AND BE IT FURTHER ENACTED by the Authority aforesaid, that if any officer of Militia, or any other Person whatsoever who by this Act, shall be obliged to bear arms, shall knowir gly or wilfulfully, in time of Rebellion, insurrection or invasion, offend in anything against this Act, or shall neglect or refuse to do, execute or perform, any Act, matter or thing, which by this Act is required, directed prescribed or enjoined by him or them to be done, executed or performed, for which no particular penalty, is hereby inflicted, that every Person so offending neglecting or refusing, as aforesaid, shall incur, forfeit and pay the several mulcts penalties and forfeitures, following, that is to say, if such Person so offending, refusing or neglecting as aforesaid, shall be a commissioned officer of the Militia, above the degree of a Captain, the several persons hereby impowered to hear & determine offences committed against this Act, shall and may and they are hereby authorized & empowered to inflict on such person a pecuniary mulct or fine not exceeding the sum of one hundred and Fifty pour ds, and in case the person offending, shall be a Captain, or any inferior commissioned officer under the degree of a Captain in the Militia, a pecuniary mulet or fine shall be inflicted as aforesaid, not exceeding the sum of one hundred pounds, and if any non-commissioned officer of the respective troops or Companies, or any private person that is obliged to bear arms as aforesaid, shall offend in anything against this Act, for which no particular penalty is inflicted, there shall be inflicted as aforesaid a Mulct or Fine not exceeding the sum of Fifty pounds, according to the nature of the offence but if any person so offe..ding shall have no goods to be levied on, and shall neglect or refuse to pay the mulct, or fine which shall be inflicted as aforesaid, for the space of ten days, he shall be committed, to the next common Goal, or other place of confinement, and there to remain for a space of time not exceeding one month. AND BE IT FURTHER ENACTED by the authority aforesaid, that all offences against this Act, shall be examined heard and tried, adjudged and determined, in manner following, that is to say all offences committed by any Field Officer shall be heard, tried and determined, by the Governor of this State, for the time being, and a Majority of the Council, and all offences committed by any Captain or inferior commissioned Officer shall be heard, tried and determined by a Court Martial to consist

of not less than seven Commissioned officers of the Battallion, to which such Captain or inferior Officer shall belong; and all offences committed by any non commissioned officer, or private person, who by this Act is obliged to bear Arms, shall be heard, tried & determined before the Majority of the commissioned Officers of the troop or Company, to which such person shall belong, at such time or times place or places as the said Officers shall think fit, to assemble and meet together and the said Commissioned Officers of the said troop or Company or a Majority of them, shall proceed against such offender or offenders so summoned in the most expeditious and summary way without observing formalities of law, only examining into the truth of the Case, by the examination of witnesses upon oath and such other Evidence as can speedily be had, and upon conviction of any offender the said Governor & Council or field Officers, or Commissioned Officers respectively, are fully authorized and empowered to levy the mulcts and penalties inflicted by warrant of distress and Sale of the offender's goods, returning the overplus if any there be, but in case the offenders shall refuse to produce Goods, then by warrant to commit the offenders to the next Common Goal, or other place of Confinement, and in case it shall so happen, that if any Person or Persons, against whose Body such Warrant shall be granted as aforesaid, shall be refractory and refuse to give obedience thereunto, the Marshals or Sergeants aforesaid or other person or persons, to whom such Warrant shall be directed, are hereby impowered and required to demand all necessary assistance to compel such offender to the common Goal or other place of Confinement and all the Charges and expence which shall attend the execution of the Warrant of Commitment aforesaid, shall be taxed and ascertained by any Justice of the Peace in this State, who is hereby required to do the same, without Fee or Reward, and such taxation shall be delivered to the keeper of the said Goal, together with the said Warrant, and such offender shall remain in prison for the space of one Month, until the said fine or Mulet, and the charges and expences so taxed, shall be fully paid and satisfied.

AND BE IT FURTHER ENACTED By the Authority aforesaid, that all fines and penalties whats ever except as hereafter excepted shall be applied in providing Drums Colours arms and other accoutrements for the use of the Battalion Troop or Company to which such Officer or private so fined respectively belongs.

AND BE IT FURTHER ENACTED by the authority aforesaid, that one half of all Fines incurred for non appearance at private and General Musters be given to the Sergeants of the respective Companies for their trouble in collecting the Fines which may be incurred. under and by virtue of this Act.

AND BE IT FURTHER ENACTED by the authority aforesaid, that the Militia of this State when ordered. out on scouting shall be entitled to the following pay for such time as they may be actual service vizt. Officers and privates the sum of one shilling and three pence per diem, for pay, and two shillings and three pence in lieu of rations, and proper pay Rolls shall be produced of the names of the Persons doing such duty, the date of their entrance and discharge and by whose orders the same was done, which shall be certified by the Commanding Officer of the department, and attested by the Officer commanding the Scout.

AND BE IT FURTHER ENACTED, by the Authority aforesaid, that nothing in this Act, shall extend to oblige the following Persons from doing common Militia duty-Viz the Members of the House of Assembly, Chief Justice, Attorney General, School Masters, Ministers of the Gospel, Collectors of the Customs, Printer, Auditor general, except in cases of Alarm and that the Persons herein after named, be exempt from all Militia duty, to-wit-the Governor and Executive Council, Physicians, Surgeons, Pilots, Ferrymen, Sheriffs, Treasurers, Lunaticks, Idiots and Madmen.

AND BE IT FURTHER ENACTED by the authority aforesaid, that in order that neither officer or men may plead Ignorance, it is further directed, that the Commanding Officer of each company shall cause this Act, to be read at the head of his Company at least three times in every Year & in case of neglect he shall be fined in a sum not exceeding twenty pounds.

AND BE IT FURTHER ENACTED by the authority aforesaid, that this Act shall continue and be of force, for and during the term of three years, and from thence to the end of the next session of Assembly, unless the same be altered, revised and amended by this or some future House of Assembly.

By order of the House

November 15th: 1778

37639-18- -19

N W JONES Speaker.

Preamble.

Governor to appoint Persons to

ACTS OF MARYLAND.

[Printed from "Laws of Maryland, made and passed at a Session of Assembly," etc., printed by Frederick Green, Annapolis.]

SESSION BEGINNING FEBRUARY 5, 1777.

CHAP. XIV.

An ACT for quartering Soldiers.

WHEREAS it is established by the Declaration of Rights, that no Soldier ought to be quartered in any House in Time of Peace, without the Consent of the Owner, and in Time of War in such Manner only as the Legislature shall direct; and whereas it is necessary, during the present War with Great-Britain, to provide proper and convenient Quarters in several Parts of this State, for the Troops of this and the United States, or any of them:

II. Be it enacted, by the General Assembly of Maryland, quarter Troops, That it shall and may be lawful for such Person or Persons, as the Governor of this State for the Time being shall appoint, to provide Quarters in any City, Town, or Place (on convenient Notice, by the commanding Officer of any Regiment, Detachment, Troop, or Company, in the Service of the United States, or any of them, of the Number and the Time such Officer shall require to be quartered in such City, Town, or Place) to hire fit and convenient Houses for the Reception of such Forces and their Baggage, and sick and wounded; and if sufficient Houses cannot be procured on Hire at a reasonable Price, it shall be lawful for such Person or Persons, appointed as aforesaid, to enter and quarter the Residue of the Officers, Soldiers, or Troopers, in any empty or unoccupied House or Houses, in such City, Town, or Place; and if sufficient Quarters cannot thus be obtained, it shall be lawful for such Person or Persons, appointed. as aforesaid, to quarter and billet the remaining Officers, Soldiers, or Troopers, in the Taverns or public Houses in such City, Town, or Place, in Proportion to their Number, and their Ability and Convenience; and in case further Quarters shall still be wanting, it shall be lawful for such Person or Persons, appointed as aforesaid, to enter, quarter, and billet, the remaining Officers, Soldiers, or Troopers, in the House or Houses of any Person or Persons, in such City, Town, or Place, who shall not have subscribed the Association at the Time of such billetting, or who shall hereafter be adjudged Enemies or disaffected

Persons by any legal Authority of this State, in Proportion to their Number, Ability, and Convenience; and if any Officers, Soldiers, or Troopers, should still remain unprovided for, it shall and may be lawful for such Person or Persons, appointed as aforesaid, to enter, quarter, and billet, such Officers, Soldiers, and Troopers, in the Houses of the other Inhabitants of such City, Town, or Place, in Proportion to their Number, Ability, and Convenience.

III. And be it enacted, That if any House shall be hired as aforesaid, the Person or Persons appointed as aforesaid, shall give a Certificate for the Rent to the Owner and his Assigns; and where any empty or unoccupied House shall be taken as aforesaid, a Certificate shall also be given to the Owner and his Assigns for the Sum due for the same, either to be ascertained by Agreement, or by the Valuation of some disinterested Person on Oath, and the said Certificates shall be paid by either of the Treasurers of this State, and if such Expence shall be incurred for Troops belonging to any other State, or to the United States, the same shall be charged to such State, or the United States, as the Case may be.

any

to

Certificates ers of Houses, &c.

be given to Own

may provide

And enquire into Damages comrented, &c.

IV. And be it enacted, That if the Governor shall not Any Justice appoint any Person in any City, Town or Place, as afore- Quarters, &c. said, or such Person shall refuse or neglect to comply with the Directions of this Act, it shall and may be lawful for any Justice of the Peace in or near thereto, if required by any Officer as aforesaid, to provide Quarters for his Troops in the same Manner as above is directed. V. And, To prevent as far as possible any Damage to any House and Premises rented or taken as aforesaid, VI. Be it enacted, That it shall be lawful for Justice of the Peace, if required by the Owner thereof, mitted in Houses to enter into such House, and if on Examination he shall find any Injury committed, he shall cause strict Enquiry to be made after the Person who committed the same, and shall direct the Damage to be valued by some disinterested Person on Oath, and if done by any noncommissioned Officer or Soldier, he shall give Notice of the Damage done, and (if discovered) the Name of the Offender to the commanding Officer in such City, Town or Place, and if done by or with the Permission or Connivance of any commissioned Officer, he shall give Notice thereof to the Commander in Chief, and to the Officer commanding in such City, Town or Place.