OCTOBER 1765 – 5th GEORGE III CHAP. XXIII. An act for appointing Commissioners to examine and state the accounts of the Militia lately ordered out into actual service, and for other purposes therei




 An act for appointing Commissioners to examine and state the accounts of the Militia lately ordered out into actual service, and for other purposes therein mentioned.


I. WHEREAS several companies of the militia of this colony have been drawn out into actual service, by command of his honour the governour, for the defence and protection of the frontiers against the incursions and depredations of the Indians, and there is now due on such account several sums of money, as well for the arrears of the pay of such militia, as for provision arms, and other necessaries furnished for them by several persons, an account of some part whereof is hereunto annexed; and sundry other accounts for the like services cannot now be settled by this general assembly, for want of proper vouchers, and it will be a great saving to the colony, as well as ease to the several claimants, to have the accounts of their pay, and the provisions, arms, ammunition, and other necessaries furnished for them, adjusted by commissioners in the country:


Be it therefore enacted, by the Lieutenant-Governour, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same. That Archibald Cary, Thomas Walker, John Fleming William  Cabell, George Carrington, Thomas Lewis, and Peter Hog, gentlemen, be, and they are hereby appointed commissioners for the counties of Augusta, Bedford, Halifax, and Amherst; and James Hamilton, Richard Lee, Thomas Rutherford, Thomas Marshal, William Green, and James Wood, gentlemen, for the counties of Frederick, Hampshire, Culpeper, Loudoun, Fauquier, and Prince William; to examine, state, and settle the accounts of such pay, provision, arms (whether belonging to the county or to private persons) ammunition, and other necessaries for the militia of the counties for which they are appointed commissioners, and all arrears whatsoever relating to the militia; and the said commissioners, or any three of them, shall, and they are hereby empowered and required to meet for the purposes aforesaid at such times and places as they shall respectively think fit and convenient, of which time and place publick notice shall be advertised at the court-house of each respective county at least one month before such meeting, and to adjourn from time to time until they shall have settled all the accounts of the said militia, and arrears of such as aforesaid, and shall have power to call all persons concerned in settling the said accounts before them, and to administer an oath or oaths to any person or persons for their better information in the premises. And that the said commissioners, or any two of them, shall certify the said accounts so by them examined, stated, and settled, to the governour or commander in chief for the time being, who is here-by desired to issue his warrant to the treasurer of this colony from time to time for the payment thereof; and the said treasurer shall, on the first day of November next, pay the several accounts stated in the schedule hereto annexed out of the money in his hands, for bills of exchange drawn or to be drawn on the agent of this colony in Great Britain, In pursuance of an act of assembly made in the thirty-fourth year of the reign of his late majesty king George the second, entitled An act for appointing persons to receive the money granted or to be granted by the parliament of Great Britain to his majesty for the use of this colony. And the accounts so examined, stated, and settled by the said commissioners, and certified by the governour according to the directions of this act, shall be paid by the said treasurer out of the residue of the said money, as far as it will go, after paying the several accounts in the schedule mentioned, and the balance out of the money that shall come to his hands by, virtue of two acts of this present session of assembly, the one For raising a Public Levy, and for other purposes therein mentioned, and the other To empower the treasurer to receive the money due from the province of Pennsylvania to this colony.


II. And whereas the arms, ammunition, provisions, and necessaries purchased at the publick expense, and now on hand, ought to be sold for the publick benefit: Be it enacted, by the authority aforesaid. That the commanding officer of each of the counties from which the militia has been sent into service in the pay of this colony shall, within the space of three months after the passing this act, sell, for the best price that may be had for the same, all arms, ammunition, provisions, and necessaries purchased at the publick expense in the said counties, and pay the money arising from such sale to the treasurer of this colony for the time being, for the use of the publick. And if any person or persons who have any arms, or other things hereby directed to be sold, in their possession belonging to the publick, shall delay or refuse to deliver them up to the commanding officer of the county in which such person or persons reside, he, she, or they, so delaying or refusing shall for every offence forfeit and pay the sum of ten pounds; to be recovered, with costs, by the informer, in any court of record in this dominion, where the same shall be cognizable.


III. And be it further enacted, by the authority aforesaid. That the said commissioners shall also settle and allow any claims that shall be produced to them for provisions furnished the volunteers and captives on their return from Pittsburg to this colony.


SCHEDULE to which this Bill refers.

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