Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1777-04-01 00:00:00, page 4

And be it further enabled by the authority aforefaid, That
the Lieutenant, or in his absence the nearest two Sub-
Lieutenants, in the City and Counties reflectively, Shall
caul: the Constable or some other Suitable person of the
f.veral Fownlhips, Boroughs, Wards or Districts, with
in their refp^hve jnrifdaions, to make true lifts annu
ally of all male wh.te perlons between the ages aforefaid,
u ually refilling in their reipt&ive Townlh ps, Boroughs,
Wards or Dorias, jn order that such as (ball then be
above the age of finy-thiee years, or otherwise difquali
tied, may be difeharged, and that such as are arrived to
proper age, or miy have within the laid year become re
fidenttmiv be enrolled, and the Constable Shall bs al
lowed Fve Shillings only for each day he Ihall be faith
fully cm loved in obtaining : nd returning a lift of the
pirfans of his Township, to be ptid by the County Trea
surer refee&ively, out of the monies 111 his hands be
longing to the State., ,
And be it further erased by the authority aforefaid, That
no perlon Serving as a lubhuute for another ihall thereby
be ex :rifed from serving in his own turn.
dud be it further enabled by the authority aforefaid, That
if any Militia Man when called into actual tei vice ihall
absent himfelf or defert,from the company, battalion or
troop to which he belongs, the pedm or persons so of
fending, (hill forfeit and pay a sum equal to two months
pay, and if a n Officer ihall be cafbi^red.
And be it further era died by the authority aforefaid, That
the Lieutenant, with oiear more ot the laid Sun Lieute
nants, together with any one Juttice ot the Peace, or any
t-vo or more Sun Lieutemrs, together wuh any two
Justices of the P ace, (ball meet in the City and the five
ral Counties from time to time, as often as they (hill find
necessary, for the due execution of this AEt, and one of
the said meerm :s in every year, fhdl be on the last M n
day in the month of Julv, and on. -otner of Qie said meet
ings foil be on the third Monday in the month of De
cember...
And be it further erased by the authority afirefaid; That
the said Lieutenant of the City, and the said Lieutenants
for the Counties respectively, Ih ill have and receive the
sum of Fifteen Shillings per day each, for their trouble,
and the Sub- Lier.tenmts of the did City and Counties r r
f^Sbvely, fn dl have and receive the sum of Twelve
Shillings perfay each, for their trouble, for ever; day
in which they (hall beerudLed, in doing and perf^rm
inT the refoeCbvc duties req aired of them by this Act,
which said him or fams of money sh dl be respectively paid
Unto tl'v u out o 1 the State Treasury.
And ifopal any draft of part of the Militia for ,&□::!
service, it Should happen to fall to the lot of any minor or
apprentice, to be so d.aded, and the laid minor or ap
prentice (honh.l neglect or lefofe to go, and allo the p -
r~nt, or matter or midrefs, refufe or n<gk& to find a fub
' ftirutein bis ft^l, an I a fu'.Birute- or Substitutes having
been found agreeable to the directions of this A&, It is
hereby enabled and declared, That the father ot mother
of such minor, and the matter or milt efs of such appren
tice, (hall be liable to the payment ot such film or fuos of
money as it (hall cod to procure such Substitute or fnbfti
tutes : And also in case such iubftiiute or fublLtutes can
ri it.be obtained, then to pav all Such fines or turns of mo
ney as are impof d by this aft on inch minor or apprentice.
1 And be it further enabled by the authority aforefaid, That
if ary parent, guardian, matter or mittrris, of any per
son between the ages ot eighteen an I twenty-one years,
or of apy other person made liable to serve in the Militia
by this Art, shall think him or herfelf aggrieved, by any
of the rates, fines, or sum or sums of money agreed for
in the procuring of substitutes (and for the redress of
which no express provifi >n is already made by this Art)
he, flte or they may appeal to the Lieutenants and Jof
t'ces a'orefaid, on the days and times before mentioned,
v. he are hereby r-qtired and enjoined to give attendance
from davto day, as long as may be necessary, at such
convenient place or places as they shall appoint, of which
days and places of meeting they shall cause due notice to
be given to the inhabitants, and then and there, the said
Lieutenants and Judices, shall hear all such appeals as
maw be made to them, and shall moderate oY remit the
said rates and fines as to them shall appear just and necef
farv, in confederation ofinability of body or estate only.
And be it further ena^ed by the authority aforefaid, That
on rhe deah, removal, or other incapacity of any of the
Lieutenants of the City arid Counties refpe&ively, the
Sub-Lieutenants shall continue to art, and exercise all
the authorities by this Art committed^ th^m 7 Pntil the
General Assembly and the Supreme Executive Council
shall have appointed and commifli med another Lieute
nant, or Lieutenants, in his or their room or Stead.
Rod be it further enabled by the authority aforefaid, That
all rhe Lieutenants and Su ^Lieutenants to be appointed
by virtue o' th%Aft, (hall regularly once in every fix
months I c their accounts of the money received and ex
pended by them before the General Assembly, or any
Commit ^ zp minted by them for that purpose.
And be it farther erased by the authority aforefaid, That
if any C^mmrihoned Officer, Non-commdlioned Officer
or Private Militia-man of this State, who has, or here
after mav lose a limb in any engagement, in the service
of this State, or in the service ot the United States of
America, or be so disabled as to render him incapable of
gerting a livelihood, fliall receive during life, or the con
tinuation of such disability, a pension, not more than one
half of the monthly pay, from and after the pay as an
Officer or Private Mid ia man ceases ; still Subject to be
lowered, so as to be made adequate to the necessity of
f.*h difibled Offi er or Private Militia-man, by the
j judgment of the Orphans Court o f the County where such
disable! Officer or Private Militia-man shall dwell or re
side. Arid every Officer or Private, disabled as aforefaid,
shall, before he be legally entitled to the pension above
mentioned, produce a certificate from the Commanding
Officer who was in the fame engagement in which he was
wounded, or from some other Officer of the fame corps,
or the Surgeon that attended him : And upon such dis'
abled Officer, Non-commiffiuned Officer or Private Mili
tia-man's p^ducihg such certificate as aforefaid to the
Orphans Court of the County where such disabled Officer
0 P iv^e Mlitia-man (had dwell or reside, the 'aid Court
is hereby enj died and required to give every such Officer
or Private an order on the Lieutenant of the said County
for such sum or sums of money from time to time as to
them shall appear just and nectary: And the said Lieu
tenant is hereby enjoined and required to accept and pay
the (aid order, to such Officer or Private; And the said
Lieutenant (hall draw on the State Treasurer as often as
PHILADELPHIA: Printed by JOHN DUNLAP, at the Newefl Fritting-Office in Mar^e^reef
he foall have occafian far. Inch fom or sums of money as
he shall make appear to tie Prefi lent and Council to be
necchary for carrying this Law into execution.
And be it further ena&e&by the authority aforefaid, That
if any Officer, Non-commissioned Officer or Private
Militia-Man residing in this State, having a family,
shall be killed or die of his wounds received in the service
of this 'or the United States, a certificate from Some
Officer (who wasan the fame engagement in which he
was so killed or wounded and died of his wounds) being
produced to the Orphans Court, and also a certificate
from the Overseers of the Poor, and two other reputable
Freeholder of the Townihip, Borough, Ward or Dis
trict, where the family of such deceased Officer, Non
commissioned Officer, or Private Militia- Man fliad dwell
or reside at that time, setting forth the particular circum
stances of such family, the age or ages of the child or
children, and the necessity of granting them some sup
port, the said Orphans Court when pofidfed of the Cer
tificates aforefaid, are hereby authorised to give au o:d.r
in favour of such family, upon the Lieutenant of the
County, for such sum of money as they may think just
and necessary for the fuppert of such family from time
to time. Provided always, that the support granted do
not exceed half the pay that such Officer, N m commis
sioned Officer, or Private Militia-Man was entitled to
at tie time of such killing or wounding.
Be it enafted by the authority aforefaid, That if any
Leutenant, Sub-Lieutenant, Officer of the Militia, or
Conltable, (hall be found guilty of any fraud, or wilful
partiality to any perlon, in the carrying this Art into
execution, or fhali refute or ncglert to do and perform,
all and Cingular the duties (other than military duties)
required of him or them respectively by this Art, and
1)111 be duly converted thereof, by a Jury ot his Coun
try, before any Court of Record in this ^tate, fucn Lieu
tenant, Sub Lieutenant, Militia Officer, or Constable,
shall lor every such offence be fined at the discretion of
fucn C u r t. in coy sum not exceeding fifty pounds.
And be it further enacted by the authority aforefaid, That
if any fuic or suits ihall be brought or commepced againit
any perlon, or perlons, for any thing done in pursuance
of this Art, the action (hall be laid in the County where
the causes of such artion did arise, and not eUewhere.
And rhe defendant or defendants in such artion or actions
to be brought, may plead the general issue, and give tins
Art and the ipecial matter in evidence ; and if the Jury
shall find tor the defendant or defendants in such art on
or artous, or if toe plaintiff or plaintiffs Ihall be nori
fitted or discontinue his or thlir action or actions, afier
the defendart or defendants Ihall have appeared, or if
upon demurrer, judgment shall be given against the plain
tiff o'plaintiffs, the defendant or defendants (hall have
treble coff?, and have the like remedy for the fame, 2$
any defendant or defendants hath or have in other cases
to recover costs b) Law.
And be it further enaßfd by the authority aforefaid, That
the Following Rules and Regulations ihall be tiie Rules
and Regulations by which the Militia shall be governed.
I. , F any Commissioned Officer make ule of any pro
£ sane oat lor execration when on duty, he ihall
forfeit and pay for each and every such offence, the turn
of Five Shillings, and if a Non-commissioned Officer or
Private man be thus guilty of cursing or swearing, he
fnall forfeit and pay for e^ch and every such offence, the
sum of One Shilling,
II Every Militia-Min, wlio, cn any of the days of
exercif-, shall refute to obey the lawful commands of his
Superior Officer, may be futpended from doing duty
on th it day; and upon convi&ion before a Court-Mar
tial, shall be fined, if a Commffijned Officer, in a sum
n t exceeding Three Pounds, and if a Non commiflioned
Officer or Private in any sum npt exceeding Twenty Shil
lings.
111. Any Officer or Private Man, who shall begin, ex
cite, cause, join in, or promote any mutiny or distur
bance in the battalion; troop or company 'to which he
belongs or in any other hattal.on, troop or company,
foil be fined or c^nfured according to the nature of the
offence, by a General or Regimental Court Martial.
IV. Any Officer or Private Man, who shall strike his
fdperior Offi.er, or draw, or effer to draw, or shall lilt
up any weapon, or offer any violence against him, t p ing
in the execution 0, bis office, fh.JI, upon a conviction
before a General or Regimental Court-Martial, be fined
in a sum not exceeding F,ve Pounds.
V. Any Commanding or other Officer, who shall ftrike*
any interior Officer or Private man, when on duty,
upon ronvirticu before a Gneral Court Marti I, (hail
be lined in any sum not less than Five Pounds, and not
ex eeding Ten Pounds.
VI. Any Officer or Private Min, who fluill make use
of in(blent, provoking, or indecent language white on
duty, (hdl fuffer such censure or fine as (hdl be infl rted
by a Generator Regimental Court Martial, according
to the nature of the ortence.
Vil. If any Officer or Private Min (half think himfelf
injured by his Coionel or the Commanding Offi er of the
battalion, and shall, upon due application made to film
be refufer) redress, he may complain to the Lieutenant
of the County, who shall furnmon a General Court-Mar
tial thrtjuftice may be done;
VIII. If any Inferior Officer or Private Man, shall
think himfelf 0 jured by his Captain, or other fupe ior
Officer in the battalion, troop or company to which he
belongs, he may complain to the Commanding Officer
of tire b„, align, who shall furnmon a Regimental Court-
Martial for the doing justice, according to the nature of
thecate.,,'
IX. Ary Officer or Private Man, found 4funk when
under arms, ihall be suspended from doing dray in the
battalion, company or troop on that day, and be fined
at the direction of a General or Regimental Court-
Martial.
X. Whatever Centind shall be found fl°epipg or dru^k
on his pest, or shall leave it before heis regularly relieved,
fir'll be fined at the diferetion cf a Court-Mart! 1.
XI. Whatever Commiffibned Officer fljall be concerted
before a General Court-Martial es behaving in a Icanda-
I:us or infamous manner, unbecoming the character of
an Officer and ? Gentleman, (hail be cafhiared or fined
atthe diferetion of a Cour -Martial.
XII. All disorders and negle&s which Officers or Pri
vate Men may be guilty of to the prejudice of the good
order and Military Discipline cf the Militia of this State,
are to be tak&; cognizance of by a General or Regimen
tal Court-Martial, according to the nature and degree
of the offence, and such Officers or Private Men shall be
fined or centered at the dilcretion of 3 Court-Martial.
XIII. Every General Court-Martial shall consist of
thirteen Member's, fix-cf whom shall be Commissioned
Officers under the rank of a Field Officer, and fix Court-
Martial Men, whe shall be drawn by lot out pf the whole
number of the battalion, and these twelve are to cLoofe
a P eiilent, who (had be a Field Officer.
XIV. Every Regimental Court-Martial shall he com
posed of seven Members, three Officers, three Court-
Martial Men, and a FrifideAt, who is to be a Captain,
and to bechefen 1), the fix.
XV. In all Courts Martial, not Jess than two-thirds of
the Members mutt agree in every sentence for iifl &ing
any punishment, or otherwise he shall be acquitted.
XVI. The President of each and every Court-Martial,
whether General or Regimental, shall require all witnes
ses, in order to the trial of offenders, to declare on oath
or affirmation, that the evidence they shall give is the
truth, the whole trurh, and nothing but the truth , and
the Members of all such Courts shall take an oath or
affirmation, which the President is required to administer
to the other Members, and the n^xt in rank is required
to administer to him, that they will give judgment with
impartiality-
XVII. All Members of the Militia called as witnesses
in any case before a Court-Martial, who shall refufe to
attend and give evidence, shall be cenfuied or fined at
the diferetien of the Court.
XVIII. No Officer or Private Man being charged with
tranfgrtfling the'e rules, shall be fuffered to do duty in
the battalion, company or troop to which he belongs,
until he has had his trial by a Court-Martial, and every
person so charged, shall be tried as soon as a Court-Mar
tial can be conveniently gffrmbled.
XIX. The Officers and Private Men of every company
of Artillery, or other company, troop or party, that is
or shall be annexed to any battalion, shall be fubjert to
the command of the Colonel or Commanding Officer of
laid battalion, and the Officers shall fit as Members of
Courts Martial, in the Same manner as the Officers of any
other Company.
XX No penalty shall he inflirtedat the diferetioh of a
Court-Martial, other than degrading, cashiering or fin
ing : The fines for the Officers not to exceed TenPuunds.
and the fines for a Non commissioned Officer or Private
Man not toexce d Five Pounds, for one fault.
XXI. No company or battalion Shall meet at a tavern
on any of the days of exercise ; nor <hali march to any
tavern before they are discharged.
XXII. The Mi itia on days of exercise may be detain
ed under arms, on duty :n the field, any time not exceed
ing fix hours, provided they ate not kept above three
hours under arms at any one time, without allowing
them a proper time to refresh themielves.
XXIII. Adjutants, Drummers and Fifers Shall receive
the following pay for every day ot Service they attend their
r-fpertive battalions or companies, by order of the Com
manding Officer,
An Adjutant Ten Shillings, a Drummer Three Shil
lings, a Fifer Three Shillings. The Dium-Majbr and
Fife-Major of every battalion, Shall receive each a sum
not exceeding Twenty Shillings per week, and be conti
nued in pay as long as the Colonels of the Several batta
lions shall think necessary ; and it is required, that such
Drum-Majors and Fife-Majors, when not in service on
days of exercise, Shall be diligently employed in inftrurt
ing a p oper number of perlons for Drummers and Fifers
ot the Several battalions.
XXIV. The Lieutenant of the County fcr the time be
ing, Shall have hill power of pardoning or mitigating any
centres or penalties ordered to be infl &ed for the breach
of any of these articles by any General Court-Martial,
and every eftender convi&ed as aforefaid by any Regi
mentai Court-Martial, may be pardoned, or have his
penalties mitigated by the Colonel or Commanding C ffi
, cer of the battalion, excepting only where such cenfurcs
pr penalties are directed as Satisfaction for injuries re
ceived by one Officer or Private Man from another.
XXV. Upon the determination of any point by a Regi
mental Court-Martial, if the Officer or Private Man
concerned on either fide, thicks himfelf still aggrieved,
he may appeal to a General Court-Martial, but it upon
a Second hearing, the appeal appears groundless and vex
atious, the perlon so appealing shall be ceniureu at the
difer-rion of the laid G n<ral Court.
XXVI. Upon the death, refignafrop, promotion, or
other removal of a Field Officer, or any other Officer or
Court Martial-m n from a battal ion, troop or compan,,
such vacancy is to be tilled by the person Such battalion,
troop or company Shall el th.
XXVIL No Officer or Private Man Shall he tried a Se
cond time for the fame offence, except in case of appeal.
XXVIII. All fines that (hail be cclled^d according to
this Act, by Uneaten of any Court Martial, and not
otherwise appropriated, Shall be paid into the hands cf
the Clerk of the company to which the otfenders.be/org,
who Shall account for the fame to the Captain, to be ap
plied to the purchasing powder and ball, to exercise the
men at p oper times at (hooting at marks, and for prizes
to the belt mirkimen.
The fines that Shall he incurred in confeqnence of the
breach of any cf the above regulations Shall be paid sis
incurred by a Field Officer) to the Clerk of that compa
ny, whole Captain has the fir& rank in the battalion, cr
(if incurred by any other Officer, Ot Private) to the Clerk:
of the company to which they respectively belong, with
in three weeks after they Income due; but in case of I^-
ka or refusal to pay any of the said hoes, then in fuco
cait upon application made by the Clerk to whom fucn
fine or fines ought to have been paid, it shall and way be
lawful for any one Justice of the Peace of the . County ff
tip fine d-es notixCeed Foe Pounds) or two Juftiuts (f
above Five Panned) by warrant uedrhis or their hands
and seals to levy fuh fine or fines relp< &iieh, ^ n the qf.
fenders goods and chattels, and otherwise proceed in
recovering the fame is is by law dirtied in ca<eof debts
nor exceeding Five Pounds; and when recovered, ite
laid Justice or Justices are inquired to pay Such fines mro
the hands ot th. Clerk who applied tor'the recovery. The
tines so recovered from the Field Offi :ers to be ddbofed
ot as the Officers cf the battalion (hill tiunk proper ; and
these recovered from the othei Officers and Privates to be
ddpoled of as is herein before di^aed.
JOH N BAYAR D, Speaker.
P^ffedin Ge,<rat dfl^mhly, March 17th, A. D. 1777.
John Morris, Jim. Clerk 01 the General Altembly.