MARCH 1756 – 29th GEORGE II.

CHAP. XIII.

An Act for granting protection to certain persons, and for other purposes therein mentioned

I. WHEREAS it is absolutely necessary that the colony, at this time of extreme danger, should be vigorously defended by its inhabitants, and some truly noble spirits having associated themselves, by leave of his honor the governor, in order to curb the insolence, resent the barbarities, and oppose the violent progress of the enemy, and it being very consistent with the wisdom of a well governed state, that every obstacle should be removed that might either affect or impede such a laudable design: Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General assembly, and it is hereby enacted by the authority of the same, That all and every person, and persons, who shall actually go into the service and defence of the country, by virtue of the association before mentioned, or any other of the like nature, or in any other manner enter voluntarily into such service and defence, shall in their persons and estates be protected and exempted from all process and distresses of what nature or kind soever (except for treason, felony, or breach of the peace) during the time they shall be employed in the said service, and shall also be exempted from being drafted in the militia by virtue of an act passed this session of Assembly, for and during the time aforesaid, and the county-lieutenant or chief commanding officer, and all other officers of the militia of any county who shall actually go into the service and defence of their country, by virtue, of the association aforesaid, or any other of the like nature, shall be, and are hereby declared to be, exempt from all the penalties and forfeitures, by the said last mentioned act inflicted on them respectively, for failing to perform the duties thereby severally required of them in drafting the militia of their respective counties during the time they shall be employed in the said service, but the other officers of the militia who shall not enter into such association, and go into the service of their country, as aforesaid, shall nevertheless, in the absence of their respective county-lieutenants or other chief commanding officers, who shall enter into the service of their country in the manner aforesaid, proceed to the holding councils of war and drafting the militia of their respective counties according to the directions of the said act.

II. And whereas by several acts passed this present session of Assembly, John Robinson, esquire, treasurer of this colony, or the treasurer for the time being, appointed by or pursuant to an act of Assembly, is impowered to issue or emit treasury notes for the purposes mentioned in the said several acts, which notes are directed to be signed by the said treasurer, and Peyton Randolph, esquire and Robert Carter Nicholas, gentleman, but no provision is made in either at the said acts for the signing such notes in case of the death or absence of the said signers, which, should it happen, might prevent the emitting such treasury notes and frustrate the design of the said acts: Be it therefore enacted, by the authority aforesaid, That in case of the death or absence of one of them, the said Peyton Randolph, or Robert Carter Nicholas, before all the said treasury notes shall be signed according to the directions of the said acts, in that case it shall and may be lawful for the said treasurer to appoint some other person to sign such notes, in the room of him so dead or absent, and in case of the death or absence of both the said signers, then the said notes shall be signed by the said treasurer, and also by John Randolph, esquire, and James Power, gentleman, and in either case such signing shall be as effectual to all intents and purposes as if such treasury notes were signed according to the directions of the said acts, any thing there-in contained to the contrary notwithstanding.

III. And to the end that the credit of such notes shall not by such alteration in the name of the signer of such notes be affected; Be it also enacted, by the authority aforesaid, That public notice of such alteration shall be given by the treasurer in the Virginia Gazette, for and during the term of three weeks after such alteration shall take place.