and seventy-five, any law to the contrary in any wise notwithstanding. How frauds, in assign. ments of detected. II. And whereas from the commencement of hostilities by the British against these United States, and British debts the subsequent proceedings of the general convention and general assembly, there is reason to believe that much fraud has been used to secure the debts due to British subjects, their agents or factors within this commonwealth, by pretended sales, exchanges or assignments (to the citizens thereof, or other persons qualified to maintain snits for the recovery of such debts) bearing date prior to the nineteenth day of April one thousand seven hundred and seventy five, thereby interesting a part of the citizens in supporting the British interest and connection, to the injury of another part, and to the disturbance of the peace and harmony of the commonwealth: Be it therefore enacted, That fraud. Citizens III. And be it further enacted, That where it shall Treble costs appear on the trial of any suit for the recovery of any to defendant such debt originally due to a British subject, that the on proof of person or persons so claiming the same, or any other person for them, hath been privy to any fraud or colJusion in procuring or accepting any assignment or transfer of such debt, judgment shall be given for treble costs to the defendant: Provided always, That nothing herein contained shall be construed to prevent partners any citizen of this commonwealth who has been in co- with British partnership with any British subject or subjects, and creditors, who was resident therein before the said nineteenth day. may proceed by attachof April one thousand seven hundred and seventy five, ment. continued so since that time, and given assurance of fidelity as the law requires, from prosecuting by attachment in the high court of chancery, or any county court in chancery, and recovering the just sum or balance which may be due to him for his share or proportion of the debts or effects of such copartnership. How far partness ex IV. And be it further enacted, That no such citizen such citizens who has been in partnership as aforesaid, shall be empted compelled to pay the debts due from such copartners from debts of copart to any person whatsoever, unless it shall appear that nery. VOL. XI. X Lands may be tendered on judg. ments. How executions therefor may is. he has refused to discover other debts or effects where of the claim of such citizen could be made. V. And whereas the afore recited act substitutes merchantable inspected crop tobacco, hemp, and flour, in lieu of money to discharge executions to be issued on certain judgments, but from the want of a sufficienty of specie and the great scarcity of those commutable articles, arising from the late general and deplorable drought, the ease and benefit intended by the legislature from the said act, will not be derived to the citizens of this commonwealth, and it is reasonable that other commutables be substituted in addition to those named in the said recited act: Be it therefore enacted, That whenever judgments have been or shall be obtained, or scire facias sued out to revive a judgment for any sum or sums of money exceeding one hundred pounds current money, it shall and may be lawful for the debtor, or his attorney, to tender to the creditor, or his attorney, lands in discharge of the said judg ment, and submit his title papers to the opinion of the court, and the said title being approved, execution may be then awarded; provided that the creditor shall appoint one freeholder, and the debtor another, convenient to the land; and on the refusal of the debtor or his attorney, so to do, execution shall issue without such appointment. And whenever executions shall issue in Proceedings manner and form aforesaid, the freeholders so elected, on such exe- shall within twenty days after notice given, under penalty of one hundred pounds each, to be recovered at the suit of the creditor, proceed on oath, which oathi may be administered by any magistrate in the county where the lands lie, to value the lands so tendered as the same would sell for in specie for ready money, according to the best of their judgments; and whenever it shall so happen that the two so elected shall disagree, then they are directed to appoint one other freeholder, who, on oath, first to be administered as aforesaid, shall affix the valuation to which-ever of the two valuations he shall think most just and reasonable.Provided always, That no debtor shall be admitted to tender any lands without discovering first, on oath, whether there are any prior mortgages or incumbrances thereon within his knowledge, and that the said lands be in one entire tract, or part of a larger tract, in convenient form, and situated within one hundred sue. cutions. |