Fines for delinquencies.

And be it farther ordained, That every officer of mi nute-men who shall absent himself either from battalion duty or the private musters, in their counties, without sufficient excuse, to be judged of and allowed by a court-martial, shall be subject to the following fines, to wit: The colonel, for every day's absence from batta lion duty thirty shillings; the lieutenant-colonel, twenty five shillings; the major, twenty shillings; a captain, twelve shillings; a lieutenant, eight shillings; and ensign, six shillings; a serjeant, five shillings; a corporal, drummer, and fifer, four shillings; and each private minute-man three shillings; an adjutant, twenty shillings; a quarter-master, twelve shillings; and a serjeantmajor, six shillings. And for non-attendance at private musters, without a sufficient excuse, to be allowed as aforesaid, the officers and minute-men shall, for every day's absence, be subject to the following fines, to wit: a captain, twelve shillings; a lieutenant, eight shillings; and ensign, six shillings; a serjeant, five shillings; a corporal, drummer, and fifer, four shillings; and each Fines impos- private minute-man, three shillings. The several fines ed by court above-mentioned to be imposed by a court-martial, to

martial.

Leave of ab sence.

Minute men, how long to

serve.

consist of the field officers and captains of the district, or any seven of them, whereof a field officer shall be one, and deducted out of the pay of the delinquent, if so much shall be due to him; if not, to be levied on his estate, in manner as directed for fines imposed on the militia. And if any officer or soldier, during the time of his attendance on training duty, in battalion or companies, as herein directed, shall refuse to obey the commands of his superiour officer, or behave himself mutinously or refractorily, or shall in any other manner transgress the rules of good order and decency, every such offender shall or may be confined, for any time not exceeding twenty four hours, or fined, in any sum not exceeding one month's pay, as shall be determined by the judgment of a court-martial, to be held as aforesaid; the fines to be deducted, or levied, as before directed.

Provided always, That the commanding officer or captain of any company may, when occasion shall require, give leave of absence to any inferiour officer or minute-man; but they shall not be entitled to pay during such absence.

And as well for the ease of the minute-men, as that they may be returned in regular rotation to the bodies

rotation.

of their respective militias, Be it farther ordained, That To be dis after serving twelve months sixteen minute-men shall charged in be discharged from each company by the commanding officer or captain of the company, and the like number at the end of every year, beginning with those who stand first on the roll, and who were first enlisted; and if those who stand first should choose to continue in the service, taking the next in succession desirous of being discharged, and so from time to time proceeding in regular progression.

Provided, That the officer shall not have it in his option to discharge a less number than sixteen in every year, whose palces shall be supplied by new enlistments, to be taken in the manner first directed.

nute-men.

And for the more regular pay of the battalions, Be Pay of mi it farther ordained, That one paymaster shall be appointed by the committee of safety for each of the sixteen districts; and the pay of the officers and soldiers, when on duty in their counties, or in battalion, or when drawn out into actual service, shall be as followeth, to wit: To a colonel, fifteen shillings per day; a lieutenant-colonel, twelve shilling and sixpence; a major, ten shillings; a captain, six shillings; a lieutenant, four shillings; an ensign, three shillings; a serjeant, two shillings; corporal, drummer, and fifer, each one shilling and eightpence; and a private man, one shilling and four pence per day; a chaplain, ten shillings per day; a surgeon, when the battalion is in training duty, or actual service, ten shillings per day; a surgeon's mate, five shillings; an adjutant, holding no other office, six shillings; if in other office, three shillings; a quarter-master to be appointed, and allowed the same as an adjutant; a commissary of musters to each battalion, appointed by the committee of deputies, ten shillings per day, for each day of his attending the battalion, or separate companies; and to a serjeant-major, to be chosen by the commandingofficer out of the most expert serjeants, two shillings and sixpence per day.

When to

And be it farther ordained, That the pay of the se veral officers and minute-men in each district shall com- commence. mence from the completion of their respective battalions, and their meeting at the general rendezvous to be appointed as aforesaid.

And be it farther ordained, That the exercise to be performed throughout the several battalions and com→

Exercise of 1764 adopt

ed.

panies shall be that recommended by his majesty in the year 1764.

Adjutant- And be it farther ordained, That there shall be apgeneral, his pointed by the general convention one adjutant-geneappointment and duty. ral to the regular forces, who shall rank as youngest lieutenant-colonel; whose business it moreover shall be, once in twelve months, to visit the several particular districts arranged as aforesaid in the two general southern and northern districts, to superintend the conduct of the different adjutants, and see that they do their duty in their several departments, and also to take particular care that there is a due conformity in their exercise and evolutions, so that when the different battalions join in brigades there may be no mistake nor confusion: Of all which the adjutant general shall, once in every year, make a full report to this convention, and for his trouble and expenses in travelling he shall be allowed twelve shillings and sixpence per day.

Volunteers disbanded.

Proviso

made.

And be it farther ordained, That the several volunteer companies, raised in pursuance of the resolutions of a former convention, shall be disbanded, as soon as the battalions in the several districts where the said volunteer companies respectively reside are fully and completely embodied.

Provided, That any officer or volunteer of the said companies may be, if approved, appointed to any office in the companies or battalion of minute-men, or enlist as private minute-men in such companies.

Impress- And be it farther ordained, That the commandingments, how officer of the regulars, or any battalion, where occasion requires, shall grant one or more warrants for impressing any carts, waggons, horses, boats, or other necessaries which may be requisite, from time to time, for publick service; and the person receiving such warrant shall cause every article so impressed to be fairly appraised by two different freeholders, who are most convenient to the place of impressment, to be chosen by him and the owner of such article, his steward, or overseer; and in case the two appraisers so chosen should disagree, they shall choose an umpire; which appraisers and umpire shall first take an oath, to be administered by the officer ordering such impress, or any justice of peace in the county, that they will make a true and just appraisement; and the valuation or hire of such article or articles so impressed shall be paid by the publick, as justice may require. And moreover, the commanding

officer of the regulars, or battalions, shall have power to issue his warrant for impressing any artificers that may be judged necessary for the public service; and if their wages cannot be agreed on, the same shall be settled in the manner last mentioned.

And whereas the counties of Accomack and North Accomack ampton, from their particular situation, are exposed to and Northmany dangers, Be it farther ordained, That the com- ampton may kcep two mittee of deputies, if they judge it necessary, may keep companies. two of the companies to be raised in their district in constant training, at the expense of the publick, in the same manner as directed for the regulars.

Regulars

to act in con.

And be it further ordained, That the field-officers and captains of the regular forces, in case of any invasion and minute. or insurrection in any quarter where they may be sta- men when tioned, shall immediately give notice to the captains or cert their superiour officers of the minute-men residing in the next adjacent county, who shall, with all expedition, march the men ander their command to the place of danger; and such officers not being the first in command in the district shall immediately give notice to the commander in chief of the districts, that they may judge what is farther necessary to be done. And moreover, the field-officers and captains of the regiments, at the time of their summoning in the minute-men, shall immediately give notice thereof to the president of the committee of safety, who is hereby required, without loss of time, to summon the said committee, that they may give such farther necessary orders and instructions as the exigency of affairs may require.

And be it farther ordained, That every officer of the Duty of off. minute-men receiving notice from any other officer of cers of mithe minute-men, in any other county than that wherein nute men; the regular forces are stationed, of any invasion or insurrection, shall forthwith raise the men under his command, and send intelligence to the commanding-officer of the minute-men of that county, and also the commanding-officer of the militia, or, being himself commanding-officer of the minute-men of that county, shall immediately raise the men under his command, and proceed to oppose the enemy, taking care to despatch intelligence to the commanding-officer of the district, and also to the officer of the minute-men in the next adjacent county, who is to proceed in the same manner as the officer first receiving such intelligence is directed to do. But the several officers of the minute-men thus to VOL. IX.

D

militia.

be raised shall be subject to such farther directions and instructions as shall be given them either by the committee of safety, or a council of field-officers and capand of the tains, to be held for that purpose. And the commanding-officer of the militia receiving such intelligence shall immediately summon a council of his field-officers and captains, to consider and determine whether it is necessary to march his militia, or what part thereof, to the place of danger, and act according to their decision; giving immediate notice, if the importance of the case, in the opinion of the said council of war, shall require it, to the general committee of safety, whose orders and directions the said commanding-officer and his militia are hereby directed to obey.

Rank of offi- And for settling the

cers, when united in service.

Proviso.

cies.

proper rank amongst the officers, as well of the regulars, as of the minute-men and militia, whenever they are joined in actual service, Be it further ordained, That in such case the several officers of the regulars shall take rank of the minute-men of the same rank, and the officers of the minute-men shall take rank of the officers of the militia of the same rank; but the minute-men shall not be under the command of the militia officers, nor the militia under the command of the minute officers, unless drawn out upon duty to gether.

Provided, That when the county-lieutenant is called out with his militia, in junction with the regulars or minute-men, he shall rank as a colonel; and the colonels, if their county-lieutenants be present, shall rank as lieutenant-colonels only; and the lieutenant-colonels as majors, in case of the presence of their county-lieutenant and colonel.

Fines, for And be it farther ordained, That every officer or midelinquen litia man, and every officer and minute-man, who shall refuse, or unreasonably delay, conforming to the above directions, in every particular, shall, for every refusal or delay, forfeit and pay the several sums following, to wit: Every lieutenant of a county the sum of two hundred pounds, every colonel two hundred pounds, every lieutenant-colonel (either of the minute-men or militia) the sum of two hundred pounds, every major of the minute-men or militia the sum of one hundred pounds, every captain the sum of seventy five pounds, every lieutenant the sum of fifty pounds, every ensign the sum of ten pounds, every serjeant and corporal the sum of five pounds; and every soldier or minute-man failing to