fons, their executors or adminiftrators, for money, tobacco, or public fecurities, (as the cafe may be) had and received to the ufe of the commonwealth; which action fhall be inftituted in the name of the governor for the time being, and his fucceffors, for the ufe of the commonwealth, and shall not abate by the death, refignation, or removal from office of the governor, in whofe name it fhall be brought. II. WHERE fuch fuit fhall be brought against any public officer, fuch offi- No official bond to be cer shall not be permitted to plead any official bond, or any condition or cove- pleaded in abatement of nant therein, either in abatement or bar thereof. bar thereof. III. THIS act shall commence and be in force, from and after the paffing Commencement of this thereof. f. WE CHAP. CXLIV. An Act for appointing Public Notaries: [Paffed the 27th of December, 1792.] WHEREAS it will be for the eafe and convenience of the inhabitants Preamble, taries fhould be appointed: II. BE it therefore enacted, That the governor, with advice of council for Public notaries, how tɗ the time being, is hereby empowered and required to nominate and appoint fo be appointed. many notaries public as to him fhall feem neceffary; and upon the death, refignation, or removal of any fuch notaries public, to appoint others in his or their room; which faid notaries public fhall hold their refpective offices during good behaviour, and fhall ufe and exercife the faid office of notary public for fuch places, and within fuch limits and precincts as the governor and council fhall direct, to whofe proteftations, atteftations and other inftruments of pub lication due crédence is hereby given. Provided nevertheless, That every no- To give bond and fecutary public fhall previous to his executing the faid office, give bond to the go- rity, and take oaths of vernor for the time being, in the penalty of fifteen hundred dollars, condition- fidelity and of office, ed for the due discharge of his faid office; and fhall in the high court of chancery, the general court, or the county court of his precinct, take the oath of fidelity to this commonwealth, and alfo an oath that he will without favor of partiality, honeftly, diligently and faithfully discharge the duties of a notary public. III. AND be it further enacted, That every public notary fhall and may Their feet. demand and receive for recording in a book to be kept for that purpofe, each atteftation, proteftation, and all other inftruments of publication, the fum of eighty-three cents and no more. IV. THIS act fhall commence in force, from and after the paffing Commencement of this thereof. act. CHAP. CXLV. An Act to empower Securities to recover Damages in a Summary Way.† B [Paffed the 27th of December, 1792.] E it enacted, That in all cafes where judgment hath been, or fhall Summary remedy for hereafter be entered up in any of the courts of record within this com- fecurities in notes or obmonwealth, against any perfon or perfons as fecurity or fecurities, their heirs, ligations against their principals. executors, or adminiftrators, upon any note, bill, bond, or obligation, and the amount of fuch judgment, or any part thereof hath been paid or discharged by fuch fecurity or fecurities, his, her, or their heirs, executors or adminiftrators, it fhall and may be lawful for fuch fecurity or fecurities, his, her, or their executors or adminiftrators, to obtain judgment by motion against fuch principal obligor or obligors, his, her, or their heirs, executors or adminiftrators, for the full amount of what shall have been paid by the fecurity or fecurities, his, her, or their executors or administrators, in any court where fuch judgment may have been entered up against fuch fecurity or fecurities, his, her, or their heirs, executors or administrators. a AND be it further enacted, That where the principal obligor or obligors, have or hereafter shall become infolvent, and there have been, or fhall be + Amended chs. 174 and 175. (a) 1786, ch. 15. N n For one fecurity against another jointly bound with him. Securities not to fuffer judgments to go against them by confession or default the injury of the principals. Summaty remedy of common bail against the defendant, Commencement of this act. two or more fecurities jointly bound with the faid principal obligor or obligors in any bond, bill, note, or other obligation, for the payment of money or other thing, and judgment hath been or hereafter thall be obtained against one or more of fuch fecurities, it shall and may be lawful for the court before whom fuch judgment was or fhall be obtained, upon motion of the party or parties against whom judgment hath been entered up as fecurities aforefaid, to grant judgment and award execution against all and every of the obligors and their legal reprefentatives, for their and each of their respective fhares and proportions of the faid debt. III. AND be it further enacted, That no fecurity or fecurities, his, her, of their executors or adminiftrators, shall be fuffered to confefs judgment, or suffer judgment to go by default, fo as to diftrefs his, her, or their principal, or prin cipals, if fuch principal or principals will enter him, her, or themfelves, a defendant or defendants to the fuit, and tender to the faid fecurity or fecurities, his, her, or their executors or adminiftrators, other good and fufficient collateral fecurity, to be approved of by the court before whom the suit shall be depending. IV. AND be it further enacted, That in all cafes where judgment hath been, or fhall hereafter be entered up in any of the courts of record in this commonwealth, against any perfon as common bail for the appearance of another, to defend any fuit depending in fuch court, and the amount of fuch judgment or any part thereof hath been paid or difcharged by fuch common bail, his, her, or their heirs, executors, or adminiftrators, it fhall and may be lawful for fuch common bail, his, her, or their heirs, executors, or adininiftrators, to obtain judgment by motion against the perfon or perfons for whofe appearance they were bound, his, her, or their heirs, executors, or adminiftrators, for the full amount of what shall have been paid by the faid common bail, his, or her heirs, executors, or administrators, in any court where judgment may have been entered up against fuch common bail. Provided always, that no judgment fhall be obtained by motion as aforefaid, unless the party or parties against whom the fame is prayed, fhall have ten days previous notice thereof. V. THIS act fhall commence and be in force, from and after the paffing thereof. Preamble, Arrangement of the militia in brigades and divifions. CHAP. CXLVI. An Act for regulating the Militia of this Commonwealth.† 1. WH [Paffed the 22d of December, 1792.] THEREAS the Congress of the United States, did at their laft feffion, pafs an act, intituled "An act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States," and it is expedient for this legiflature to carry the fame into effect fo far as it refpects this ftate: II. BE it therefore enacted, That the counties of Accomack, Northampton, Princess Anne and Norfolk, fhall compofe one brigade; the counties of Nanfemond, Ifle of Wight, Southampton, Surry, Suffix and Prince George, one brigade; the counties of Elizabeth City, Warwick, York, James City, Charles City, NewKent, Henrico and Hanover, one brigade; the counties of Gloucester, Mathews, Middlesex, Effex, King William, King and Queen, Lancaster, Northumberland, Richmond and Weftmoreland, one brigade; and the faid brigades fhall compofe one divifion. That the counties of Loudoun and Fairfax fhall compofe one brigade; the counties of Fauquier, Prince William, Stafford and King George, one brigade; the counties of Culpeper, Orange, Spotfylvania and Caroline, one brigade; the counties of Louifa, Goochland, Fluvanna, Albemarle and Amberft, one brigade; and the faid brigades fhall compofe another divifion. The counties of Frederick and Berkeley shall compofe one brigade; the counties of Rockingham, Augufta and Shenandoah, one brigade; the counties of Wythe, Ruffell, Washington, Lee, Grayfon and Montgomery, one brigade; the counties of Botetourt, Rockbridge, Greenbrier, Bath and Kanawha, one brigade; the counties of Hampshire, Hardy, Pendleton, Randolph, Harrison, Monongalia and Ohio, one brigade; and the faid brigades fhall compofe another divifion. The counties of Henry, Patrick, Franklin, Campbell and Bedford, shall compofe one brigade: ↑ Amended cbs. 152 and 153. the counties of Pittfylvania, Halifax, Charlotte and Prince Edward, one brigade; the counties of Dinwiddie, Greenfville, Brunswick, Lunenburg and Mecklenburg, one brigade; the counties of Chesterfield, Amelia, Nottoway, Powhatan, Cumberland and Buckingham, one brigade; and the faid brigades fhall compose another divifion. III. AND be it further enacted, That the counties of Berkeley, Culpeper, In regiments and battag Loudoun and Frederick, fhall compofe two regiments and four battalions each; lions that the counties of Middlesex and Effex hall each compofe one battalion, which two battalions fhall compofe one regiment; that the counties of King and Queen and King William, fhall each compofe one battalion, which two battalions fhall compole one regiment; that the counties of Northumberland and Lancaster fhall each compofe one battalion, which two battalions fhall compofe one regiment; that the counties of Richmond and Weftmoreland fhall each compofe one battali on, which two battalions fhall compofe one regiment; that the counties of Powbatan and Cumberland fhall each compofe one battalion, which two battalions fhall compofe one regiment; that the counties of Harrison and Randolph shall each compofe one battalion, which two battalions fhall compofe one regiment; that the counties of Ruffell and Lee fhall each compose one battalion, which two battalions fhall compofe one regiment; and the counties of Charles City and New-Kent thall compofe each one battalion, which two battalions shall conftitute one regiment; the counties of Elizabeth City and Warwick one battalion, and the counties of York and James City one battalion; which two battalions fhal compofe one regiment; and each of the other counties in this commonwealth, and alfo the city of Richmond and borough of Norfolk, fhall compofe each one regiment and two battalions. IV. AND be it further enacted, That the General Affembly fhall by joint Officers, how to be ap ballot of both houfes, appoint an adjutant-general for the militia of this ftate, pointed. and alfo a major-general to each divifion, and a brigadier-general to each brigade; which major-generals and brigadiers fhall refide within the limits of their respective commands. Each major-general fhall appoint his own aidsde-camp, and each brigadier-general his own brigade infpector, who fhall also refide within the limits of their refpective divifions and brigades. V. AND be it enacted, That the courts of the feveral counties and corpo rations fhall from the field and other officers who at present hold commissions in the militia of the refpective counties and corporations, proceed to recommend to the Executive the officers neceffary to complete the regiments and battalions and companies purfuant to this act, by grades and feniority, and the perfons fo recommended, thall be commiffioned by the governor, agreeable to the conftitution of this ftate. VI. ALL perfons holding commiffions under the late militia laws of this ftate, and who shall not be recommended by their respective courts, fhall be confidered as fupernumerary officers, and may be recommended by the refpective county and corporation courts to fupply yacancies hereafter happening in the officers of the militia. Officers not tecoms mended by the county courts to become fupernumeraries. VII. AND whereas it will be productive of confiderable advantages to the difciplining the militia, to have frequent meetings of the commiffioned officers of the feveral regiments and battalions; Be it enacted, That the commiffioned Commissioned officers officers of the feveral regiments and battalions fhall meet twice in every year, to meet twice in every for the purpose of being trained and inftructed by the brigade infpector. The year to be trained. days and places of meeting to be fixed on by the commanding officer of the brigade to which the regiments and battalions belong. The officers thus affembled, shall each continue two days and no longer, for every time they shall be called out. Every officer failing to attend fuch meeting, on being fummoned (not having a reasonable excufe to be adjudged of by a court martial) fhall forfeit and pay five dollars, to be appropriated as the other fines are by this act directed. VIII. IT shall be the duty of the executive to number by ballot the feveral divifions, brigades, and regiments, and caufe the fame to be registered in the office of the adjutant-general; and every commiffion hereafter iffued by the executive, shall exprefs the number of the divifion, brigade, or regiment, respectively, to which the perfon to whom the fame is directed shall belong. Divifions, brigades, and regiments to be numbered and registered in the adjutant general's office. IX. AND be it further enacted, Thit the commanding officers of regi- Counties to be divided ments, battalions and companies, to be appointed and commiffioned by virtue into districts for form of this act, shall meet at their refpective courthouses on fome day in the month ing regiments, batta.i of March or April next, to be appointed by the commanding officers of regions, and companies. Companies to be divi ded into divifions. Perfons exempted from A company of grenadiers, light infantry, or titlemen, to be annex cu to each battalion, ments, then and there to divide their refpective counties into diftricts, for the purpofe of forming the regiments, battalions, and companies, by this act cftablished; which districts fo laid off, shall be defignated by certain lines and bounds to be eftablished by them, and recorded by the clerks of the courts-martial refpectively herein after to be appointed. X. AND be it further enacted, That it fhall be the duty of the commanding officer of each company fo inrolled, to proceed forthwith to divide his company into divifions by ballot from one to ten, for the purpofe of a regular rotine of duty when called into actual fervice, and fhall return a roster of each divifion and its number in rotation, within fifteen days, to the commanding officer of his battalion, who fhall forthwith tranfmit the fame to the commanding officer of the regiment, who fhall order the fame to be recorded by the clerk of the court-martial. The fame regulations fhall be obferved by every commanding officer of a company, battalion, and regiment, on the fubfequent inrollment of any perfon therein, unlefs fuch perfon fhall produce a certificate of his having been before draughted for the above purpofe, in which cafe he fhall be inrolled accordingly. XI. AND be it further enacted, That the members of the council of flate; judges of the fuperior courts; fpeakers and clerks of both houfes of the general affembly; the clerks of the fuperior and inferior courts; the attorney-general; the treasurer and his clerks; the auditor of public accounts and his clerks; clerks of the council of ftate; the register of the land-office and his clerks; all infpectors of tobacco; all profeffors and tutors, and ftudents at the college of William and Mary, and other public feminaries of learning; all minifters of the gofpel licenfed to preach according to the rules of their fect, who hall have previoufly taken before the court of their county an oath of fidelity to the commonwealth; keepers of the public, diftrict, and county jails, and of the public hofpital; millers; and all quakers and menonifts religiously fcrupulous of bearing arms, and having a certificate from their refpective focieties, according to the rules thereof, of their being members of fuch fociety, fhall be, and they are hereby exempted from the duties required by this act. XII. AND whereas it will be of great utility and advantage in eftablishing a well difciplined militia, to annex to each battalion a light company to be formed of young men from eighteen to twenty-five years of age, whofe activity and domeftic circumftances will admit of a frequency of training, not practicable or convenient for the militia in general, and returning to the main body on their arrival at the latter period, will be conftantly giving thereto a military pride and experience, from which the beft of confequences will refult: · XIII. ̈ ́ BE it enacted, That the governor with the advice of council, fhall iffue commiffions for a captain, lieutenant, and enlign to each battalion, out of the prefent commiffioned officers therein; and the faid companies fhall be diftinguished by the denomination of grenadiers, light-infantry, or riflemen, at the difcretion of the commanding officer of the battalion. Every perfon belonging to the faid light companies, fhall wear while on duty, fuch caps and uniforms as the executive shall direct, to be purchased by the commanding officer of the battalion, out of the monies arifing on delinquents. The captain thereof shall afier qualifying as is directed for other officers, proceed to enlift by voluntary enliftments in his company, a fufficient number of young men as before defcribed. And as the men of fuch light company fhall from time to time arrive at the age of twenty-five years, the captain fhall make report thereof to the commanding officer of the battalion, who fall order them to be enrolled in the company, whofe diftricts they may refpectively live in, and deficiencies fhall be fupplied by new enliftments, and the faid companies fhall in all refpects be fubject to the fame regulations and orders as the rest of the militia.* A company of cavalry, XIV. AND be it further enacted, That the governor with the advice of and a company of arti council, fhall, and he is hereby empowered to appoint and commiffion at their Jery, to be annexed to own difcretion, at least one captain and two lieutenants in each divifion, who pach divifion. are hereby authorifed and empowered to enlift by volnntary enliftment, and in fuch proportion to each officer refpectively fo appointed as the executive shall direct, a company, to be denominated the company tillery. In like manner commiffions fhall iffue for at least one captain, two lieutenants, and one cornet, who fhall alfo by voluntary enliftments, and in the fame proportions to their respective ranks, enlift a company to be denominated of ar * So much of this claufe as declares that the men fhall be from 18 to 25 years of age, repealed, ch. 152, Jec. 19. the company of cavalry. Provided, That the number of companies Provifo. of artillery and of cavalry, fhall not exceed one for each brigade. XV. AND be it further enacted, That each and every officer appointed and commiffioned by virtue of this aft, fhall previous to their entering on the execution of their respective offices, take the following oath : I in the do fwear that I will be faithful and true to the commonwealth Oaths of officers, of Virginia, of which I profefs myself to be a citizen, and that I will faithfully and juftly execute the office of a of the militia of Virginia, according to the best of my skill and judgment: So help me GOD." regiment 3 XVI. THE adjutant-general fhall have full power and authority to con- Adjutant-general may vene the brigade majors and infpectors at fuch times and places as the good of convene brigade majors the fervice may require, and he fhall think proper, and generally to establish and infpectors, fuch rules and regulations for conducting the business of his department as he may think expedient and neceffary. Any brigade major or infpector, failing to attend fuch meeting, when duly notified thereof, not having a reasonable excufe for fach failure, fhall forfeit and pay fifty dollars, to be appropriated as the other fines are directed by this act. XVII. THERE fhall be a private mufter of each company of grenadiers, Mufters of the compa, light infantry, riflemen, artillery and cavalry once in every two months, except nies. in the months of December, January, and February in every year, and every other company, formed by virtue of this act, once in three months, (except as before is herein excepted) to be appointed by the commanding officer thereof, at, or as near as may be to the centre of his company district. There shall be of the battalions; a muster of each battalion in the month of May, in every year, to be appointed by the commanding officers of the regiments to which fuch battalions refpec- Of the regiments; tively belong, at, or as near as may be to the centre of the battalion; and a mufter of each regiment in the month of October, in every year, to be appointed by the brigadier-general or commanding officer of the brigade, to which fuch regiment belongs, at, or as near as may be to the centre of the regimental district; which faid company, battalion, and regimental musters fhall conti nue one day each, and no longer. Of the times and places of the faid mufters, Notice of them, by the brigadier generals or commanding officers of brigades for the time being, whom, and how to be fhall caufe notice to be given to the commanding officers of regiments; the given, commanding officers of regiments fhall give notice of the regimental and battalion musters, to the commanding officers of battalions; the commanding officers of battalions fhall give notice of the regimental and battalion mufters, to the captains or commanding officers of the companies; and the captains or commanding officers of the companies fhall give notice of the regimental, battalion, and private mufters, to every perfon of their respective companies; and to that end the commanding officers of companies fhall have power to order fo many of their ferjeants as they fhall think fit, to give fuch notice, which may be done by perfonal fummons by the faid commanding officer, or ferjeant fo ordered, or by either of them, leaving notice in writing at the ufual place of abode of the perfon fo to be notified. The notice to be given by the commanding officers of brigades, regiments, and battalions, fhall be in writing delivered in perfon, or left at the ufual place of abode of each perfon to be notified, either by fuch commanding officers themfelves, or by fuch officer or officers of their refpective commands, as they may think fit to order. The faid notices shall be given by the commanding officers of the brigade, to the commanding officers of regiments, at leaft thirty days; by the commanding officers of regiments to the commanding officers of battalions, at least fifteen days; by the commanding officers of battalions to the commanding officers of companies, at least ten days; and by the commanding officers of companies to each perfon in their compantes, at least five days before fuch regimental, battalion, or private mufters, (as the cafe may be) thall be appointed to be had. Any officer ordered as aforefaid to give fuch notices, and failing therein, fhall for every offence forfeit and pay twenty dollars: And every ferjeant fo failing, fhall forfeit and pay three dollars for every fuch failure, to be recovered as other fines hereafter to be established. Every officer and foldier fhall appear at his refpective mufter-field on the day appointed, by eleven o'clock in the forenoon. At every mufter, each captain Rolls to be called, and or commanding officer of a company fhall call his roll, examine every perfon delinquencies noted. belonging thereto, and note down all delinquencies occurring therein, and make return thereof at the next regimental or battalion mutter, to the commanding officer of his battalion, including thofe which may occur on that day. And Penalties on officers, and ferjeants failing to give notices. |