MAY 1778 -- 2nd of COMMONWEALTH

CHAP. III.

An act for raising a Battalion of Infantry for garrison duty and for other purposes.

FOR garrisoning the fortifications and batteries erected for the defence of the several ports and harbours within this commonwealth, Be it enacted by the General assembly, That a battalion of infantry, to consist of eight companies, and each company of sixty eight rank and file, shall be raised within this commonwealth by such persons as shall be appointed by the governour and council for that purpose; that each company shall have one drummer and fifer, and be commanded by a captain, two lieutenants, an ensign, and four serjeants, and the whole by a colonel, lieutenant colonel, and major; the commissioned officers shall be appointed by the governour and council, and the staff by the field officers. That the said battalion shall have the same bounty, pay, and rations, as are allowed in the continental service, to commence from the time of their rendezvous, shall continue in service three years from that time, unless sooner discharged, and shall be subject to the continental rules and articles of discipline and government, save only, that the powers of confirming the sentences of courts martial in capital cases, or of pardon in the came cases, shall be in the governour and council.

Every person authorised by the governour and council to enlist for the said battalion shall receive, for every man he shall so enlist, the sum of ten dollars; but it shall not be lawful for him to enlist any artificer employed by contract in writing for hire in the public manufactories of fire arms, or at any iron works, nor any indentured apprentice in such manufactory or work, nor any imported servant, without leave in writing from the manager of such manufactory or work, or owner of such servant.

The treasurer shall from time to time pay all monies necessary for the enlistment, bounty, pay, or subsistence of the said battalion, such monies for enlistment and bounty being drawn for by warrant from the governour and council, and previous to their payment entered in account against the person receiving the same in the auditors office, and the monies for pay and subsistence by warrant from the auditors to be entered in account in like manner. And the auditors shall from time to time call for settlements of the said accounts, for vouchers for the due expenditure of the monies received, and for repayment of all unexpended sums to the treasurer, and certificate thereof by him; and if any person falls, when called on, so to account, such proceedings shall be used against him as are prescribed by an act of general assembly passed in the year one thousand seven hundred and seventy seven, " For recovery of monies due to the publick."

If any person enlisted for the said battalion shall at any time be ordered to march out of the commonwealth, such order shall amount to a discharge. That all soldiers who shall enlist into the regiment of artillery now raising for the defence of this state shall be entitled to the same bounty and clothing as the troops now to be raised by this act are entitled to.   That the said regiment of artillery shall be officered in the same manner, and that the officers thereof shall receive the same pay and rations as is customary in artillery regiments in the service of the United States of America.

And for farther encouragement to those who shall enlist into the said service, or artillery, they shall be free from all draughts, except in case of an invasion of this commonwealth, or insurrection therein, from the time of their discharge, for so long a time as they shall have actually been in the said service.