AND BE IT ENACTED by the Authority aforesaid▪ That the Trea­surer of this Colony shall, out of any of the Monies aforesaid, in his Hands, pay unto John Cruger, Beverly Robinson, and Peter Van Brugh Livingston, Commissaries appointed. Esquires, whom His Honour the Lieutenant Governor hath been pleased to appoint Commissaries and Pay-Masters to the Forces raised in this Colony, the Sum of Forty Four Thousand Pounds, to be by them applied in the Pay­ment of Two thousand six hundred and eighty effective Men, Officers included, who are to be employed in the Expedition aforesaid, after the following Rates, to wit, To three Colonels Sixteen Shillings per Diem each. To three Lieutenant Colonels, Fourteen Shillings per Diem each. To three Majors Twelve Shillings [Page 3] per Diem each. To three Adjutants, being Lieutenants, Ten Shillings per Diem each. To twenty-seven Captains, Ten Shillings per Diem each. To fifty-one Lieutenants, Seven Shillings per Diem each. To three Quarter Masters, Three Shillings per Diem each. To One hundred and eight Serjeants, One Shilling and Eight Pence per Diem each. To Twenty seven Drummers, One Shilling and six Pence per Diem each. To Eighty one Corporals, One Shilling and Six Pence per Diem each. And unto Two thousand three hundred and seventy four private Men, One Shilling and three Pence per Diem each; Deduction to be made for any Deficiency in that Number, by Death, or otherwise.To be paid monthly, ac­cording to the Muster Rolls. Which Forces they are hereby directed to pay, according to the Number that shall be in actual Service, and not other­wise, which shall be ascertained by the Mu­ster Rolls of the respective Companies, month­ly, delivered unto the said Paymasters, upon the Oath of the several Captains of each Com­pany, or the Oath of the Commanding Officer thereof, at the Time of such Muster; which Oath the said Paymasters, or either of them, or such other Person as the Governor or Com­mander in Chief shall appoint, are hereby impowered and required to administer, in the Words following, viz.

AND the said Paymasters are hereby fur­ther required and directed, to pay to one Chaplain,Pay to Sur­geons, and Allowance for Medicines. attending the abovesaid Forces, Twelve Shillings per Diem. And to three Surgeons, providing each two able Assistants, to attend the said Forces, the Sum of Twenty Four Shillings per Diem each; and also to provide them with proper Chests of Medicines to the Value of One hundred and twenty five Pounds each.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That the Treasurer shall, out of the Monies aforesaid,Persons inlist­ing allowed 20 s. for each Volunteer. pay to every Officer, or other Person who shall procure to be inlisted, and sworn into the said Service, an able bodied Voluntier, the Sum of Twenty Shillings. And to each of the said Captains, as and for an Encouragement to the Men who shall inlist under him or them respectively, the Sum of Fifteen Pounds, And 15 l. Bounty to be paid to the Captain for the use of each Voluntier. to be paid by him or them respectively, to each and every able bodied Man who shall voluntarily inlist under him or them respectively, on the aforesaid Service. Which said respective Sums shall be paid by the Treasurer, on Warrants issued by the Governor, or Commander in Chief for the Time being, in Council.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Commissaries to provide Cloathing, Blankets, and Necessaries for the Force. That the Treasurer of this Colony shall, out of the Monies aforesaid, pay unto the said Commissaries, the sum of Fifteen Thousand Pounds, to be by them em­ployed in purchasing Cloathing, Blankets, [Page 5] and other Necessaries, for the Use of the Forces to be raised by this Colony, on the aforesaid Expedition. Of the due Disposition of all which aforesaid Sums of Money, they the said Paymasters shall render just and true Accounts, on Oath, to the Governor or Com­mander in Chief for the Time being, the Council, or the General Assembly, when by them, or any of them thereunto required.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That the Treasurer shall, out of the aforesaid Monies, pay the follow­ing Sums, viz. Allowance to the Field Of­ficers over and above their Pay. To each of the three Colonels, the Sum of Seventy Pounds, to furnish their respective Tables. To each of the three Lieutenant Colonels, the Sum of Fifty Pounds, for the like Purpose. And to each of the three Majors, the Sum of Forty Pounds, for the like Purpose.

AND to the End there may be no Defici­ency in the Forces to be furnished by this Colony, on the aforesaid Service, BE IT ENACTED by the Authority aforesaid, That in Case a sufficient Number of Voluntiers do not offer by the Twenty Eighth Day of April next,Number wanting to complete the Forces on the 28th of April to be detached from the Militia. to complete the full Number of Two Thousand Five Hundred and Eighty Men, including Officers, it shall and may be lawful, for His Honour the Lieutenant Governor, or Commander in Chief for the Time being, and he is hereby enabled and impowered, to supply the Deficiency by Detachments, to be made from the Militia of the several and res­pective Cities and Counties of this Colony, where such Deficiency may happen. Always [Page 6] Provided, That no more Men shall be de­tached from the said several Cities and Coun­ties, than according to the following Pro­portions, to wit,

• From the City and County of New-York, Three Hundred and Twelve effective Men.
• From the City and County of Albany,
  Quotas of Men to be furnished by the several Counties.
  Four Hun­dred and Twenty Four effective Men.
• From Kings County, Sixty Eight effective Men.
• From Queens County, Three Hundred effective Men.
• From Suffolk County, Two Hundred and Eighty Nine effective Men.
• From Richmond County, Fifty-one effective Men.
• From Westchester County, Three Hundred and Eighty Nine effective Men.
• From Dutchess County, Three Hundred and Eighty Nine effective Men.
• From Ulster County, Two Hundred and Twenty Eight effective Men.
• And from Orange County, One Hundred and Thirty effective Men.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That no Person or Per­sons whatsoever, is or are by this Act, ex­empted from being detached for the Service required by this Act,Persons ex­empted from being de­tached. except the several Branches of the Legislature, and their ne­cessary Officers; His Majesty's Attorney General; the Colony Treasurer; High She­riffs; and Clerks of Courts; Magistrates, Ministers of the Gospel; the Officers of His Majesty's Customs; and Persons under six­teen, and above sixty Years of Age.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Method of making the Detachments. That the several and respective Colonels, or next commanding Officers, of the several and respective Regi­ments [Page 7] of the Militia within this Colony, shall forthwith, after receiving the Orders of His Honour the Lieutenant Governor, or Com­mander in Chief for the Time being, for de­taching the Number of Men wanting accord­ing to the aforesaid Proportions, send for all the Captains, or next commanding Officers, of all the several Companies, as well regi­mented as unregimented, Troops of Horse included, of the several and respective Cities and Counties, to attend them at such Time and Place, as the said Colonels, or next com­manding Officers, shall appoint, with their several and respective Lists, on Oath, of their Companies, and of every other Person in their District or Beat, not exempted by this Act. Which Oath, the Colonel, or next commanding Officer, in his respective County, shall be, and is hereby impowered to admi­nister in the following Words,

From which Lists, the several and respective Colonels, or next commanding Officers, to­gether with the other Field Officers, shall [Page 8] proportion the Number of Men to be fur­nished by each Company respectively, accord­ing to the Numbers contained in the said Lists. And the said several and respective Captains, or next commanding Officers for the respective Cities and Counties, with the Assistance of a Field Officer of each respective City and County, shall, within Six Days there­after, take the proper Measures for detaching the Number allotted to each Company res­pectively, by such Time as shall be appointed by His Honour the Lieutenant Governor, or Commander in Chief for the Time being, for that Purpose, each able bodied Man who shall, before the said Detachment be made, enter voluntarily into the said Service, out of any of the said Companies, to be allowed Part of the Quota of such Company. And if any Dispute shall arise among any of the said Companies, concerning the Number of Voluntiers entered into the said Service, out of the said Companies, the same shall be ex­amined into, and finally settled by the res­pective Colonels, or other Field Officers of the City and County where the Dispute may arise.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That when any of the said Captains, or next commanding Officers, shall order their Companies to meet,Persons warn­ed and not ap­pearing to forfeit 20 l. in order to raise the Quota of Men alloted to them respectively, every Person duly warned to appear, either personally, or by Notice left at his Place of Residence, not only those be­longing to the said respective Companies, but [Page 9] such other as reside within the said Beat or District, not exempted by this Act, who shall not attend at such Time and Place as shall be appointed by the said Captain, or next com­manding Officer respectively, shall forfeit and pay the Sum of Twenty Pounds; or if it shall appear, by a proper Certificate, that the Offender or Offenders is, or are one of the People called Quakers, And if Qua­kers, to forfeit £. 8. they shall, on Account of the tender Regard the Legislature of this Colony has to scrupulous Consciences, pay the Sum of Eight Pounds, and no more.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That all free Negroes, and mustee and mulattoe Freemen, within this Colony,Free Negroes &c. liable to detached. shall be, and hereby are made liable to be detached on the aforesaid Service, by the Captain or Captains, or next com­manding Officer or Officers, within whose respective Beats or Districts they do, or may reside, notwithstanding any Indenture or In­dentures of Servitude they, or any of them may be under.

AND WHEREAS some Persons in several Parts of this Colony, have deserted from the Service of the former Campaigns: BE IT FURTHER ENACTED by the Authority aforesaid, That it shall and may be lawful for the several Militia Captains,Deserters in the two last Campaigns to be apprehend­ed and sent on the present. or next Commanding Offi­cers, out of, or by whose Company they were inlisted or detached, to take and seize all such Deserter or Deserters, wherever they can be found within this Colony, and send them on the aforesaid Service, as Part of the Quota to be furnished by their respective Companies.

[Page 10] AND BE IT FURTHER ENACTED by the Authority aforesaid, That if any Person or Persons, being Residents in any County of this Colony,Persons inlist­ed, to be al­lowed as Part of the Quota of the County they reside in, tho' inlisted for any other County. shall, after the Publication of this Act, be inlisted in or for any other County than that whereof they are Residents, such Person or Persons so inlisted, shall be allowed to be Part of the Quota of that County whereof they are Residents. And if any Dispute shall arise between two Counties upon that Head, such Dispute shall be examined into, and finally settled by such Person or Persons, as his Honour the Lieutenant Governor, or Commander in Chief for the Time being, shall appoint.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That if any Person or Persons within this Colony shall,Persons found out of their proper Coun­ty without a sufficient Rea­son, may be detached where found. after the Orders for making the said Detachments be issued, and before the said Detachments be compleated, be found in any Part of this Co­lony to which they do not belong, and shall not be able to give a satisfactory Account of himself, or themselves, and the Business they are upon, to the Captain of the District or Beat within whose Limits he or they shall be found; it shall and may be lawful for such Captain, or next Commanding Officer, to detach such Person or Persons on the afore­said Service, as Part of the Number he is to furnish out of his Company.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Persons de­tached and re­fusing the Ser­vice, to be deemed as Deserters. That if any Person or Persons so detached, shall refuse the said Ser­vice, he or they so refusing shall be deemed [Page 11] Deserters, and shall be proceeded against and punished according.But may send a Man in their Stead. Always Provided, That it shall and may be lawful for the Person so detached as aforesaid, to procure an able-bo­died Man to go in his Room and Stead, and on his producing such to the Officer or Offi­cers, appointed to Command the Company in which the said detached Person was to go, or to the Person or Persons appointed to Muster the said Men, he the said detached Person shall be discharged from that Service.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That in Case any Person or Persons whatsoever,Penalty for harbouring Persons de­tached or in­listed. shall harbour, secret, or conceal any Person detached or inlisted as aforesaid, and absenting himself from the said Service, he, she, or they so offending, shall forfeit the Sum of Twenty Pounds.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That if any Person or Persons whatsoever, shall directly or indirectly obstruct the said Detachments being made,Or for ob­structing the Detachments, or discourag­ing Persons from inlisting. or shall discourage or hinder any Person from inlisting voluntarily into the said Service, or shall, under any Pretence whatsoever, other­wise than by due Process of Law, detain any such Person who shall hereafter inlist volun­tarily, or be detached into the said Service, though the said Person be a Servant or Ap­prentice, he, she, or they so offending, shall respectively forfeit the Sum of Fifty Pounds.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That if any Captain, or next Commanding Officer of a Company of Militia, or any Person properly authorized to [Page 12] inlist Volunteers on the aforesaid Service,Servants and Apprentices, may be de­tached, or in­listed, and the Officer if sued may plead the general Issue. or receive the Persons detached, shall be prose­cuted by any Master or Mistress of a Servant or Apprentice, for detaching or inlisting his, her, or their Servant or Apprentice in the aforesaid Service, or for retaining them in the said Service; it shall and may be lawful for such Officer so detaching, or such Person so inlisting, or retaining such Servant or Appren­tice, to plead the General Issue, and give this Act in Evidence; and the Plaintiff or Plain­tiffs in such Suit or Suits, shall not recover in any such Suits, but pay all Costs.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That if any Colonel, or Field Officer,Penalties on the Officers of the Militia, for not putting this Act in Execution. shall neglect or omit to do what is enjoined him or them by this Act, they shall respectively forfeit the Sum of Two hun­dred Pounds. And any Captain, or Subaltern Officer, who shall neglect to do what is en­joined him by this Act, shall forfeit the Sum of One hundred Pounds. And every Non­commissioned Officer, who shall omit or ne­glect the Service required of him by his Cap­tain, or next commanding Officer, in executing this Act, shall forfeit the Sum of Fifty Pounds. All which Forfeitures,Forfeitures how to be re­covered and applied. shall be immediately levied on the Goods and Chattles of the said Defaulters respectively, by Warrant or War­rants, issued by one of the Judges of the Infe­rior Courts of Common Pleas, of the respec­tive County or Counties where the said For­feitures shall arise, or by one of the Judges of the Supream Court, in the City of New-York, on due Proof made thereof before him: Which [Page 13] Warrants shall be directed to and executed by the Sheriff or Sheriffs of the several Cities and Counties respectively. The said Forfei­tures when levied, shall be paid into the Hands of the Supervisors of the said respective Coun­ties, or the City Treasurer of the City of New-York, and be by them applied for and towards the Payment of the necessary Charges of each respective City and County; and all other Forfeitures laid by this Act, shall immediately be levied on the Goods and Chattles of the Defaulters respectively, or on the Goods and Chattels of their Masters or Mistresses, by Warrant or Warrants under the Hands and Seals of the Captain, or next commanding Officer of each respective Company, directed to a Serjeant or Corporal of his Company, to be applied by the said Captain, or next com­manding Officer, either for the encouraging of Volunteers, or towards the Reimbursement of those in his Company who have contributed thereto. And where no Goods or Chattels are to be found, the aforesaid Defaulter or Defaulters respectively, shall be committed to Goal, there to remain without Bail or Main-prize, for the Space of six Months, or until the said Forfeitures, with all Costs and Charges attending the same, shall be fully paid.

AND, that none of his Majesty's Subjects, who are inclined to go upon the Service afore­said, may be impeded, or debarred from en­tering voluntarily therein, or being detached, prevented from going thereon;Persons en­listed or de­tached not liable to be taken in a Process for a Debt under £ 50. BE IT ENACT­ED by the Authority aforesaid, That no Per­son who shall inlist, or enter himself a Volun­teer [Page 14] in the said Service, or being detached thereon, shall, during the same, be liable to be taken therefrom, by any Process or Execution whatsoever, other than for some criminal Matter, unless for a Debt, or other just Cause of Action. And unless, before the taking out of such Process or Execution, not being for a criminal Matter, the Plaintiff or Plain­tiffs therein, or some other Person or Persons in his or their Behalf, shall make Affidavit before one or more Judge or Judges of the Court of Record, or other Court out of which such Process or Execution shall issue, or be­fore some Person authorized to take Affida­vits in such Courts, that to his or their Know­ledge, the original Sum justly due and owing to the Plaintiff or Plaintiffs, from the Defen­dant of Defendants, in the Action or Cause of Action on which such Process shall issue, or the original Debt for which such Execution shall be issued out, amounts to the Value of Fifty Pounds, current Money of the Colony of New-York, over and above all Costs of Suit in the same Action, or in any other Action on which the same has been or shall be grounded: A Memorandum of which Oath, shall be endorsed on the Back of such Process or Writ, for which Memorandum, or Oath, no Fee shall be taken. And if any Person shall nevertheless be arrested contrary to the Intent of this Act, it shall and may be lawful for one or more Judge or Judges of such Court, upon complaint made thereof by the Party himself, or by any of his superior Officers, to examine into the same, by the [Page 15] Oath of the Parties, or otherwise, and by Warrant un­der his or their Hands and Seals, to discharge such Sol­dier so arrested or detained, contrary to the Intent of this Act, without paying any Fee or Fees, upon due Proof made before him or them, that such Soldier so arrested or detained, was duely inlisted for the Service, or detached thereon, as aforesaid; and was arrested and detained contrary to the Intent of this Act.

AND BE IT FURTHER ENACTED by the Authrrity aforesaid, Persons inlist­ing or detained in Goal for a Debt under £ 50, to be discharged. That any Person or Persons who are willing to inlist, and shall accordingly inlist for the Service aforesaid, or being detached therein, who are now de­tained in Goal, upon Execution or any Process in any Civil Action, where the original Cause of Action did not amount to the Sum of Fifty Pounds, shall, up­on a Certificate of such his or their Inlistment or De­tachment being produced to any Judge or Judges of the Court from whence such Process issued, be dis­charged from Imprisonment, without paying Fees. Provided nevertheless, That such Discharge shall not be deemed an Extinguishment of any such Debt, but any Plantiff or Plantiffs may be at Liberty to proceed to Judgment and Execution against the Goods of any such Defendant, and also against their Person or Per­sons, after he or they shall be discharged from the said Service, in the same Manner as if such Debtor had not been released from Imprisonment.

AND BE IT ENACTED by the Authority aforesaid, That no Person or Persons whatsoever engaged in the Service aforesaid, shall be detained therein longer than to the first Day of November next.

AND BE IT ENACTED by the Authority aforesaid, That as well those that enter voluntarily,Companies detaching or producing non effective Men, to furnish able bodied Men in their Stead. as those that may be detached in the said Service, shall be mustered, viewed and examined by such Person or Persons, and at such Time and Place, as his Honour the Lieutenant Governor, or Commander in Chief for the Time being, shall appoint. And in Case any of them be found on such Examination, unfit for such Service, the Company or Companies producing such unfit Person or Persons, shall be obliged to supply their Places with other fit and able bodied Men.

AND BE IT ENACTED by the Authority aforesaid, Clause against Mutiny and Desertion. That in Case any Person or Persons whatsoever, en­gaged in the Service aforesaid, either as Officers or Soldiers, shall, at any Time during the said Service, de­sert [Page 16] therefrom, or shall begin, excite, cause, or join in any Mutiny or Sedition in the Company to which he doth belong, or in any other Company engaged in the said Service, or shall hold Correspondence with any Rebel or Enemy of his Majesty, or give them Ad­vice or Intelligence by Letters, Messages, Signs or Tokens, or any Manner of Way whatsoever, or shall strike or use any Violence against his superior Officer, being in the Execution of his Office, or shall refuse to obey any lawful Command of his superior Officer, they shall respectively suffer Death, or such other Punishment as shall be inflicted by a Court Martial: Which Court Martial shall be held, constituted and appointed, by Commission from his Honour the Lieu­tenant Governor, or Commander in Chief for the Time being, under the Great Seal of this Colony.

AND whereas some able bodied Men may abscond, and secret themselves before the said Forces be com­pleated, to prevent their being detached on the afore­said Service. BE IT ENACTED by the Authority afore­said, That the several and respective Militia Captains or next commanding Officers, shall be, and hereby are fully impowered, authorized, required and direct­ed, with such Force as they shall think necessary, to make diligent and strict Search for all such absconded Persons belonging to their respective Companies, or whose usual Residence is within their respective Districts or Beats, and take, seize, and secure all such absconded Persons as they can meet with, wherever they can be found, in the several and respective Counties they be­long to, and send them on the aforesaid Service, as Part of the Quota to be furnished by their respective Companies. And in Case any of the absconded Persons shall not be found before the March of the Forces to the General Rendezvouz, it shall and may be lawful for the said several and respective Captains, or next commanding Officers respectively, with such Force as they shall find necessary, to take, seize and se­cure all such absconded Persons, as shall or may af­terwards be found, and send them on the aforesaid Service as Recruits, for the Forces furnished by this Colony, on the aforesaid important Service, unless he or they shall pay Twenty Pounds, to his or their respec­tive Captains, to be applied to the use of such Per­son or Persons, proportionably, as have contributed towards the procuring the Inlisting of Persons in their respective Companies for the Service aforesaid.