October 1705-- 4th ANNE:

CHAP. XXXI.

An act for security and defence of the country in times of danger.

FOR the better security and defence of this country in times of danger.

Be it enacted, by the governor, council and burgesses of this present general assembly, and it is hereby enacted, by the authority of the same, That upon any invasion of the enemy by sea or land, or upon any insurrection, the governor or commander in chief of this colony and dominion, for the time being, have full power to levy, raise, arm and muster such a number of forces out of the militia of this colony as shall be thought requisite and needfull for repelling the invasion or suppressing the insurrection, and the same being raised, to order, direct, march, employ, continue, discharge and disband, as the occasion shall require, or the cause of danger ceases for which they were raised.

And be it further enacted, That upon raising or continuance of forces as aforesaid, it shall and may be lawfull by warrant under the hand and seal of any commander in chief, colonel, lieutenant colonel or major, commanding any part of the same, to impress and take up necessary provisions off and from any person or persons, and to impress and take up sloops and boats necessary for the transportation of forces over rivers and creeks, or the main bay of Chesapeak, together with the rigging, tackell, furniture and apparell, belonging thereunto, and also all manner of conveniencys for the land carriage of provisions, great guns, arms and ammunition, from place to place, and likewise to impress and take up any manner of utensils, tools or instruments which shall or may be wanted for digging and intrenching, or towards the mounting the great guns and making them usefull.

And further, That it shall and may be lawfull by warrant as aforesaid, to impress able and fit men to go in sloops and boats, and also to impress any smith, wheel-right, carpenter or other artificer whatsoever, which shall be thought usefull for the fixing of arms and making of carriages for great guns, or for doing any other work whatsoever, where need shall be of such artificer.

Provided always, and be it enacted, That it shall not be lawfull to make use of any provisions, conveniencys for land carriage, utensills, tools or instruments, impressed and taken up as aforesaid, untill appraisment hath been made thereof in tobacco by two good and lawfull men upon oath, nor of any boat or sloop untill appraisment hath been made of the same as aforesaid, with the severall appurtenances belonging thereunto and also an estimate made by the same men, of a suitable allowance in tobacco by the day for the use of the said boat or sloop and every person impressing and taking up any of the particulars aforesaid, is hereby required to take care that an appraisment and estimate be made as aforesaid, and to give a receipt to the owner for every perticular by him impressed and taken up, with an account therein how the same was appraised and how estimated, and for what use and service imprest and taken up, upon pain of being lyable to the action of the party grieved, for an unlawfull seizure.

And because it may be an advantage to discover the enemy in his approach and there may be a necessity of taking up arms before notice can be given of an alarm to the governor and his commands or orders thereupon had how to act,

Be it therefore enacted, That in each of the countys of Elizabeth City, Princess Anne and Northampton, at such times and places as the governor or commander in chief of this colony and dominion shall think fit to direct one man be appointed by the chief officer of the militia residing within the respective countys, which men shall keep a constant look out to seaward by night and by day, and if any of the said men shall happen to espy any ship or vessell upon the sea, he shall diligently observe the courses and motions of the said ship or vessell, and if upon such observation he shall suspect that the aid ship or vessell doth belong to an enemy he shall imediately give notice thereof to the next field officer in his county.

And be it further enacted, That when any notice shall be given to the chief militia officer within any ffrontier county either by sea or land of the approach of an enemy, such chief officer is hereby authorised, impowered and required, immediately to issue his warrant for the impressing of horses, boats and men, as the occasion shall require, to carry an account of the said intelligence to the governor or commander in chief of this colony and dominion for the time being to the commander in chief of the militia in the said county, and to the chief militia officer residing in the next adjacent ffrontier county, and how he designs to proceed thereon.

And be it further enacted, That any chief militia officer to whom notice of the approach of an enemy shall be given as aforesaid, shall thereupon have full power to levy and raise all or any part of the militia under his command, and with the advice of the commission officers that meet him to march the same against and engage the enemy untill notice of the alarm can be sent to the governor and orders and directions come from him how to act.

And be it further enacted, That the officers and soldiers which shall be raised and the look-outs which shall be appointed by virtue of this act, shall be paid and allowed by the publick after the following rates, to wit:

A colonel and commander in chief, seventy pounds of tobacco per day.
A colonel of horse, sixty pounds of tobacco per day.
A lieutenant-colonel of horse, fifty pounds of tobacco per day.
A major of horse, fifty pounds of tobacco per day.
A captain of horse or dragoons, thirty-five pounds of tobacco per day.
A lieutenant of horse or dragoons, thirty pounds of tobacco per day.
A cornet of horse or dragoons, twenty-five pounds of tobacco per day.
A horseman or dragoon, twenty pounds of tobacco per day.
A colonel of foot, fifty pounds of tobacco per day.
A lieutenant-colonel of foot, forty pounds of tobacco per day.
A major of foot, forty pounds of tobacco per day.
A captain of foot, thirty pounds of tobacco per day.
A lieutenant of foot, twenty-five pounds of tobacco per day.
An ensign of foot, twenty pounds of tobacco per day.
A foot soldier, fifteen pounds of tobacco per day.
A look-out, after the rate of two hundred pounds of tobacco per month.

Provided always, and it is the true intent and meaning of this act, That for the pay and allowance given by this act as aforesaid, every horsemen and dragoon shall find and provide himself with an horse and horse furniture, arms and ammunition, and every foot soldiers arms and ammunition.

Provided also, That whensoever any part of the militia raised by virtue of this act shall be discharged again within four days, no pay or allowance shall be given for the same, but every man shall bear his own charge, and that when any part of the militia raised as aforesaid, shall be kept in service above four days, the same shall be paid and allowed for the whole time of service according to the rates directed by this act, any thing in this act before contained to the contrary thereof in any wise notwithstanding.

And be it further enacted, That every smith, wheelright, carpenter or other artificer imprest by virtue of this act and employed about fixing of arms, making of carriages for great guns, or other work requiring an artificer, shall be paid and allowed by the public after the rates following, to witt: every smith fifty pounds to tobacco per day, and every carpenter, wheel-right or other artificer impressed as aforesaid, forty pounds of tobacco per day, and that every man imprest as aforesaid to go in a sloop or boat, shall be paid and allowed by the publick fifteen pounds of tobacco per day.

Provided always, and it is the true intent and meaning of this act, That for any message sent according to the directions of this act, either by land or water, allowance shall be made for carrying the same as the law directs for other expresses, and not otherways, any thing in this act to the contrary notwithstanding.

And be it further enacted, That the owner or owners of any provisions, conveniencys for land carriage, utensills, tool or instruments, impressed and taken up by virtue of this act, shall be paid and sattisfyed for the same by the publick according to the respective value thereof by the appraisment, made in pursuance of this act.

And be it further enacted, That the owner or owners of any boat or sloop, imprest, taken up, and employed by virtue and according to the directions of this act, shall be allowed and paid by the publick for the sue of the same according to the estimate made in pursuance of this act, and in case such sloop or boat be cast away or lost in the service, then the owner or owners thereof shall be paid for the same according to the appraisement made in pursuance of this act, and half the pay for the use.

And be it further enacted, That if any boat or sloop, imprest, taken up and imployed by virtue and according to the directions of this act, be damnifyed in the service, then sattisfaction shall be made to the owner or owners thereof, according to the damage received, beside the pay for the use.

Provided always, and it is hereby meant and intended, That all such damage shall be inquired and found by two indifferent persons upon oath, to be chosen and appointed by any justice of the peace within the county where the sloop or boat so damnifyed shall happen to be.

And be it further enacted, That this act continue in force till the thirtyeth day of June, which shall be in the year of our Lord, one thousand seven hundred and eight, and no longer.

And be it further enacted, That all and every other act and acts, and every clause and article thereof, heretofore made, for so much thereof as relates to any matter or thing whatsoever, within the purview of this act, is, and are hereby repealed and made void to all intents and purposes, as if the same had never been made.