lists of fines, &c. to certify the duty of the clerk, recorder, or judge advocate, to the sheriff to make out lists of all fines which by the said and auditor. courts may be assessed, and to certify them to the Provision where person sheriff of the counties in which the delinquents may reside, and to the Auditor of Public Accounts, under the same penalties, and in the same manner, as is prescribed in the case of clerks of Regimental Courts of Enquiry. 27. Where a draft shall be made, from any comdrafted shall pany of Militia within this Commonwealth, and any die, or fail to of the persons drafted to perform a tour of duty, march. shall die before he or they shall march, or, from sickness, be unable to march, or from any other cause, Next man to shall fail to march when ordered, the next man or march, in requisition then men, in the class or roll of the company, to which ordered, &c. he or they shall belong, shall march in the requisition then ordered; and so on until the requisition be completed; taking from each company, in each Regiment, a sufficient number to make up the quota required from each company by the draft. Absentees vous, without be apprehen 28. When any non-commissioned officer, musicifrom rendez-an or private, shall fail to appear at the place of renleave, may dezvous appointed, when ordered, or absent himself ded, and how. Without leave, it shall be the duty of the commandant of the Regiment to which he belongs, forthwith to order some commissioned officer, and as many men as may be necessary, belonging to the said Regiment, to apprehend and take such non-commissioned officer, musician or private, and deliver him to the commandant of the detachment with which he was detailed; and, in all such cases, every person to be treated so failing or absenting himself without a justifiable excuse, shall be deemed a deserter, and treated Proviso, in accordingly: Provided, nevertheless, That, if, in favour of per the opinion of such commissioned officer, the perto march. son so failing, shall not be able to march, such forming tour commissioned officer shall not be bound to execute of duty, or such order: And provided also, That if any perfor desertion son so offending, shall be apprehended and delivnot fincable. ered to the commanding officer of his corps, so Such persons as deserters. sous not able Offender per standing trial that he perform his tour of duty, or stand his trial for the offence of desertion, he shall not be liable to the fine imposed by the twenty-sixth section of this act. for men de, to be furnish 29. When any Militia-man shall be detailed or Substitutes, drafted for service, he may furnish to the comman-tailed or dant of the Regiment, from which he is so detailed drafted, how or drafted, or to the commandant of the company ed. or detachment, or to the commandant of the Regiment to which he may be transferred, at any time before the organization of the Regiment, an able bodied man, well clothed; and if either the commandant of the said Regiment, or the commandant of the company called into service, on inspection, shall adjudge the man tendered as a substitute, able to perform the tour of duty, he may receive him as a substitute; and the commandant of the Regiment, to which he may be transferred, may, at any time after the organization thereof, receive such substitute, provided, that in his opinion, the public service will be thereby promoted; and if it should so happen that the substitute, from his stand where the subin his class roll, or division list of his company, led on to per should be called on to perform his own tour of duty, tour of duty before the time for which he is so engaged shall before his enexpire, the person furnishing him as a substitute, expired. shall march in his place, or furnish another substitute, or be liable to the fines and imprisonment provided for by this law; and the person furnish- Person furing a substitute, shall be liable to muster, and shall nishing a substitute, liable perform militia duty, in the absence of such substi- to muster,&c. tute, in the same manner as if he had not furnished absence. a substitute. Provision stitute is cal form his own gagement has during his at rendez be certified to auditor by 30. The fines, as well those heretofore, as those Fines for failhereafter, imposed by law, upon a non-commissioned ing to appear officer, musician or private, for failing to appear at vous, &c. to the place of rendezvous when ordered, or failing the sheriff and to march when ordered, or to furnish a substitute, president of shall be certified by the President of the court be- the court. fore whom the same shall be assessed, to the sheriff of the county in which the delinquent shall reside, and also to the auditor of public accounts; noticing in the certificate to the auditor, the residence of the delinquent. The said sheriff shall proceed forth- How and C when to be le into the trea sury. pensation and vied and paid with, upon such certificate, to levy the said fine, with costs, by distress and sale of the goods and chattels of the delinquent; and shall pay all such Sheriff's com- fines by him levied, into the public treasury, at the liability. same time that the public revenue is payable; shall be entitled to the same commission thereon as for the collection of the said revenue, and liable to be proceeded against, for a failure to pay the same, in like manner as for a failure to pay the public reveWhen delin- nue. And when any non-commissioned officer, muquents matted sician or private, shall be adjudged to suffer imprisonment, there being no goods and chattels found whereof to levy the said fine, the said sheriff shall How long to forthwith commit such delinquent to jail, there to be confined during the term for which he was adjudged to suffer imprisonment, or until he shall pay the fine with costs. be committed to jail ; be confined. Officers to tachments to be detailed from the di 31. When any detachment of Militia shall be command de. hereafter called into the service of the United States, or of this State, from any particular Division, Brigade or Regiment, within this State, the officers intended to command such detachment, shall be detailed from the Division, Brigade or Regiment, from which such detachment shall be detailed. vision, brigade or regi ment. Field officers tal staff, to be a colonel cal vice. 32. When any Colonel shall be called into the and regimen service of this Štate, he shall have the exclusive appointed by right to appoint his field and Regimental staff offiled into ser- cers, to consist of one Adjutant, one Quarter-master, one Pay-master, one Surgeon, two Surgeon's Mates, one Sergeant Major, one Quarter-master Pay-master Sergeant, and two principal musicians: Provided, master to give That the said Colonel shall cause the Pay-master bond and se- and Quarter-master to give, when called into actucurity. al service of the State, bond and security to the Governor for the time being and his sucessors, in the sum of seven thousand dollars, for the faithful discharge of their respective duties. and quarter Term of ser vice of militia 33. The Militia of this Commonwealth, when called out by called out under state authority, shall serve six state authori- months after their arrival at the place of rendezvous, unless sooner discharged, and shall have credit only for the time actually served: Provided, how ty. ever, that the Governor of this Commonwealth shall, Proviso. by entire routine of 34. The Governor, with the advice of Council, Companies of artillery, cavshall and may cause the several companies of Ar- alry, &c. may tillery, Cavalry, Grenadiers, Light Infantry and be allotted, Riflemen, to be allotted by entire companies into companies for Divisions, from one to ten, for a regular routine of duty. duty and the said companies shall, in future, be called in actual service by entire companies, in such manner and proportion as the rest of the Militia, or as the nature of the service may require; and all Such allotsuch allotments shall be returned to the office of recorded in the Adjutant General, to be recorded by him. ments to be adjutant general's of of cav. or furnish a 35. Where a troop of Cavalry, company of Ar- fice. Penalties on tillery, Light Infantry or Riflemen, shall be order- members of ed to march, and any man belonging to such troopy, &c. failor company, shall fail to march or furnish a substi- ing to march tute as aforesaid, the Commandant of the company substitute. of infantry, in whose district he may reside, shall immediately enroll him, and put him in the division or class, to perform the next tour of duty; and he shall no longer be a member of such troop of Cavalry, company of Artillery, Light Infantry or Riflemen, as the case may be; and shall moreover be liable to the fines and penalties imposed by this act on non-commissioned officers and privates, who fail to appear at the place of rendezvous, or shall fail to inarch when ordered. 36. The Members of the Council of State, Judg- Who are exempted from es of the Superior Courts, Clerks of both Houses military duty. of the General Assembly, Clerks of the Superior and inferior Courts, the Attorney General, the Treasurer and his clerks, the Auditor of Public Accounts, the Register of the Land Office, and their clerks, all Inspectors of tobacco, all Professors and Tutors of the College of William and Mary, and all other public seminaries of learning, all ministers of the Who from muster fines in certain cases. And who from ordinary tia-men, re gospel licensed to preach according to the rules of their sect, who shall have previously taken, before the court of their county, the oath of fidelity to the Commonwealth, keepers of the public, county and corporation jails, and of the public hospital, the keeper of the Penitentiary and his assistants, and the door keepers to the Executive, shall be and are hereby exempted from the performance of all and any part of the duties required by this act; and the cryers of the Court of Appeals and Chancery District Courts, shall be exempt from fines for failing to attend musters which may happen during the sitting of their respective courts. 37. The officers of the several banks established duties of mili- by authority of the Commonwealth, and their resmaining lia- pective branches, and all millers necessarily and personally employed in any grist-mill, and all ferrydetailed for men necessarily and personally employed at any actual service. ferry established by law, shall be and are hereby ble to be drafted and Who shall be enrolled in the militia. exempted from the performance of the ordinary duties of Militia-men; but it shall be the duty of every captain commanding a company, in the bounds of which any person so exempted shall reside, to enroll such person in his proper class in such company, as other persons are by law directed to be enrolled; and every such person shall be liable to be drafted and detailed for actual service, in the same manner as he would have been had this exemption not been made. 38. The commanding officers of Companies shall enroll every able-bodied white male citizen, between the ages of eighteen and forty-five, (except such as are exempted by this act,) resident within his district; and in all cases of doubt respecting age of persons the age of any person enrolled, or intended to be claiming to enrolled, in any company of Militia, the party questioned shall prove his age, to the satisfaction of a majority of the officers of the Company, within whose bounds he may reside. Burden of proof, as to be exempt. Executive to commission officers of 39. The Governor, with the advice of Council, or on the recommendation of the county or corpocompanies of ration courts, shall issue commissions for one Cap grenadiers, |