Colonel. governor, or to turn out his militia upon an invasion or insurrection of his county, fifty pounds: By a colonel, for failing to take any oath, to attend any court of board, to appoint a regimental muster, or give notice of any 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 any neighbouring county, twenty-five pounds: Lieutenant-colonel or major, for failing to take any oath, to attend any court or board, to attend any muster armed as is herein directed, they shall respectively for each and every such offence or neglect, forfeit and pay eight pounds; failing to repair to their 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, they shall each forfeit and pay sixteen pounds: By a captain, for failing to take an oath, to attend any court, to iuroll 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 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 from time to time shall 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 Subaltern. officer, for failing to take any oath, to attend any court or muster, armed as directed, for each of the said of fences he shall forfeit and pay three pounds; failing to repair to the place of rendezvous, armed as required, 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 six pounds: And moreover, the said officers for any. of the said offences, shall be liable to be arrested and Captain. ed officers and soldiers. execution; Officers of Non commis. tried for the same as military offenders: By a noncommissioned 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. Arms ex- All arms, ammunition, and equipments, of the militia, empted from shall be exempted from executions and distresses at all & men when times, and their persons from arrests in civil cases, from arrest. while going to, continuing at, or returning from musters, and while in actual service. Each court or board, by this act directed to be held, are empowered to appoint a clerk and provost-martial; such clerk shall keep a fair record of their proceedings, and together with the said provost-martial, receive such allowance, to be paid out of the fines arising from delinquencies, as the said court or board shall think reasonable. No arms or accoutrements, which may hereafter be lost in service, shall be paid for by the public, unless the loser shall be killed, wounded, or otherwise incapacitated in the opinion of a court-martial, from preserving his Williams. arms. The militia of the city of Williamsburg and burg and borough of Norfolk, shall have their officers appointed Norfolk. and be under the same rules and regulations as the different counties. court. Lost arms, when to be paid for. Resignation of officers. XII. And be it further enacted, That the countylieutenant or commanding officer of each county, is hereby empowered to receive the commission of any captain, or other inferior officer in his county, who may think proper to resign, and shall notify such reQuakers and signation to the next succeeding court, in order that such vacancies may be then supplied: Provided, That nothing herein contained shall be construed or taken to deprive the people called quakers or memnonists, of any privilege granted them by any former law. Provided also, That the governor, with advice of the council, is hereby empowered to suspend the operation of this act in the counties on the western waters, so long as they may think proper. XIII. All and every act and acts heretofore made for regulating and disciplining the militia, and guarding against invasions and insurrections, shall be, and the same are hereby repealed. CHAP. II. An act for the appointment of harbour masters, and declaring their duty. 1. WHEREAS it is represented that the appointment of harbour-masters would tend to the preservation of order and regularity in the several ports and harbours within this commonwealth, Preamble. Harbour II. Be it enacted, That the county and corporation courts within this state shall, and they are hereby authorized and empowered, to appoint so many persons appointed. masters, how as they may think necessary, to act as harbour-masters within their respective jurisdictions. And the person or persons so to be appointed, shall, previous to the entering on the said office, take the following oath before their county or corporation court: "I do Oath. swear that I am a citizen of the commonwealth of Virginia, and that I will well and truly perform the duty of harbour-master to the best of my skill and judgment, without favor, affection, or partiality. So help me God." III. And be it further enacted, That the habour- Powers and masters to be appointed by virtue of this act, shall have dury. full and ample power to cause all ships and other vessels that may come within his district, to moor in such places as he shall judge most conducive for the general safety, and shall moreover direct the masters or commanders of vessels to rig in their jib-booms, or any other spars which may tend to obstruct the navigation. Any master or commander refusing to observe and comply with the said directions, shall forfeit and pay the sum of fifteen pounds, to the use of the commonwealth; and shall moreover be subject for any damages that may accrue in consequence of such refusal, to be recovered in any court of record within this commonwealth. IV. And be it further enacted, That the harbourmaster shall cause every ship or other vessel that may come within his district, to be properly moored within twenty-four hours after their several arrivals. Any harbour-masters failing to give directions for the moorPenalty for ing of any vessels within the time prescribed by this neglect. act, shall forfeit and pay fifteen pounds, for the use of VOL XII. D Fees. the commonwealth, to be recovered, by motion before the county or corporation court (as the case may be) on ten days previous notice, and shall moreover be liable to the action of the party injured, for any damages sustained in consequence of such neglect. And the harbour-master shall moreover attend to the unmooring of all ships and other vessels within their respective districts; and in case any vessel moored, shall by stress of weather or other accident, be drove from her moor ing, the harbour-master shall attend to the re-mooring the same, and be entitled to half fees for such service. V. And be it further enacted, That the harbourmasters shall demand, and be entitled to receive from all masters or commanders of square-rigged vessels, the sum of ten shillings, and for all schooners and sloops, the sum of six shillings, and no more: Provided nevertheless, That no master or commander of any river or bay craft, shall be subject to the payment of any fee by this act imposed. VI. This act to commence and be in force from and after the first day of January, one thousand seven hundred and eighty-six. Provision for CHAP. III. An act to provide for the appointment of delegates to represent this commonwealth in congress, until the first Monday in November next. I. BE it enacted by the General Assembly, That five appointing delegates shall be chosen by joint ballot of both houses, delegates to to represent this commonwealth in congress from the congress. time of their appointment, until the first Monday of November, one thousand seven hundred and eighty-six, three of whom at least shall be constantly attending the duties of their office. The persons so appointed, shall each of them have from the governor a credential varied so as to suit the present occasion, and shall be en titled to the same allowances as are provided by an act, intituled " An act for regulating the appointment of delegates to congress.” CHAP. IV. An act to provide for the poor of the several counties within this commonwealth. 1. BE it enacted by the General Assembly, That the Provision for court of every county within this commonwealth, at the poor. their session to be held in the month of March next af be laid off in ter the passing of this act, shall cause their said county to be laid off into convenient districts, and shall direct, Counties to the sheriff of their county to cause publication to be to districts. made, that on some convenient day to be appointed by the said court, an election will be held within each district, to consist of freeholders and house-keepers only, for the purpose of chusing three discreet, fit, and pro- Overseers of per persons, being freeholders of and resident within the poor to the same, who shall be called and denominated over- be triennially seers of the poor, and shall continue and be in office elected. for and during the term of three years; at the expiration whereof other triennial elections shall be made in Superintenmanner herein before directed; and the said court shall, dants of elecat the same time, appoint some person in each district tions. to superintend the election. And the said overseers, upon notice to them respectively being given by the Overseers person appointed in their district to superintend and assess lethe election, of their being duly elected, they, or vies on tithaa majority of them shall meet together at some bles. convenient place within their respective districts, betweeen the first day of April, and the first day of August, in every year, and shall levy and assess upon the tithables within their said county (a copy of the list of which shall be furnished them by the clerk of the county) competent sums of money, or tobacco in lieu thereof at a stated price, to be paid at the option of the par when to meet |