Page:Session Laws of North Carolina, April, 1777.pdf/5

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ame peaceably from the Owner or Poeor thereof, and in Cae of Refual, hall produce his Warrant aforeaid before he proceeds to pres. And every Officer or Soldier who hall offend againt this Act, hall forfeit and pay Ten Pounds for every uch offence, to the Peron injured, and be moreover liable to any Action or Actions of the Party grieved; to be recovered before any Juridiction having Cognizance thereof. And every Thing o preed hall be valued by Two indifferent Perons on Oath, and a Certificate of the Valuation given by uch Valuers to the Owner or Poeor from whom the ame hall be preed, in order that if the ame hall not be retored to the Owner or Poeor, he may be allowed uch Valuation by the Public.

XX. AND be it further Enacted, by the Authority aforeaid, That every Abentee hall be allowed till the next ucceeding Muter to make Excue before the Captain hall iue his Warrant, unles againt uch Defaulters as he may upect are about removing themelves out of the County before uch ucceeding Muter; in which Cae, it hall and may be lawful for uch Captain to iue a Summons to caue uch upected Peron to appear before him, and upon hearing him, or the Peron refuing to obey the Summons, the Captain hall then proceed as to him eems jut. And every Peron that hall be fined in Virtue of this Act, and hall think himelf injured by his Officers, may appeal to the next Court Martial, firt giving Security in the Sum of Twenty Shillings to appear and abide by the Judgment of the aid Court; and if judgment hall be againt him, that he will then and there pay the Fine, with Two Shillings Cots.

XXI. AND be it further Enacted, by the Authority aforeaid, That every Peron who hall neglect or refue, on Call or Alarm given, to appear himelf in Peron, or end an able bodied Man in his Stead, at uch Times and Places as hall be appointed by his Captain or other Officer, hall forfeit and pay Ten Pounds, Proclamation Money; and it hall and may be lawful for any one Jutice of the County where uch Peron o failing reides, to caue him to be immediately apprehended and committed to Gaol, until he hall find Security for his Appearance at the next Court Martial. And if uch Defaulter hall fail to appear and make atifactory Excue to the next Court Martial, the Preident of the aid Court Martial is hereby directed and impowered to iue his Warrant for levying the aforeaid Fine, directed to the Sheriff of the County where the Offender reides; and uch Sheriff, who is hereby required and directed to execute the ame, hall for every Neglect or Refual 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 Peron who hall refue to march againt the Enemy when commanded, or refue or neglect his Duty, or perform the Service is put upon by his Captain or other Officer, or hall quit his Pot, deert his Colours, or mutiny, it hall and may be lawful for one Field Officer or more, two Captains, two Lietenants, and two enigns, or the Majority of them, openly to hold a Court Martial. firt taking the following Oath, which is to be taken by all other Court Martias, viz. You hall wear well and truly to try, according to Evidence, in the matter now before you. And on Trial and Conviction, to punih the Offender according to Martial Law,