chap. 0006 an act for the more easy levying and regulating soldiers.
Be it enacted by the Lieutenant-Governour, Council and Representatives in General Court assembled, and by the authority of the same,
[Sect. 1.] That when and so often as there shall be occasion for raising soldiers for the preservation and defence of his majesty's subjects and estates within this province, and the encountering, repelling and subduing airy that shall attempt, in hostile manner, to enterprize the destruction, invasion, detriment or annoyance of this his majesty's province, or any of his subjects therein, so often as the chief officer of any regiment of militia within this province shall receive orders from the captain-general or commander-in-chief, for the time being, of the said province, for the detaching or impressing, or causing to be detach'd and impressed for his majesty's service, out of the regiment under his command, so many soldiers as in such orders shall be mentioned, such chief officer of the regiment shall, forthwith, thereupon issue forth a warrant to the captains or chief officers of the companies or troops within his regiment, or such of them as he shall think fit, requiring them, respectively, to detach and impress out of the militia in the companies or troops under their command, so many able soldiers, furnished and provided as the law directs, as, in the whole, shall make up the number which, by the orders of the captain-general or commander-in-chief, he shall be directed to detach and impress ; on pain that every
Penalties for neglect of duty in impressing soldiers.
All persons to assist in impressing soldiers, on penalty.
Penalty for taking a reward for dismissing or sparing from the impress.
Persons impressed to attend tlie service upon i^en. alty.
Disposition of the tines.
Account of the fines to be returned to the colonel.
Payment of the fine to be ae-eounted as service.
chief officer of a regiment that shall neglect or not do his utmost to send forth the said warrant, seasonably, (having orders for the same as abovementioned), shall forfeit and pay a fine of twenty pounds.
[Sect. 2.] And every captain or chief officer of any company or troop, who shall receive any warrant from the chief officer of the regiment whereto such company or troop belongs, for the impressing out of the same any soldier or soldiers for his majesty's service, shall thereupon use his utmost endeavours to detach or impress, or cause to be detached or impress'd, so many soldiers, in order to answer the number of men required of him.
[Sect. 3.] And every captain or chief officer, as aforesaid, shall have his men at the place of rendezvous in time,, as in the warrant shall be mentioned, and shall transmit the men's names to his colonel or chief officer, to be by him returned into the treasurer's office, together with an accompt of their subsistence, until they arrive at the place ordered by the commander-in-chief; on pain that every captain or chief officer of any company or troop that shall neglect or not do his utmost to comply with and execute any warrant to be by him received, as aforesaid, from the chief officer of the regiment, shall, for such his neglect or default, pay a fine of ten pounds.
[Sect. 4.] And every officer or soldier that shall receive a warrant from his captain, or chief officer of the company or troop in which he is enlisted, for the detaching or impressing of men, shall forthwith attend and execute the same, on pain of paying a fine of five pounds.
[Sect. 5.] And all persons are required to be aiding and assisting of him in the execution of such warrant, on pain of forfeiting the sum of forty shillings.
[Sect. C] And if any person authorized as aforesaid, to impress any soldier or soldiers for his majesty's service, shall exact or take any reward to discharge or spare any from the said service, otherwise than is allowed by this act, he shall forfeit the sum of twelve pounds.
[Sect. 7.] All which fines and penalties, aforesaid, shall be one moiety thereof unto his majesty, for and towards the support and government of this province, and the other moiety to him or them that shall inform and sue for the same b}T action, bill, plaint or information in any courts of record.
And be it further enacted by tlie authority aforesaid,
[Sect. 8.] That every person lyable and fit for service, being orderly impress'd, as aforesaid, for his majesty's service by being commanded in his majest}T's name to attend the said service, shall, by himself or other meet person in his room (to the acceptance of the captain or chief officer), attend the same at the time and place appointed, on pain of suffering six months' imprisonment, without bail or mamprize, to be committed by mittimus from any justice of the peace, or chief officer of the company or troop, where no justice is in the town, upon conviction of such neglect: unless such person, within the space of six hours next after his being impress'd, shall pay to his captain or chief otlicer, by whose warrant he shall be impress'd, the sum of ten pounds.
And be it further enacted by the authority aforesaid.
[Sect. 0.] That the fines arising by persons so refusing, shall be improved for the procuring good and effective men, as there shall be occasion, for his majesty's service ; and the captain or chief officer of the company shall return to his colonel an account of the fines received, and of whom, as also of the disposition thereof, who shall keep an account of the same ; and all persons paying the said sum of ten pounds, as aforementioned, shall be esteemed as persons that have served, and be no farther or otherwise liable to any after impress than those that actually go forth in service at the same time.
[Sect. 10.] And all persons lawfully impowered to impress, may pursue any person that hides from the press or makes his escape, and may, by himself or deputy, impress sneh person in any place within the province ; and if any person impress'd for his majesty's service, being so duly returned, shall remove or go out of the province, and not attend the service as required, such person, at his return, shall be apprehended by warrant from any justice of the peace, and be by him committed to prison, unless such person give sufficient security to answer it at the next general sessions of the peace ; and upon due conviction of the said offence by the oath of him that impress'd him, shall suffer three months' imprisonment, and, before he be released, shall also pay a fine of ten pounds, for the use of the company or troop whereto he belonged at the time of his impress.
[Sect. 11.] And if any person, directly or indirectly, by counsel or otherwise, shall prevent the impressing, eoneeal any person impress'd, or knowingly further his escape, such person shall pay a fine of five pounds.
And be it further enacted by the authority aforesaid, [Sect. 12.] That all soldiers and seamen that have been wounded in his majesty's service within this province, and are thereby maim'd, or otherwise disabled, and had yearly pensions heretofore allowed them, shall have the continuance of the same during their abode within this province under sueh disability, to be paid them out of the publick treasury.
[Sect. 13.] And all such soldiers and seamen as at any time hereafter shall be maimed or otherwise disabled, by any wound to be received in his majesty's service within this province, shall be relieved out of the publick treasury, as the great and general court or assembly shall order.
[Sect. 14.] And if any soldier shall loose his arms in his majesty's serviee within this province, not thro' his own neglect or default, sueh loss shall be born by the publick ; and in ease any soldier be furnished with arms for any expedition in the said service, he shall allow out of his wages threepence per week for the same, and return such arms or otherwise pay the value thereof.
And be it further enacted by the authority aforesaid, [Sect. 15.]   That all soldiers shall be in pay from the time of their being impressed or detach'd till they are orderly discharged, and have reasonable time allowed them to repair to their usual plaees of abode. And be it further enacted by the authority aforesaid, [Sect. 16.]   That every offieer that shall make any false or untrue muster, or enter any person or persons upon the muster roll, on any pretence whatsoever, that shall not be at the plaee where the forces are ordered to do duty, or that shall knowingly muster any person by a wrong name, upon proof thereof, shall forfeit and pay for such offence one hundred pounds, and forthwith be cashier'd and displaced from such his office.
[Sect. 17.] The fines and forfeitures arising by this act, and not otherwise herein disposed of, to be recovered by bill, plaint or information in any of his majesty's courts of record ; the one half part thereof to be imployed to and for the support of the government of this his majesty's province, the other half to sueh person that shall inform and sue for the same. And be it further enacted by the authority aforesaid, [Sect. 18.] That a colonel's pay be fourteen pounds per month, a lieutenant-colonel's pay be twelve pounds, a major's pay be ten pounds, a captain's pay seven pounds, a lieutenant's pay four pounds, a sergeant's pay two pounds thirteen shillings and fourpenee, eorporsTs pay
forty-eight shillings, and a private centinel's pay be forty shillings per month.
[Sect. 19.] This act to remain and be in force during the continuance of the war with the Indian enemy, and no longer ; any law, usage or custom to the contrary notwithstanding.   [Passed December 15.