Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1777-04-01 00:00:00, page 1

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PHILADELPHIA.
An ACT ts rg^utoe the M I LITTA of the
Common-Wealth ^Pennsylvania.
• (Concluded from our iafi,)
VD be it farther enacted by the authority afore said,
fh^r if any bateion or battalions, company or
companies, fhaUnegtea, or refufe, to eie<fttheir of
ficers as aforefaid, then, and in iuch case, it 1h ui and may
be lawful for the Lieutenant, with the advice and content
of two or more of the Sub-Lieutenants of inch County,
where fuco negb& or refusal ffiall be, to appoint fueb offi
cer, (6 neglected to be chofea, and certify the fune to the
Prefideut of the Council as aforefaid, which fliall he as
effectual, to all intents and purposes, as if the said officers
had been elected as firft before directed; and the said Lieu
tenant (hall, as foam as ma, be, acquaint the patties so
neglecting, or refuting, with the appointments so as
aforefaid made. Aad the laid federal and relative
officers elected or appointed as a orefaid, sh ill refpe&ve
1, serve as officers of Militia, for the (pace of three
years; at thread of which time, the Lieuenan- of the
City and Counties reflectively, in the manner herein
before dire&d, fhail cause a new election to be held in
the said City and Counties refpe&ively. But nothing
herein contained fhali te confrutd to render any cf the
former officer or officers incapable of being re-el &ed.
And he it further enabled b, the authority aforefaid, That
the rank or precedence of the officers of tne city of Phi
ladelphia, and of the several Counties in this Common-
Wealth, (half he determined as follows ; that is to lay,
Officers of the Citv of Philadelphia, theD drift of South
wark, the Townships of the Northern Liberties, Moya
m°nfm - 2nd Paffunk, to take rank or precedence of all
otha-r officers o' equal dignity in this State, and, next to
them, rue Officer*cf the County of Philadelphia ; and
to on according to the temerity of the Counties respec
tively.
And be itfarther enabled by the authority aforefaid, That
the Several Lieutenants aforesaid, (hall, within three days
alter the re(pe&ice eie&ons aforefaid, cause the several
companies of Militia in their reipeaive PrecinCts, to be
divided by lot into eight parts, to be called clalfo, as
Nearly equal as may be, and numbered from one to eight,
in numerical order: fared the said Captains shall cause
the names and firnames cf the persons in the refpe&ive
companies, ^ith the ctafs to which each belongeth, to be
returned to the said Lieutenants refpe&ively, at such
time as they (halt appoint, within fix days alter such di
vifiors are made.
Nad be it further enabled by the authority aforefaid, That
the whole of the Milina id enrolled as aioreiaid, ihdl be
fubjeft to be ex*rciled in companies under tifar relpt&ve
Officers, as olloweth ; tha r is to fay, On the two rdt
Mondays in the month of April, and the three firft
Mondays in the month cf May ; arid in battalion, on the
fourth Monday in May; and in companies, on the two
Jart Mondays in the month of Auguff, and the two hit
Mondays in the month of S^p:e4iber, and the third
Monday in the month of October; and in battalion, on
the loot th Monday in October. And on each of which
days, every Militia-man io enrolled, th>ll duly attend
with his arms and accoutrements in good order ; and a
Serjeant or Clerk of each company is required, at the end
of one hour after the time appointed lor the meeting of
the company or battalion, to call over the mutter-roll of
the company, noting thole who are absent : And on that
day, (hall make return in writing to the Captain or Com
minding Officer then present, of fu h absentees; and
all persons so absent at the time of calling over the roll,
or ffidl depart from the parade before duly difeharged,
mill be liable to the fines hereafter mentioned.
And be it farther enabled by the authority aforefaid, That
if any Commiflioned Officer shall neglect or re<uie to at
tend on any of the days appointed for exercise in compa
nies as aforefaid, (unless prevented by licknefs, or sane
other unavoidable accident) fach Commiflioned Officer
(11 ill forfeit and pay the sum of ten Shillings per day, and
any Non-commissioned Officer or Private and all enrolled
persons, so refuting or negleCling, (except as before ex
cepted) (hall forfeit and pay the firm of Five Shillings
per day : And if on a field-day, or meeting in battalion,
then, if a Field Offi :er, he dull forfeit and pay the sum
of Five Pounds per day, and a Commiffimed Officer, un
der that rank, the sum of Fifteen Shillings per day ; and
if a Non-commiffi med Officer or Private, and enrolled
person refuting to meet and extrcile, the fan of Seven
Shillings and Sixpence per day ( xcepring as before ex
cepted.) The names and firn^mes of all vhich persons,
so incurring-the said fines and penalties, (ex eot inch as
may have paid the fame into the hands of the Captain or
Commanding Officer of the company) ihdl be duly re
timed, by the Captain or Commanding 0 fi-er of each
comp«nv, under his hand, together with inch fines as
he has received, to the Colonels of the battalions relpe&-
ivety on each field-day; which said Colonel of Corn
manding Officers of battalions, (hall, on receipt of, Rich
fin's an'.returns, forthwith tranfinit the fame to the
Lieutenant of the County ; and the said Lieutenant
full, immediately after the said returns are refpe&ively
node so him, cause the fame to be relatively recover
ed, before one Justice of the Peace nearest the place
where the delinquents do refpe&vely reside, as debts
OR
GENERAL
VO L. VI.
D U NL A P's
TUESDAY, APRIL Ift, 1777.
under Forty Shillings are by law dire&ed to be recovered ;
and the said Lieutenant (Hall, twice in each year, trans
mit the said fines wnea coih&.d, into the hands o' the
County Treasurer, who (hall pay the fimeinto the hands
of th? State Treasurer for th-use of the State.
And be it further enabled by the authority aforefaid. That
the matter or indtreh of an, apprentice, and the father
or mother of ^ny minor, who (nall lelule or negled «°
attend as afo'efmd, being in the service of his fath # r or
mother, matter or mirtrefs, ihall be accountable for the
fine or fines id incurred by such minor or apprentice.
And be it further enabled by the authority <&refaid That
it mail and may be lawful for the Executive Council, in
case of invafim or rebellion within this State, or in caie
the afliftance of the Militia of this State (hall be req veiled
by Congref; to assist the Continental army in tho, or any
of the adj mining States, to call into a&ual feevice, such
part of the M?i : t a, by Clalles as aforefaid hs to them
(liall seem neeffry, the fi ft draft to be coinpond of the
Claft number one of each Company, and in case the firft
draft shall not be Sufficient for the exigency, then the
Class number two (hall be drawn, and so on, by Clafles,
from time to time as occasion miy requ re : And. :o the
end that each particular dyaft in iy be suitably officered,
the following order is hereby directed and enjoined,
That is to fay— l
For the First Draft.
The Captain of the firft company, the First Lieutenant
of the second company, trie Second Lieutenant of the
third company, ana the E..fign of the fourth company.
For the Second Draft.
The Captain of the second company, the First Lieu
tenant of the firft company, the Second Lieutenant of the
fourth company, aud the Entign of the third company.
For the Third Draft.
The Captain of thethird company, the First Lieste
nant of the fourth company, the Second Lieutenant of
the First company, and the Ensign ofthe fecund company.
For the Fourth D ait.
The Fourth Captain, the Fit# Lieutenant of the third
company, the Second Lieutenant ot the fecund company,
and the Ensign of the firft company.
Far the Fifth Draft.
The Fifth Captain, the First Lieutenant of the sixth
company, the Second Lieutenant of the feventn compa
ny, and the Eolign of the eighth company.
For the Sixth Draft.
The Sixth Captain, the First Lieutenant of the fifth
company, the Second Lieutenant of the eighth company,
and the Ensign of the f vench company.
For the Seventh Draft.
The Captain of the levonta company, the First Lieute
nant of the eighth company, the Second Lieutenant ot
the firth company, aad the Ensign ot tne sixth cornpan,.
For the Eighth Draft.
The Captain of the eighth company, the First Lieute
nant of tne seventh company, the Second Lieutenant of
the sixth company, and the Ensign of the filth company.
Nan-commffiond Officers to take their tour ot duty
with the Comm^lioned Officers.
And tne Field Officers of battalions in the City of
Philadelphia, and ih each County or the State, iliad be
divided in like manner, and each class so be considered
as detachments from different Corps, liable to serve two
months, and to be relieved by the ClafS next in numeri
cal order, the relief to arrive at lealt two days betore the
expiration of the term of the Class to be relieved. But
nothing herein contained, find prevent the Supreme
Executive Council from employing, or calling out one
half of any battalion, where it may be convenient, or
one half of any company, without refpe& to this 1 ule,
whenever the exigency is too ludden to allow the afTemb
ling the scattered Militia which cempofe the particular
Clatfes i and the Miiilia in a^aal service (hall receive the
fame pay and rations as Continental Troops, their pay
to commence two days before their marching, and re
ceive pay and rations at the rate of twenty miles per
day, till they return home.
Provided always, and be it farther enabled by the autho
rity aforefaid, 1 nat if after the regulation atorefaid, it
Ihouiclfo happen, that substitutes cannot be found, for
ail the enrolled Militia upon the said limited draughts,
then and in such case, each and every^of the persons who
cannot yield their personal service as aforefaid, nor find
substitutes, (hall pay such sum or funis of money, as
each of the substitutes included in the said drafts will
amount unto upon an average, within each refpe&ive
battalion. Provided also, that no Militia-Man having
personally, or by substitute served in the Militia, (hail
be obliged to serve again until by rotation it comes to
his turn.
Provided always, and be it further enabled by the autho
rity aforefaid, Tnat no Officer serving in the Militia,
when called out into actual lervice, mail fit in any Court-
Martial upon the trial of any Offi er or Soldier serving
in any of the Continental Forces: Nor (hall any Officer
serving in any of the Continental Forces or other Troops,
in any other of the United States, fit in any Court-Mar
tial upon the trial of any Officer or Private Man serving
in the Militia of this State.
Andbe it further enabled by the authority aforefaid, That
when any part or parts of the Militia shad be called into
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THE
ADVERTISER.
(o^^^
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a^ual service, everv perfen enrolled as aforefaid, who is
not an Officer, (hall have it in hia choice, either to serve
in person, or to fieri a Efficient person for a fubftitnte,
which said fttbfbtute (hah b^ approved of by the Lieute
nant, Sub-Lieutenant or by one of the Field Officers of
t ! e battalion to wbih he belongs; and it an Officer, be
shall find as a substitute an Officer cf equal rank to be
approved of by the Li^utenarit of the County ; But if
any ocrlon (hull neg! & or refufe to serve, or find such
<.fficieut tuidbtute in his place, within three days after
notice given to him, the •> ^tenant or Sub-Lieutenant
of the County neartft to ^ :i ce such ddinquentyefides,
(hall, and he is hereby require I to provide, hire, or pro
cure on as reafonahle terms as may be, a fuhftitute tor
such person do refusing, or neglecting, and to < hargefach
sum o! famt, together with reasonable expen,ces for pro
curing the fimt, to such delinquent, to be recovered by
d^ftrefs and lale cf his goods and chattels, lands and
tenements, by warrant under the hands and seals of any
two Justices of the Peace of the County wh re such per
(bn rrfides ; and if Hr hddinqunt be unmarried then
the said money to be recovered againf him in the fame
manner as is directed b, the law. ot this State in cases
of debts under five pounds.
Prezi^d always, Tkat if any person or persons shall
think him, her or th?rn!elves aggrieved in the f^zure of
his, her or their lands and tenements, he, (he or they
may enter an appeal before the Joftices to the next Court
of Common Plea* for the County, and on the parties
giving fofficient fecurity*within fix days next after any
lands and tenements fhl!i be frized 01 diftrained as 'a fore
faid, to prosecute fuc^aupeJ with effect, the Juftrces
(ball receive the fame and stay further process: And the
said Justices fiiall return every such appeal on the firfl day
of the next term, and the Court (ball hrr& a trial by a
Jury of the Country, as in other cues of dent, whole ver-,
di& (h ill b* final and conclusive ; and except in extraor
dinary cases, of which the Court fhail be judge, all such
appeals fhali be tried at the term to which such returns
(ball be made; any law, custom or usage to the contrary
notwithttanding.
And be it further enafed h$ the authot\ty cfor'efcid, That
arms and accoutre,ntn:s !uHicn;ntfor t^o Clattes in each
company (ball be provided, at the expence of the State,
as soon as convenient, by the Lieutenant of the city of
Philadelphia, and of the several Counties cf this State ;
apd fbali be in the carr, and under the dir-aion of the
said Lieutenants, reflectively, and marked with the
name of the County, and the number of the Battalion,
to which they belong.
And be it further enabled by the authority aforefaid, That
if any-person or persons ihail fell, or knowingly buy,
take in exchange, conceal, or otherwise receive, contra
ry to the true intent and meaning of this A&, any arms
or accoutrements belonging to this State, on any account
or pretence iwhatfoever, the person so offending, being
convicted thereof before one or more Jultice or Judices
of the P.ace ot the City or County whe,e such uff'nce
(hail be committed, sh dl forfeit and pay for every such
offence treble the value of such arms or accoutrements,
to he ascertained by the said Justice or Justices, and levi
ed by did efs and sale of the offenders goods and chattels,
by the Jultce or Judices before whom such offender fhali
be confided, returning the overplus, (if any) on de
mand, to such offender, and for want of foci distress,
(hall commit such offender to the common gaol of the
County, there to remain without bail or main-prize for
any term not exceeding three months, unless such money
is sooner paid.
And be it further enabled by the authority aforefaid. That
the Commiffijned Officers of each company (hall appoint
four Serjeants, four Corporals, one Drummer and one
Fifer, for their relpe&iye companies. And all persons
who have heretofore bee^ Officers in the Militia under
the late Association, if not re-ele&ed, fhali deliver up
their arms, accoutrements, drums, fi es and colours, if
paid for by the Public, to the Lieutenant of the County
aforefaid, or unto the nearest Sub-Lieutenant; and the
Lieutenant of the City of Philadelphia, and the Lieute
nants of the federal Counties refpe&tvelv, are hereby
authorifed to draw on the State Treasury for the purchase
of such drums, fi es and colours as may afterwards be
wanting to supply the companies in the City and Counties
refoeaively.
Andbe it farther enabled by the authority aforefaid. That
the Field Officers of each battalion in this State, fhali
constitute and appoint to their refpe&ive battalion, one
Quarter Matter, one Adjutant, one Serjeant-Major, and
une Duin and Fife-Major, which Serjeant Major, and
Drum and Fife-Major, mail be perlons experienced in the
duties of their refpedtive offices.
And be it further enabled by the authority aforefaid, That
no Militia Man (hall leave the company to which he be
longs, or join any other, under the penalty of Three
Pounds, to be recovered before a Justice of the Peace of
the County, unless in case of removing to some other
Diftria within this or any other State, and in such case
he (hall apply to the Commander of such company, who
(hall give him a certificate of his being diftharged, and
if the said Militia Man had been in actual service, (hall
also certify the tune thereof, and how long he h d con
linued therein. (See Fourth Page.)
N U M B. 2 8f.