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Ordinary license

shall become due and payable into the treasury, such sheriff or other officer failing to make payment as aforesaid, shall have ten days notice as heretofore.

3. Be it further enacted, That the tax required by law to be paid

*** *P**by persons obtaining licenses to keep ordinaries, shall hereafter be

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County levies, when to be laid.

Overseers of poor, when to hold annual faceting.

Clerks of courts, when to deliver their tickets.

Repealing clause

Proviso.
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Commencement
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Officer comman. ding may employ drummer & fifer.

paid to the clerks of the several county and corporation courts, instead of the sheriffs and sergeants of the respective counties and corporations; and the said clerks shall account for and pay the same into the treasury at the same time, under the same penalties, be liable to the like recovery against them, in case of delinquency, and be allowed for collecting, the same commission as is prescribed by law in respect to other taxes, to be collected and accounted for by them.

4. Be it further enacted, That the county levies shall hereafter be laid at the courts to be held in the respective counties in May or June in each year, instead of the time now prescribed by law ; and the sheriffs of the several counties shall account for and pay the same according to law, on the first day of November, instead of the first day of October in every year.

5. Be it further enacted, That the overseers of the poor in each county shall hereafter hold their annual meeting and assess the poor rates on the fourth Monday in May, in the year one thousand eight hundred and nine, and in every succeeding year thereafter: and the collector of such rates, shall in future account for and pay the same according to law, on the first day of November in every year.

6. And be it further enacted, That the clerks of the several courts within this commonwealth, shall hereafter deliver the tickets of their fees to the sheriffs of the respective counties or sergeants of the respective corporations, on or before the first day of May in each year; and the said sheriffs and sergeants, shall account for and pay the same according to law, on or before the first day of Novcmber in every year.

7. All acts and parts of acts, coming within the purview of this act, shall be and are hereby repealed. But nothing in this act contained shall be construed to alter, or dispense with, any of the duties assigned by law to the commissioners of the revenue, except so far as is herein expressly directed.

8. This act shall commence and be in force from the passing thereof.

CHAP. CXXXI.

An Act further to amend the Laws respecting the Militia of this
Commonwealth.* -

[Passed February 9, 1808.]

1 B* it enacted by the General Assembly, that until a sufficient

number of drummers and fifers shall be procured for each regiment of militia, agreeably to the fifty-sixth section of the law passed the twenty-eighth day of January, one thousand eight hundred and four, it shall be lawful for each officer commanding a battalion or company, to employ a drummer and fifer to attend his muster, and the drummer and fifer so attending, shall be paid out

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of the militia fines collected in the regiment, to which such battalion or company may belong, a sum not exceeding one dollar and twenty-five cents each, And the captains of light companies are hereby authorised and empowered to enlist such musicians as they may think necessary for the service of their respective companies; but any musician so enlisted, shall not be entitled to any compensation unless when in actual service. *

2. And be it further enacted, That until proper musicians can be trained in the several troops of cavalry in this commonwealth, it shall be lawful for the captain commanding any such troop, to employ a trumpeter to attend on any regular parade of said troop, whose services shall be paid for out of the like fund, and in like manner, as is provided for musicians in the infantry, by the above So CtlOn.

3. Be it further enacted, That every non-commissioned officer and soldier, failing to attend any regimental, battalion, or company muster, (not having a reasonable excuse, to be judged of by the battalion or regimental courts of enquiry) shall be fined in a sum not less than seventy-five cents, nor more than three dollars; which fines, when assessed, shall be collected and accounted for as heretofore.

4. Be it further enacted, That whenever a court martial shall be convened for the trial of any commissioned officer, it shall be lawful for such court to appoint such person as the muembers thereof may think fit, to act as clerk, or judge advocate, and the clerk, or

judge advocate, so appointed, shall receive a compensation for his

or private, at any muster, shall fail to go into the ranks when re

services, to be judged of by the court before whom he shall have
rendered the same, and to be paid out of the contingent fund. And
the person appointed to summon any such court martial, shal! re-
ceive compensation for his services, to be adjudged and paid in
like manner. - - - as
5. And be it further enacted, That whenever a court martial shall
hereafter convene for the trial of any commissioned officer, it shall

- - act not be lawful to summon more than three witnesses, to depose to ,

the same fact, and if more be summoned, their attendance shall be paid by the party at whose instance they shall attend.

6. Be it further enacted, That hereafter no commissions shall be granted for more than one company of grenadiers, light infantry, or riflemen, to each battalion of the militia of this commonwealth. So much of any act, as directs" that caps and uniforms for grenadiers, light infantry, and riflemen, shall be purchased out of the money arising from fines on delinquents, shall be and the same is hereby repealed.

7. Be it further enacted, That it any non-commissioned officer

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quired, or to perform any order given, (not having a reasonable

excuse, to be judged of by a court of enquiry) such non-commis

sioned officer, or soldier, shall be fined in a sum not less than five.

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nor more than ten dollars. *

* Be it further enacted, That no company of tailitia shall ex ceed the number of eighty, nor be less that sorty, rank and file, and whenever any company district shall contain more than eighty persons, subject to be enrolled in the militia, by the captain or commanding officer thereof, the same shall be divided into two o

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& Number of men

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164

1807.

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districts, to be established in the same manner, that other districts are by law directed, which new district shall constitute an additional company to the battalion of which it is a part; and when

ever any company of militia, shall be reduced to less than forty,

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Fines on certain officers for failing to attend musters,

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rank and file, such company shall be so apportioned in the other companies of said battalion, as may be agreed upon by the regimental court of enquiry. And the commissioned officers of any company so reduced, shall be considered as supernumerary; but shall fill the next vacancy corresponding with their rank, that may occur in the company within the bounds of which they may reside. ,

9. And be it further enacted, That whenever any battalion court of enquiry, shall fail to meet on the day appointed for such meeting, it shall be lawful for one member to adjourn the said court, from day to day until a board shall be formed.

10. Be it enacted, That in all cases, where the fund arising on militia fines in any regiment of militia in this state, shall not be sufficient for the payment of any draft or drafts hereafter to be made by the commandant of such regiment, in favor of any adjutant, clerk of courts of enquiry, provost martial, or musician, in such regiment, the same shall be paid out of any money in the treasury arising from militia fines.

11. Be it enacted, That the executive be authorised to contract for the making three hundred rifles annually, by such persons as they may think best qualified, to be distributed to such parts of the militia as shall be thought proper, and to order payment for the same, when satisfactory evidence of a compliance with the contract shall be made to them, to be paid out of any money in the treasury not otherwise appropriated, and in proportion to contracts entered into for this purpose, cause a diminution of rifles to be made at the armory : Provided, That the cost of each rifle complete shall not exceed fifteen dollars.

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12. Be it enacted, That the executive be, and they are hereby authorised, to procure and furnish to each commissioned officer of the cavalry, a copy of a late work on the discipline of cavalry, and the use of the broad sword, published by Seaton Grantland. And the executive shall cause to be printed and distributed, so many copies of the militia laws in force after the commencement of this act, together with the articles of war lately revised by the Congress of the United States, as will be sufficient to furnish to each commissioned officer one copy.

13. Be it enacted, That any adjutant, who shall fail to attend any regimental or battalion muster, or any other meeting of the regiment or battalion, without having a reasonable excuse, shall forfeit and pay the sum of twenty dollars, to be assessed by the regimental court of enquiry: The quarter master and pay master, the surgeen and surgeon's mate, for failing to attend the regimental muster, not having a reasonable excuse, shall forfeit and pay the sum of fifteen dollars, to be assessed in like manner; and the sergeant major for failing to attend the regimental or battalion musters, or the an: nual training of the officers, not having a reasonable excuse, shalf • forfeit and pay the sum of five dollars, to be assessed by the regi*ental court of enquiry.

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14. Beit further enacted, That officers to whom commissions 1807. have issued to raise volunteer companies, attached to any battalion ...?. or regiment of the militia of this commonwealth, shall not sit in *::::::: courts martial, till their companies are complete and a return shall . .”..."." have been made of their strength to the commandant of the regi-courts martial, ment : When commissions shall hereafter issue for the purposes &c till their comaforesaid, the officers shall not qualify to their commission until o: are Comtheir companies shall be complete, and a return thereof shall have been made as aforesaid; and until a volunteer company shall have been completed and return made as aforesaid, no person thereto Persons enlist. belonging, shall be exempt from the militia duty he was bound to inkin solomperform in the company to which he belonged. Enlistments into Foil, volunteer companies shall be for three years at least, and not for silij more than five. The keeper of the penitentiary and his assistants, plete. shall be exempt from militia duty, and the cryers of the court of . ". o appeals and chancery district courts, shall be exempt from fines for o: failing to attend the musters which may happen during the sitting from militia duty of their respective courts. *

15, And be it further enacted, That it shall not be lawful for the Executive not to executive to organize or establish any regiment, battalion, or ..."...” company, or to commission any officer to command any regiment, authorised by *battalion or company, unless such regiment, battalion, or company, law, * shall have been previously established by the laws of this commonwealth, or unless the executive shall have been, or shall be expressly authorised to establish or organize the same; and every person to whom any commission shall have issued heretofore contrary to the provisions of this section, shall not be exempt from militia duty, nor be entitled to any rank by virtue of such commission.

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16. And be it further enacted, That every person employed by Expresses to be any lieutenant colonel commandant, as an express in pursuance of Paid . . any order from the executive, or of any major general, or brigadier . general, shall receive such compensation as the court of enquiry of * the regiment where such person was so employed shall determine, to be paid out of the militia fines of such regiment.

. 17.4nd be it further enacted, That every person, who may think Person aggriev himself aggrieved by the judgment of any court martial, shals, with edby entence o in ten days thereafter, file a notice in writing with the judge advo- to: n cate; stating that he intends to appeal from such judgment, and shall, within ninety days after the filing such notice, prosecute his & appeal; otherwise the judgment of such court shall be final, as if the same had been approved by the executive.

18. And be it further enacted, That every clerk of the courts of clerk of a court enquiry, shall take an oath faithfully to execute his duty, to be ad-ofenquirytotake ministered by the president of the court, before such clerk shall pro- an oath. coed to act as such ; and every such clerk failing to furnish the her - h llecto f hi - Penalty on him sheriff, sergeant, or other collector, of his county, or corporation - - - - - - -- - - - *** for breach of du. with a list of the fines due within his bailiwick, corporation, or dis. ... trict, or to certify the list to the auditor of public accounts, as disected by law, shall be subject to a fine of fifty dollars for every failure. And it shall be the duty of every lieutenant colonel com. Duty of com. mandant to certify within ninety days after the meeting of his re- **** gimental court of enquiry, annually, the name of the clerk of such Court of enquiry. . And every lieutenant colonel commandant failing herein, shall forfeit and pay the sum of fifty dollars for every - - --- .*

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* 1807.

Penalty on Bri-.

gadier General failing to direct training of offiCelts.

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failure. And it shall be the duty of the auditor of public accounts to certify every such failure to the lieutenant colonel commandant of the regiment wherein the same happened, to be by him said before the next regimental court of enquiry, who shall proceed to adjudge such fine against the delinquent as in other cases: and the fines so imposed shall be collected and accounted for as other fines are by law directed.

19. And be it further enacted, That every brigadier general failing to appoint or direct the training of officers in any regiment, or failing to appoint regimental musters as directed by law, shall forfeit and pay not less than fifty, nor more than two hundred dollars for every failure, to be adjudged by the court of enquiry of the regiment within the limits of which he may reside. And it shall be the duty of the lieutenant colonel commandant, in whose regiment such failure shall happen, within thirty days thereafter, to certify the same to the president of such court of enquiry, whose duty it shall be to cause notice to be given to such brigadier general, and such court of enquiry “shall, at their ensuing session, proceed to adjudge such fine as in other cases; saving to the party aggrieved, the right of appeal to the executive, under the regulations herein before mentioned : And the fines se imposed, shall be collected and acceunted for as in other fines.

20, Be it further enacted, That the oaths prescribed to be Eaken by a militia officer may be administered by any justice of peace of a county, or mayor, or alderman of any corporation within this com

monwealth. And it shall be the duty of the officer taking such

oaths out of the county or corporation in which he resides to transmit the certificate of such qualification, signed by such justice, mayor, or alderman, to the court of the county where such officer may reside, there to be entered of record by the clerk.

21. All acts and parts of acts coming within the purview of this act shall be and the same are hereby repealed.

22. This act shall commence and be in force from and after the passing thereof.

CHAP. CXXXII.
An Act to amend the Penal Laws of the Commonwealth.*
[Passed February 10, 1808.] o

1 B* it enacted by the General Assembly, That if any slave or

slaves at any time hereafter, shall wilfully and maliciously, burn or set fire to any barn, stable, cornhouse or other house, or shall advise, counsel, aid, abet or assist any slave or slaves, free negro or mulatto, to commit either of the said offences, being there: of lawfully convicted, if the amount of the burning be of the value of ten dollars, he, she or they, shall be deemed guilty of felony, and shall suffer death as is provided in other cases of felony.

2. And be it further enacted, That if any slave or slaves, shall wilfully and maliciously burn or set fire to any stack or cock of wheat, barley, oats, corn or other grain, or to any stack or cock of hay, straw or fodder, or shall advise, counsel aid, abet or assistamy slave or slaves, free negro or mulatto, to commit either of the

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