Extract of an act of the General-Assembly of the colony of New-York. Published the 22nd of March, 1760. Entitled, an act for levying, paying and cloathing, two thousand six hundred and eighty effective men, officers included, for forming an army of twenty thousand men, with the forces of the neighbouring colonies, to reduce, in conjunction with His Majesty's regular troops, Montreal, and other posts belonging to the French in Canada; for emitting bills of credit for the sum of sixty thousand pounds, and for sinking and cancelling the said bills in short periods. Act for levying, paying, and cloathing, two thousand six hundred and eighty effective men New York (State). Approx. 31 KB of XML-encoded text transcribed from 17 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI : 2008-09. N31089 N31089 Shipton 41160 APW9808 41160 99016231

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Early American Imprints, 1639-1800 ; no. 41160. (Evans-TCP ; no. N31089) Transcribed from: (Readex Archive of Americana ; Early American Imprints, series I ; image set 41160) Images scanned from Readex microprint and microform: (Early American imprints. First series ; no. 41160) Extract of an act of the General-Assembly of the colony of New-York. Published the 22nd of March, 1760. Entitled, an act for levying, paying and cloathing, two thousand six hundred and eighty effective men, officers included, for forming an army of twenty thousand men, with the forces of the neighbouring colonies, to reduce, in conjunction with His Majesty's regular troops, Montreal, and other posts belonging to the French in Canada; for emitting bills of credit for the sum of sixty thousand pounds, and for sinking and cancelling the said bills in short periods. Act for levying, paying, and cloathing, two thousand six hundred and eighty effective men New York (State). 16 p. ; (fol.) Printed and sold by W. Weyman, in Broad-Street., New-York: : [1760]

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eng Draft -- New York (State). Paper money -- New York (State). New York (State) -- History -- French and Indian War, 1755-1763. 2007-08 Assigned for keying and markup 2007-09 Keyed and coded from Readex/Newsbank page images 2008-01 Sampled and proofread 2008-01 Text and markup reviewed and edited 2008-02 Batch review (QC) and XML conversion

EXTRACT OF An ACT OF THE GENERAL-ASSEMBLY OF THE Colony of New-York. Publiſhed the 22d of March, 1760.

ENTITLED, An ACT for levying, paying, and cloathing, Two Thouſand Six Hundred and Eighty effective Men, Officers included, for forming an Army of Twenty Thouſand Men, with the Forces of the neighbouring Colonies, to reduce, in Conjunction with His Majeſty's Regular Troops, Montreal, and other Poſts belonging to the French in Canada; for emitting Bills of Credit for the Sum of Sixty Thouſand Pounds, and for ſinking and cancelling the ſaid Bills in ſhort Periods.

NEW-YORK: Printed and Sold by W. Weyman, in Broad-ſtreet.

Anno trigeſimo tertio GEORGII ſecundi Regis.

An ACT for levying, paying, and cloathing, Two Thouſand Six Hundred and Eighty effective Men, Officers included, for forming an Army of Twenty Thouſand Men, with the Forces of the neighbouring Colonies, to reduce, in Conjunction with His Majeſty's Regular Troops, Montreal, and other Poſts belonging to the French in Canada; for emitting Bills of Credit for the Sum of Sixty Thouſand Pounds, and for ſinking and cancelling the ſaid Bills in ſhort Periods.

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 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.

I A. B. do ſwear, Oath to prove the Muſter Rolls. that the Muſter-Roll here produced by me, is juſt and true, and contains no more, nor other Perſons Names, than ſuch who are really and truly inliſted in my Company, and are now actually and really in the Service, on the preſent Expedition. So help me GOD.

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, 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 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 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,

I A. B. do ſwear, that the Liſt I now deliver, contains the Names of all the Men from Sixteen Years of Age to Sixty (not exempted by an Act, entitled, An ACT for levying, paying, and cloathing, Two Thouſand Six Hundred and Eighty effective Men, Oath: Officers included, for forming an Army of Twenty Thouſand Men, with the Forces of the neighbouring Colonies, to reduce, in Conjunction with His Majeſty's Regular Troops, Montreal, and other Poſts belonging to the French in Canada; for emitting Bills of Credit for the Sum of Sixty Thouſand Pounds, and for ſinking and cancelling the ſaid Bills in ſhort Periods) in my Company or Beat, according to the Beſt of my Knowledge.

From which Liſts, the ſeveral and reſpective Colonels, or next commanding Officers, together with the other Field Officers, ſhall 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 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.

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 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 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 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 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 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 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.