PROTESTANT INTEREST.
9. This Act shall not extend
to the Negotiation of
his Lordship's private Affairs, in Matters no ways relative
to the Government of this Province, or to any
judicial or ministerial Offices thereon depending, or to
the Collection of any Dues arising therefrom, &c.
Ibid. §. 10.
10. Nor to the Exemption of any Persons from taking
the Oaths required by Law before the making
this Act. Ibid. §. 11.
PROTESTANTS. See Irish Servants, 2. Orphans, 7.
PROTESTANT SUCCESSION.
The Right of his Majesty King George
I, in the
Protestant Succession, recognized. 1715, ch. 1.
PROTESTED BILLS. See Bills of Exchange.
PROVINCIAL COURT.
1. Provincial Justices shall
be allowed 140 lb Tobacco
per Day, during the Time they shall fit, and attend
the Court, besides their itinerant Charges, to be
paid out of the Public Levy of this Province. 1716,
ch. 11, §. 9.
2. The Justices may make Rules and Orders for
well governing and regulating the Court, under Fines
not exceeding 1000 lb Tobacco; to be applied to the
Support of Government. 1715, ch. 41, §. 2.
See Advancement of Justice, 3. Amerciaments,
3.
Annapolis, 7, 12.
Appeals, 1-3. Appearance, 1.
Discount in Bar, 3.
Magistrates, 1, 2, 4. Militia,
12. Public Goal,
2. Records, 2, 6, 9.
Servants, 6, 16.
Special Bail, 1-7, 10. Standard,
2. Suits at Law,
3. Thieving, 6. Witnesses,
3, 5-7.
PUBLIC ARMS.
1. The Governor, or Commander
in Chief, for the
Time being, may, at any Time, order such Arms as
he shall think proper, to be delivered out of the Public
or County Magazine, to the Colonel of each County,
and the Captain of each Independent Company; for
which Arms such Colonel and Captain shall give their
Receipts: Which Receipts shall be recorded in the
Council Books, and such Record be allowed as Evidence
against such Colonel or Captain, who shall be
answerable to the Governor, &c. for the same, or the
Value of so many as shall not be produced, on Demand
of the Governor, or Person by him thereunto
appointed, in as good Order as they ought to be.
1733, ch. 7, §. 3.
2. Such Condition and Value shall be determined
by the Governor, or Person by him thereunto appointed;
and the Value, so determined, shall be paid by
such Colonel to the Governor, for the Purchase of
Arms and Ammunition for the Use of the Regiment
in that County. Ibid.
3. Such Colonel or Captain neglecting or refusing
to pay such Value, the Governor, or Person by him
appointed, may order the County Clerk to issue Execution
for the same against Body and Goods of such
Colonel, &c. which shall be served by the Sheriff, (or
Coroner, if such Colonel, &c. be Sheriff at the Time)
and the Money paid thereon, shall, by such Sheriff, &c.
be paid once every Year to the Governor for the Uses
aforesaid. Ibid.
4. And, if the Sheriff, &c. shall seize any
Goods,
&c. of such Colonel, &c. by virtue of such Execution,
he shall cause them to be appraised by Two
Sworn Appraisers, and afterwards sell them by Public
Vendue; and shall pay the Value for which they were
taken in Execution to the Governor, for the Uses aforesaid,
and return the Remainder, if any, to the
Owner of the Goods. Ibid.
5. To reimburse the Colonel for Arms spoiled, &c.
by others, such Colonel shall deliver to every Officer,
having a Troop or Company in the County, so many
Arms as such Officer shall think necessary for his |
PUBLIC ARMS.
Troop or Company, and take a Receipt for the same
from such Officer; who shall be accountable to the
Colonel for such Arms, to the Value thereof, as rated
by the Governor, or Person by him thereunto appointed,)
in case they be not produced to such Colonel,
when demanded, in such Order as they ought to be.
Which Order shall be determined by the Governor, or
some Person authorized by him; who shall certify such
Value to the County Clerk, requiring him to issue Execution
for the Use of the Colonel against the Body,
Goods, &c. of the Officer who cannot produce such
Arms as aforesaid. Which Execution shall issue, and
be executed as aforesaid; and the Money paid to the
Colonel for his own Use. Ibid. §. 4.
6. For the Indemnification of such Officers, having
a Troop or Company in such Regiment, for the Loss
or Damage of Arms by the Default of their Men,
every Man enlisted in such troop or Company, shall
give a Receipt to such Officer for the Arms which shall
be delivered to him, on Penalty of 200 lb Tobacco,
fro refusing to accept, or to give a Receipt for such
Arms: And Execution shall be issued as aforesaid, on
Certificate of such Officer, against the Person so refusing:
And the Sum, so levied, shall be paid once in
every Year to the Governor for the Uses aforementioned.
And if such Person cannot produce such Arms
in so god Order as they ought to be, when required
by such Officer; then the Governor, or Person by him
authorized, shall, on Application, value such Arms,
so not produced, and certify the same to the Clerk of
the County, requiring him to issue Execution for the
same against Body, Goods, &c. of such Person: And
the Value, levied thereon as before directed, shall be
paid to such Officer for his own Use. Ibid. §.
5, 6.
7. The Captain of each Independent Company shall
receive Arms from, and be accountable to the Governor,
&c. in the same Manner as the Colonel of a County.
And the respective Men shall be liable and accountable
to each Captain in the same Manner as the
Men in any Troop or Company in the County Regiment.
And the Value shall, in like Manner, be set,
proceeded for, and levied; but shall be paid by the Sheriff
tot he Captain for his own Use. Ibid. §. 8.
8. The Governor is impowered and desired to appoint
some fir Person or Persons, in each County, to
execute such Parts of this Act as are directed to be executed
by any Person thereunto appointed by the Governor.
Ibid. §. 10.
9. The Sheriff's or Coroner's Fee, for every Execution
served by Virtue of this Act, shall be 30 lb Tobacco,
besides Imprisonment Fees, or Fees on Sale of
Effects. And the County Clerks shall have 6 lb Tobacco
for every Execution by him issued. Which Fees
shall be leviable on Execution. Ibid. §. 12.
10. All Public Arms shall be marked in such Manner
as the Governor shall direct. And no Persons
shall presume to sell or purchase such Arms so marked,
or where the Mark appears to have been marked, or
knowing the same to be Public Arms; on Penalty of
40 s. the Seller, and 40 s. the Buyer,
to be recovered
before a single Magistrate; on whose Warrant, directing
the same, the County Clerk shall issue Execution,
and the Penalty, so levied, shall be paid, Half to the
Informer, and Half to the Governor, for the Uses aforesaid.
Ibid. §. 14.
11. No Executor or Administrator of any such Colonel,
&c. deceased, shall be chargeable with any Public
Arms more than they have in their Possession, or
have received Satisfaction for. Nor any succeeding
Officer for more than he shall receive, or take Receipts
for. But such succeeding Officers shall, on the Death
of his Predecessor, immediately warn the Regiment,
Company or Troop, to a Muster, and then take Receipts
for such Arms as shall be found in good Order,
and return Certificate of the Number thereof, together
with the Condition of the Arms lost or spoiled, to the
Governor, within Thirty Days of such Muster: After
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