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

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 annual training of the officers, not having a reasonable excuse, shall forfeit and pay the sum of five dollars, to be assessed by the regi mental court of enquiry,

1807.

not to sit in

14. Be it further enacted, That officers to whom commissions have issued to raise volunteer companies, attached to any battalion or regiment of the militia of this commonwealth, shall not sit in Officers of voluncourts martial, till their companies are complete and a return shall teer companies, 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 panies are complete. their 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 enlistbelonging, shall be exempt from the militia duty he was bound to ing in such eomperform in the company to which he belonged. Enlistments into panies, to perform militia duty volunteer companies shall be for three years at least, and not for till they are com.. 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 Keeper of Peniappeals and chancery district courts, shall be exempt from fines for tentiary and others, exempt failing to attend the musters which may happen during the sitting from militia duty of their respective courts.

officers unless

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 commission any 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.

any

16. And be it further enacted, That every person employed by Expresses to be 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.

a court martial,

17. And be it further enacted, That every person, who may think Person aggriev himself aggrieved by the judgment of any court martial, shall, with- ed by sentence of in ten days thereafter, file a notice in writing with the judge advo- how to proceed. 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- of enquiry to take ministered by the president of the court, before such clerk shall pro- an oath, ceed to act as such; and every such clerk failing to furnish the sheriff, sergeant, or other collector, of his county, or corporation, for breach of duPenalty on him with a list of the fines due within his bailiwick, corporation, or dis- ty. trict, or to certify the list to the auditor of public accounts, as directed 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 regimental 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

mandant.

cers.

1807.

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 laid 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.

Penalty on Bri-. 19. And be it further enacted, That every brigadier general failgadier General ing to appoint or direct the training of officers in any regiment, or failing to direct training of offi- 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 here in before mentioned: And the fines so imposed, shall be collected and accounted for as in other fines.

Who may admi. nister an oath to

a militia officer.

Repealing clause

Commencement.

&c

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

B

An Act to amend the Penal Laws of the Commonwealth.*

[Passed February 10, 1808.]

Penalty on slaves 1 E it enacted by the General Assembly, That if any slave or slaves at any time hereafter, shall wilfully and maliciously, for burning barn, 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 thereof 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.

&c.

Ditto for burning 2. And be it further enacted, That if any slave or slaves, shall stack of wheat 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 assist any slave or slaves, free negro or mulatto, to commit either of the

See ante ch. 55, p. 79, and notes.

offences in this section mentioned, being thereof lawfully convicted, he, she or they, shall be deemed guilty of felony, and shall be burnt in the hand, and receive on their back any number of lashes not exceeding thirty-nine, as the court in their discretion may think fit to inflict.

1807.

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