A.D. 1777
ſame peaceably from the Owner or Poſſeſſor thereof, and in Caſe of Refuſal, ſhall produce his Warrant aforeſaid before he proceeds to preſs. And every Officer or Soldier who ſhall offend againſt this Act, ſhall forfeit and pay Ten Pounds for every ſuch offence, to the Perſon injured, and be moreover liable to any Action or Actions of the Party grieved; to be recovered before any Juriſdiction having Cognizance thereof. And every Thing ſo preſſed ſhall be valued by Two indifferent Perſons on Oath, and a Certificate of the Valuation given by ſuch Valuers to the Owner or Poſſeſſor from whom the ſame ſhall be preſſed, in order that if the ſame ſhall not be reſtored to the Owner or Poſſeſſor, he may be allowed ſuch Valuation by the Public.
Abſentees allowed Time to make Excuſe. XX. AND be it further Enacted, by the Authority aforeſaid, That every Abſentee ſhall be allowed till the next ſucceeding Muſter to make Excuſe before the Captain ſhall iſſue his Warrant, unleſs againſt ſuch Defaulters as he may ſuſpect are about removing themſelves out of the County before ſuch ſucceeding Muſter; in which Caſe, it ſhall and may be lawful for ſuch Captain to iſſue a Summons to cauſe ſuch ſuſpected Perſon to appear before him, and upon hearing him, or the Perſon refuſing to obey the Summons, the Captain ſhall then proceed as to him ſeems juſt.Appeal granted. And every Perſon that ſhall be fined in Virtue of this Act, and ſhall think himſelf injured by his Officers, may appeal to the next Court Martial, firſt giving Security in the Sum of Twenty Shillings to appear and abide by the Judgment of the ſaid Court; and if judgment ſhall be againſt him, that he will then and there pay the Fine, with Two Shillings Coſts.
Pen. for refuſing to appear on Alarm given, or to march, &c, when commanded. XXI. AND be it further Enacted, by the Authority aforeſaid, That every Perſon who ſhall neglect or refuſe, on Call or Alarm given, to appear himſelf in Perſon, or ſend an able bodied Man in his Stead, at ſuch Times and Places as ſhall be appointed by his Captain or other Officer, ſhall forfeit and pay Ten Pounds, Proclamation Money; and it ſhall and may be lawful for any one Juſtice of the County where ſuch Perſon ſo failing reſides, to cauſe him to be immediately apprehended and committed to Gaol, until he ſhall find Security for his Appearance at the next Court Martial. And if ſuch Defaulter ſhall fail to appear and make ſatiſfactory Excuſe to the next Court Martial, the Preſident of the ſaid Court Martial is hereby directed and impowered to iſſue his Warrant for levying the aforeſaid Fine, directed to the Sheriff of the County where the Offender reſides; and ſuch Sheriff, who is hereby required and directed to execute the ſame, ſhall for every Neglect or Refuſal forfeit and pay the Sum of Twenty Pounds, Proclamation Money; to be recovered by Action of Debt, in any Court of Record in this State. And every Perſon who ſhall refuſe to march againſt the Enemy when commanded, or refuſe or neglect his Duty, or perform the Service is put upon by his Captain or other Officer, or ſhall quit his Poſt, deſert his Colours, or mutiny, it ſhall and may be lawful for one Field Officer or more, two Captains, two Lietenants, and two enſigns, or the Majority of them, openly to hold a Court Martial. firſt taking the following Oath, which is to be taken by all other Court Martias, viz. Court Martial's Oath. You ſhall ſwear well and truly to try, according to Evidence, in the matter now before you. And on Trial and Conviction, to puniſh the Offender according to Martial