trict, and sit until the business is completed. They shall appoint a clerk who shall make entries, in a book to be kept for that purpose, of the names of all persons, and the amount of certificates issued to them: and shall transmit the same to the treasurer with an alphabetical list of such names, as a security against counterfeits, frauds or errors. The clerk shall transmit to the executive a certificate of the number of days the commissioners shall respectively have been employed in liquidating said claims, and the number of miles they have travelled: who shall make them and their clerk such allowances as their services deserve, to be paid in the same manner as warrants given to the officers of gos verument. And be it further enacted, That the certificates thus issued shall be receivable in discharge of any of the taxes which may hereafter become due in the said district. Counterfeiters of certificates issued under this act shall be punished as counterfeiters of militia certificates heretofore issued by the auditors of public accounts. In case of the death resignation, refusal to act, or any other legal disability of any of the commissioners hereby appointed, the judges of the supreme court of the district of Kentucky shall have pow er to appoint others instead of those dead, resigned, or otherwise legally disabled.

And whereas it is just that every part of the state should contribute to the support of government, Be it therefore enacted, That in each of the counties of the said district, the court shall appoint commissioners of the tax, cause lists of the taxable property in the said county to be taken, call upon the sheriff or collector to give bond and security, and in all other instances fully carry into execution the laws for raising a permanent revenue within this state: Provided, That no sheriff or collector shall have a right to call upon the people, or shall himself be accountable for any taxes which shall have become due prior to the last day of January one thousand seven hundred and eighty-seven.

Provided always, and be it further enacted, That tobacco shall be receivable for taxes within the said district after the rate of twenty shillings per hundred, in like manner as provided in other cases by an act of the present session, intitled, "An act to enable the citizens of this commonwealth to discharge certain taxes by the payment of tobacco.”

£ 2

And provided also, That the lands in the said district allotted by law to the officers and soldiers, who served in the army of the United States or this state, and which have not been aliened, shall not be subject to taxation, until the future direction of the legislature.

Militia to be

CHAP. II.

An act to amend the act for regulating and disciplining the militia, and for other purposes.

FOR the more effectual execution of the laws now allotted for a in force, for regulating and disciplining the militia, Be regular rou- it enacted by the General Assembly, That on or before tine of duty. the first day of May next, the county lieutenants or

commanding officers in the respective counties within this commonwealth, also in the city of Williamsburg and borough of Norfolk, with the field officers and captains shall meet on a day to be appointed by the county lieutenant or commanding officer, who are hereby required to enroll the militia within their several counties and corporations, into distinct companies; and thereafter the captain or commanding officer of each respective company, shall forthwith proceed to divide his company into divisions, by ballot, from one to ten, for the purpose of a regular rotine of duty when called into actual service, and shall return a roster of each division and its number in rotation within ten days, to the county lieutenant, or commanding officer of his county or corporation; any officer of the militia, called into actual service, neglecting or refusing to do his duty, shall forfeit his commission, and moreover be amerced at the discretion of a court martial, that is to Fines, in ac say, a county lieutenant in any sum not exceeding one taal service. hundred and fifty pounds; a colonel or lieutenant colonel not exceeding one hundred pounds; a major not exceeding seventy five pounds; a captain not exceeding

fifty pounds; a lieutenant or ensign in any sum not exceeding forty pounds; and non-commissioned officers or privates in like manner refusing or neglecting shall also be fined at the discretion of a court martial in any sum not exceeding twenty pounds each: Provided always, That the penalties and forfeitures herein imposed on field officers, captains and subalterns, in case of failure or refusal as aforesaid, shall be subject to the approbation of the executive with power to remit or enforce the same. And be it farther enacted, That every captain or commanding officer of a company List of delin. shall return on oath, a list of all delinquencies, which quencies how may have happened in his company since the last court returned. of enquiry or assessment of fines in his county or corporation, to the county lieutenant or commanding officer, on the day of each succeeding general or regimental muster, or court of enquiry and assessment of fines, which shall be held on the day next succeeding the day of holding any general or regimental muster, if fair, if not the first fair day, which said general or regimental muster shall be held by order and appointment of the county lieutenant, or in case of his absence, of the next commanding officer of the militia.

And be it further enacted, That officers of the mili- Officers failtia, who have been reinstated in their commissions un- ing to qualify der the act of the last session of assembly and shall fail considered as or neglect to qualify to the same on or before the first resigned. day of May next, shall be considered as having resigned the same, and the respective county courts shall forthwith proceed to recommend other proper persons to be commissioned in their room. Any field officer Fines on offi. or commanding officer of a company failing to perform any duty herein prescribed to him, for which no penalty is imposed, shall be fined at the discretion of a court martial or court of enquiry, not exceeding to a field officer the sum of thirty pounds, and to a commanding officer of a company not exceeding fifteen pounds.

And whereas, it is expedient, that upon a deficiency of the contingent fund, the power of impressment should be exercised in case of invasion or insurrection.

cers.

Impressment Be it therefore enacted, That upon any invasion or of supplies insurrection, it shall be lawful for the governor, with authorised, in the advice of the council, to procure by impressment sion or insurwhatsoever supplies may be necessary, and may be rection.

case of inva

unattainable by purchase. But whensoever the power of impressment shall be exercised, the mode of valuation shall be the same with that prescribed in the above recited act, for procuring by impressment a waggon and team; and due care shall be used for rendering this act of authority as little burthensome as possible, to those who may become subject thereto. And be it further enacted, That in case of any invasion or insurHow notice rection, the county lieutenant or commanding officer, to be given. shall give immediate notice thereof to the governor, under the penalty of fifty pounds; for any money expended in sending such notice, he may appropriate a reasonable sum arising from fines in his county, or if they be not sufficient, he may receive a like reasonable sum from the contingent fund, on a warrant from the executive. For the trial of a county lieutenant or commanding officer, the governor with advice of council, may direct a court martial to be holden by any militia officers whatsoever, constituting the same according to military usages.

Court-martial how consiitu

ted.

Recovery of fines.

Second lieu. tenant discontinued.

Light compa nies not completed, vaca ted

A county lieutenant or commanding officer failing to account for fines according to the above recited act shall be liable to the penalty of one hundred pounds.

All fines and penalties imposed by this or the above recited act except where the jurisdiction thereof is specially given to courts martial, shall be recovered on the motion of the solicitor, or any individual in any court of record, on ten days previous notice in writing; on the motion of the solicitor the whole fine or penalty shall be adjudged for the use of the commonwealth and on the motion of an individual to that individual.

In companies having two lieutenants, the second lieutenant shall be considered as no longer in office. Whensoever officers shall be commissioned for a light company, and shall fail to raise their men, the said officers shall claim no rank or privilege by such commissions. And it shall be lawful for the executive to fix a day by which such commissions shall be vacated ipso facto, unless the complement be raised by that time.

Captains and If by any accident a sufficient number of captains subalterns and subalterns should not attend any detatchment at appointed to the place of rendezvous, they may be appointed in the complete de. same manner as field officers in such cases. tachments.

So much of all and every act or acts as comes within the purview of this act, shall be and is hereby repealed.

CHAP. III.

An act for reviving, continuing and amending an act to revive and amend in part an act for giving further time to enter certificates for ,settlement rights, and for locating warrants upon pre-emption rights, and for other purposes.

WHEREAS the act of assembly passed in the year Further time one thousand seven hundred and eighty-four, intitled, ail wed for "An act to revive and amend in part an act for giving tificates for entering cerfurther time to enter certificates for settlement rights, settlement and for locating warrants upon pre-emption rights, rights, and and for other purposes," which was continued by seve- locating war. ral subsequent acts, did expire on the first day of No-rants upon pre-emption vember last, and it is expedient that the same should rights. , be revived, continued, and amended, Be it therefore enacted, That the said recited act shall be revived and continue in part, and be in force until the last day of December, one thousand seven hundred and eighty seven, within which time the register of the land office or his deputy, shall receive all platts and certificates of survey although not returned within the time heretofore limitted by law, and such lands shall not be considered as forfeited or liable to a forfeiture on that account.

And whereas the time allowed by law for entering certificates for settlement rights is expired. and it being adjudged necessary that the same ought to be revived and continued, Be it therefore enacted, That it shall and may be lawful for the surveyors of this commonwealth within their respective counties at any time before the said last day of December, to receive and enter all such certificates, or the attested copies of such as shall be lost, and to proceed to survey the same as the law directs. Provided, such attestation be made by the commissioners who granted the same, or by the clerk of the superior court of the district of Kentucky, or the register of the land office.