Their duty and compen. VIII. And be it further enacted, That the com- Patroles, how manding officer of the militia in every county, shall appointed. some time before the first day of May in every year, appoint an officer, and so many men of the militia as to him shall appear necessary, not exceeding four, once in every month, or oftener, if thereto required by such officer, to patrole and visit all negro quarters, and other places suspected of entertaining unlawful assemblies of slaves, servants, or other disorderly persons as aforesaid unlawfully assembled, or any others strolling about from one plantation to another, without a pass from his or her master, mistress, or owner, and carry them before the next justice of the peace, who, if he shall see cause, is to order every such slave, servant, stroller, or other disorderly person as aforesaid, to receive any number of lashes not exceeding twenty, on his or her bare back. And in case one company of patrollers shall not be sufficient, to order more companies for the same service. And after every patrole, the officer of each party shall return to the captain of the company to which he belongs, a report in writing upon oath, (which oath such captain is hereby empowered to administer) of the names of those of his party who were upon duty, and of the proceedings in such patrole, and such captain shall once in every month deliver such patrole returns to the commanding officer of the militia, by whom they shall be certified and delivered to the next court-martial; and if they shall adjudge the patrollers have performed their duty according to law, the chief officers shall certify the same to the county court, who are thereupon empowered and required to levy twenty pounds of tobacco, or three shillings, for every twelve hours each of them shall so patrole. And every commanding officer failing to appoint patrollers ac cording to the directions of this act, shall forfeit and pay ten pounds; and every person appointed to patrole, failing to do his duty, shall forfeit and pay twenty shillings for every such failure; which fines shall be laid, collected, accounted for, and appropriated as is herein directed for the laying, accounting for, and appropriating the several fines and penalties by this act directed. And whereas, it is necessary that certain tribunals be described and instituted for the trial of offences as they are to be viewed in a military light, as well as for enquiring into delinquencies, and assessing fines thereon; VOL. XI. M 3 Arrest of offi. cers. of. IX. Be it therefore enacted, That the governor, with advice of council, shall have power to arrest the county lieutenant or commanding officer of a county, and all other officers, for any misconduct whatever, and upon trial and conviction, may censure or cashier them.All officers under the county lieutenant or commanding officer of a county, may also be arrested by such commanding officer, and reported to the governor for trial, Courts-mar- or at the option of such commanding officer, a general tial, for trial court-martial, to consist of thirteen officers, may, by his order, be held in the county for trial of such as shall be under the rank of a field officer. The president of the said court shall be a field officer, and six at least of the members shall be captains; and where there is not a sufficient number of officers in any county, to constitute a court, where the arrest is made, the commanding officer of such county may call upon as many officers from the adjacent counties, as will be sufficient to make up a court; and such court may, on conviction, censure or cashier any officer so tried, and their sentence shall be final, saving to such officer an appeal to the executive if he shall think proper; in which case, the commanding officer shall furnish him with a copy of the proceedings of the said court: Any non-commissioned officer or soldier offending, shall be tried by a like general court-martial, and may, on conviction, be censured or fined at the discretion of the court; and failing to make instant payment of such fine, or to give sufficient security therefor, within such time as the court may think proper, shall receive corporal punishment, not exceeding twenty lashes. For obtaining the necessary evidence for the trials aforesaid, the governor or commanding officer of the county, as the case may be, shall issue his summons, and any person so summoned, failing to attend, shall forfeit and pay, upon a summons from the governor, ten pounds, and upon a summons of the commander of a county, five pounds, to be reported by the commanding officer, amongst other delinquencies, to the court aforesaid. Courts of en. X. And be it further enacted, That the commandquiry, how er of a county, shall on some day in the months of constituted. May and November (his general muster being over) summon all his field officers, and an equal number of the senior magistrates, and with them, or a majority of such field officers and magistrates respectively, shall form a court of enquiry, and assessment of fines; the said court shall take the following oath, to be administered by any one of the magistrates to the other members, and afterwards by any one of them to him, viz:66 1 do swear, that I will truly and faithfully enquire into all delinquencies which appear on the returns to be laid before me, and will assess the fines thereon as shall seem just, without favor, partiality, or affection. So help me God." The county lieutenant Their powers shall then lay before the said court, all the returns of and duty. delinquencies, as directed by this act, whereupon they shall proceed to hear and determine on them. All fines to be assessed by virtue of this act, shall be collected by the sheriff of the county, upon a list thereof, certified by the commanding officer, and delivered to the sheriff, on or before the first day of January, in every year, who shall account for the same to the county lieutenant, or his successor, in the manner directed, and be allowed the same commission as for other public monies, on or before the first day of November, in the same year; and on failure, the commanding officer, or his successor, shall on ten days previous notice, obtain judgment for the same, in the county court, with costs. And should any person so charged with fines, fail to make payment, on or before the first day of May, in any year, the sheriff is hereby authorized to make distress and sale therefor, in the same manner as is directed in the collection of taxes. The commanding officer of every county, shall, on or before the thirty-first day of December, in every year, render to the executive, an account upon oath, of all monies which have come into his hands by virtue of his office, and of his disbursements, and if their shall remain any money in his hands, the same shall be paid into the treasury, in aid of the contingent fund. And for enforcing obedience to this act, Fines for de XI. Be it enacted, That the following forfeitures and penalties shall be incurred for delinquencies, viz. By linquencies. the county lieutenant or commanding officer of a county, for failing to take any oath, to summon any court or board, to attend any court or board, to transmit any recommendation of an officer or officers to the governor, to deliver any commission or commissions, to appoint a general muster, to attend such muster armed as required, to report delinquencies, to make a general re turn of his militia to the governor, as is directed by this act, shall, for each and every such offence or neglect, forfeit and pay twenty pounds; failing to send into actual service any militia called for by the governor, or to turn out his militia upon an invasion or insurrection of his county, fifty pounds: By a lieutenant colonel commandant, for failing to take any oath, to attend any court or board, to appoint a regimental muster, to give notice of a general muster, to examine his regiment, to report delinquencies, or to make any return as directed by this act, he shall forfeit and pay for each and every offence or neglect, ten pounds; failing to call forth from his regiment, with due dispatch, any detachment of men and officers, armed and equipped, as shall from time to time, be required by the commanding officer, on any call from the governor, invasion of, or insurrection in his county, or requisition of a neighbouring county, twenty-five pounds: By a major for failing to take any oath, to attend any court or board, to attend any muster armed as is herein directed, he shall for each and every such offence or neglect, forfeit and pay eight pounds; failing to repair to his rendezvous when summoned upon any call of the governor, invasion of or insurrection in the county, or requisition of the commander of a neighbouring county, he shall forfeit and pay sixteen pounds: By a captain, for failing to take any oath, to attend any court, to enroll his company, to appoint private musters, to give notice of a general or regimental muster, to attend any muster armed, to call his roll, examine his company, and report delinquencies, to make any return as is directed by this act, he shall forfeit and pay for each and every such offence and neglect, six pounds; failing to call forth such officers and men, as the commanding officer shall from time to time order from his company, upon any call from the governor, invasion of or insurrection in the county, or requisition from an adjacent county, or failing on any such occasion to repair to the place of rendezvous, he shall forfeit and pay twelve pounds: By a subaltern officer, for failing to take any oath, to attend any court or muster arined as directed, for each of the said offences he shall forfeit and pay three pounds; failing to repair to his place of rendezvous armed as required, when ordered upon any call from the governor, invasion of or insurrection in the county, or requi sition from a neighbouring county, he shall forfeit and pay six pounds. And moreover, the said officers, for any of the said offences shall be liable to be arrested and tried for the same as military offenders: By a non-commissioned officer or soldier, for failing to attend at any muster, with the arms, ammunition, and equipments, as directed by this act, he shall forfeit and pay ten shillings; failing to repair to his rendezvous, when ordered upon any call from the governor, invasion of or insurrection in the county, or requisition from a neighbouring county, he shall forfeit and pay two pounds. And any magistrate failing to attend any court or board, or to take any oath directed by this act shall forfeit and pay ten pounds. All arms, ammunition, and equipments of the mili- Arms exemp. tia, shall be exempted from executions and distres- ted from exe ses at all times, and their persons from arrests in tress, and micivil cases, while going to, continuing at, or returning litia from arfrom musters, and while in actual service. Each court rest. or board, by this act directed to be held, are empowered to appoint a clerk and provost marshal; such clerk shall keep a fair record of their proceedings, and together with the said provost marshall, receive such allowance, to be paid out of the fines arising from delinquencies, as the said court or board shall think reasonable. And whereas the practice of paying for arms and accoutrements by the public, which are lost in serVice, is productive of the most mischevious consequences, in as much as it takes away a very great incentive to the holding them fast in action, and the preservation of them elsewhere; cution or dis Arms lost in public ser vice not to be less the loser XII. Be it enacted, That no arms or accoutrements, paid for, unwhich may hereafter be lost in service, shall be paid for killed or disa by the public, unless the loser shall be killed, wounded, bled. or otherwise incapacitated in the opinion of a courtmartial, from preserving his arms. XIII. And be it further enacted, That this act shall Repeal of for. mer acis, sacommence and be in force, from and after the first day ving of priviof April next, and thereafter all and every act or acts leges of qua, heretofore enacted, for or concerning any matter or kers. thing within the purview of this act, shall be, and the same are hereby repealed. Provided, That this act shall not be construed to deprive the people called quakers of any privilege granted to them by an act of assembly, intituled, "An act to exempt quakers from at |