The Philadelphia Directory, 1803, Part 21

Author:
Publication date: 1785
Publisher: Philadelphia
Number of Pages: 372


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3. Goods removed before guaged and weighed, and if wines, spirits or teas, before being marked, without permission, are forfeited.


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4. Persons giving or offering a bribe, forfeit from two hun- dred to two thousand dollars .- Inspectors and officers of the revenue cutters, may go on board, examine and search vessels, have access to the cabin, and seal packages ; and after sun-set, secure hatches, &c .- Persons in charge of vessels, for breaking fastenings, but in the presence of an officer, forfeit five hundred dollars.


5. Officers may seize within or without their districts :- Per- sons resisting or impeding them forfeit four hundred dollars.


6. The master or commander of any vessel, who shall obstruct or hinder (or be the cause thereof) any officer of the revenue in going on board his ship or vessel for the purpose of carrying into effect any of the revenue laws of the United States, forfeits from fifty to five hundred dollars.


7. Every owner of a vessel, residing within the limits of the United States, to swear to the register within ninety days after its being granted, or it becomes void, and the vessel and cargo pay foreign tonnage and duty.


Returned cargo.


(If any articles of an outward cargo are brought back they are to be detailed, specifying by whom shipped outward, and to whom consigned inward.)


8. All bonds given on the exportation of merchandize entitled to a drawback, must be put in suit as they become due, unless by prior application to the comptroller longer time shall be given to procure the necessary evidence that the merchandize export- ed was landed in a foreign port, captured or lost.


9. That no document of landing merchandize in a foreign port entitled to a drawback, can be received, however regular, after the bond becomes due, unless satisfactory reasons are assigned for the delay.


10. That the exporter of all salted provisions, or pickled fish, entitled to bounty, cannot claim it, unless the evidence of the de- livery of the fish and provisions in a foreign port is tendered before his bond given at the time of exportation becomes due ; excepting in those cases where satisfactory reasons are assigned for the delay, or a further time granted by the comptroller for ob- taining evidence of the landing of the provisions or fish in a foreign port.


11. That no debenture can be issued on the exportation of .merchandize, unless the exporter shall, within ten days after the clearance of the vessel, complete those papers which the law makes necessary to his being entitled to a drawback.


AN ACT


FOR THE REGULATION OF THE


MILITIA


OF THE


COMMONWEALTH OF PENNSYLVANIA.


SECT. I. BE it enacted by the Senate and House of Repre- sentatives of the Commonwealth of Pennsylvania, in General As- sembly met, and it is hereby enacted by the authority of the same : That each and every free able-bodied white male citizen, of this or any other of the United States, and every other free able- bodied white male person who has been resident in this common-, wealth, for six months, previous to the time of his enrolment, who is or shall be of the age of eighteen years and under the age of forty-five years, except as is herein after excepted, shall seve- rally and respectively be enrolled in the militia, by the captain or commanding officer of the company within whose bounds such. citizen or other person as above described shall reside, and that it shall at all times be the duty of such captain or commanding officer to enrol, or cause to be enrolled every such citizen, and, other person resident as aforesaid; and also those who shall from time to time arrive at the age of eighteen years, or being of the age of eighteen years and under the age of forty-five years, or become resident as aforesaid, and not excepted by this act, shall come to reside within his bounds, noting as precisely as possible, the particular age of each person enrolled, and in all cases of doubt respecting the age or residence of any person enrolled, or intended to be enrolled, the party shall prove his age or residence to the satisfaction of the officers of the company within whose bounds he may reside, or a majority of them ; and that it shall be. the duty of each captain or commanding officer of a company, to take or cause to be taken, an accurate class list or roll of all the persons subject to militia duty, who shall have been enrolled by. him as aforesaid, noting as precisely as possible, the age of each person enrolled, and particularly designating all such persons within the bounds of his company, and the ward or township in, which they reside, subject to militia duty, who shall desire to be considered as exempts, or persons exempted from training in re-


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giments, battalions, cr companies, as is directed by this act, but not as persons exempted from their tour of duty, when the militia of this state, or any detachment thereof, shall be called into ac- tual service ; but if any person neglects or refuses to make his choice as aforesaid, the said captain shall place the name of such person on the list of exempts : Provided always, That exempts shall enjoy the right of appeal, and have such redress as dolin- quents have in cases of appeal, provided for in the seventeeth section of this act, and in all cases where exempts obtain any exoneration as aforesaid, the amount thereof shall be certified, wider the hand of the president of the court of appeal, which certificare when presented to the collector of taxes, shall be re- ' ceived by him as payment of such part of the said exempt's fines, as shall be therein expressed, and the commanding off.cer of each regiment respectively, shall transmit a list of the names of the officers appointed to hear and determine on appeals for the cur- rent year to the county commissioners, on or before the first day of August annually ; and the said captain or commanding off. cer shall, under the penalty of fifty dollars, for every such neglect or refusal yearly, and every year, on or before the day of regimental review, to be in the month of May, deliver or cause to Le de- livered, one complete class list or roll as aforesaid, on cath or affirmation, to the brigade inspector; and it shall be the duty of the said brigade inspector within ten days after he shall have re- ceived the said lists or rolls as aforesaid, to deliver or safely transmit to the commissioners of the proper county, and within sixty days thereafter to the state treasurer and register general, to each a true and accurate list of the said exempts as aforesaid, returned to him by the captains or commanding officers of the respective companies, under the penalty of twenty dollars for every such offence, and shall incur a further fine of twenty dollars for every month's delay, after the expiration of the said sixty days, to be recovered by the treasurer of the state for the use of the commonwealth ; and thereupon the said county commissioners shall annually fine or charge the persons so returned to them as exempts in their county duplicates the sum of five dollars each, over and above the amount of their taxes, and the tax so imposed on all minors who are exempts shall be charged to the parent, guardian, master or mistress of such minor, keeping the amount of the said fines in a separate and distinct column from the county tax, and it shall be the du'y of the said commissioners under the penalty of five hundred dollars each, for every neglect or refusal to be recovered agreeably to the provisions of the thirty-fourth section of this act, to direct and cause the said exempt fines to be collected annually, at the same time, and in the same manner in , which the county tax is directed by law to be collected, except as to the discretion of exoneration invested in the commissioners in other cases, and in like manner to be paid and received in the treasury of the county ; and the county treasurers respectively, are hereby directed to keep separate and distinct accounts of all , the monies so by them received for exempt fines, in purt:ence of


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· this act ; and the said county treasurers respectively, shall setite with the register general, and pay yearly to the treasurer of the commonwealth, all such fines from exempts, as they shall receive by virtue of this act, and the said county treasurers respectively, shall be allowed in the settlement of their accounts with the compt- roller and register generals five per cent. on all monies so received and by them paid to the state treasurer as aforesaid.


Se&t. II. And be it further enacted by the authority aforesaid, That the Vice President of the United States, officers judicial and exe- cutive of the government of the United States, the members of both houses of Congress and their respective officers, all custom- house officers with their clerks, all post officers and stage drivers who are employed in the care and conveyance of the mail of the United States, all ferrymen employed at any ferry on the post- roads, while they remain such, all inspectors of exports, all pilots. all mariners actually employed in the sea service of any citizen of the United States, ministers of religion of every denomination, professors and teachers in the university, colleges, academies and schools, while they are actually employed as such, judges of the supreme court, and presidents of the courts of common pleas, me- nial servants of ambassadors, minsister and consuls from foreign states, sheriff's, jailers, and keepers of work-houses, shall be, and they severally are exempted from militia duty, notwithstanding their being above the age of eighteen years, and under the age of forty-five years.


Sect. III. And be it further enacted by the authority aforesaid!, That the militia of this commonwealth shall, within the respective bounds hereinafter mentioned, be arranged into divisions, brigades, regi- ments, battalions and companies ; that each division shall consist of two brigades, and cach brigade so to Le formed shall consist of not less than four regiments, each regiment of two battalions, each battalion of four companies, exclusive of a fank company, in such manner that no company shail consist of more than one hundred, nor less than sixty-four privates, or as iwar as may be, having regard to their local situations; there may be attached to cach battalion one company of grenadiers, light infantry, or riflemen, . which company shall be formed within the bounds ofthe regiment, and to each brigade there shall be but cre company of artiller;, which company shall be furnished with one piece of ordnance, a: the expence ( f the state, as soon as they shall be comple.cly uni- formed and equipped, and one or more troops of horse, which shall be formed f volunteers within the respective brigades, at the discretion of the Governor, not exceeding che company to a legi.enr, nor morein number than one ch venthpartof . reinfann ..


Sec. IV. And be it further eractedby ite authority for csaid, That the territory of this commonwealth be, and it is hereby d. viled int"> division bounds, as follows, viz. The city and county of Philade !- phia shall form one division ; the counties of Bucks and Mon: go- mery ole; the counties of chester ard Delaware (ne; the county cf Lancas'er one ; the counties of York and Adams one; the counties of Berks and Dauphin one ; the counties of Cumberland and Frantlin one ; the counties of Nor. hampton and Wayne one;


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the counties of Northumberland, Lycoming and Luzerne one ; the counties of Mifflin, Huntingdon and Centre one ; the counties of Bedford, Fayette and Somerset one; the counties of Washing- ton and Greene one; the counties of Westmoreland and Alle- gheny, and that part of Butler which is included in Lieut. Col. Gilliland's regiment, and that part of Beaver which lies south of the river Ohio one ; and the counties of Armstrong, Crawford, Erie, Venango, Warren, Mercer, part of Butler, and that part of Beaver which lies to the north and west of the river Ohio, one other division; the city of Philadelphia shall form one brigade, and each division shall be composed of two brigades, and when by increase of population or other causes, the number of men in any of the regiments becomes too large, or greatly disproportionate, it shall and may be lawful for the Brigadier General and Brigade Inspector, with the commanding officers of the regiments in each brigade, or a majority of them, to cause a new arrangement to be made in the regiments and battalions, and to equalize the same as nearly as may be, or to form additional regiments or battalions, if in their opinion the same be necessary : Provided, that no regi- ment shall consist of more than one thousand, nor less than five hundred men, and the battalions in the same proportion; and when from the increase of population or other causes, the number of men in any of the companies of a regiment shall become greatly disproportionate to the number of men in other companies, the field officers of such regiment are hereby authorised to make such arrangements and distributions of the men as in their discretion shall be convenient and proper, in order to equalize the number of men in the several companies, or to form additional companies, if in their opinion the same be necessary.


Se&t. V. And be it further enacted by the authority aforesaid, That there shall be two colours or standards provided at the expence of the state for every regiment, so that each battalion may have one, and they shall be uniform throughout the state, and of the follow- ing dimensions and devices, viz. the length or height of the staff of each of the said colours shall be nine feet with a brass spear on the top thereof, the fly of each of the sa'd colours shall be six feet six inches in length and four feet six inches in height on the staff, on the fly of one of the said colours, to be made of a dark blue coloured silk, there shall be painted an American eagle with ex- panded wings, supporting the arms of the state, or some striking part thereof; in the upper corner next to the staff, there shall be inserted in white letters and figures the number of the regiment and the word " Pennsylvania" encircled or ornamented with thir- teen white stars ; the fly of the other colour shall be composed of thirteen red and white alternate stripes, with the upper corner next to the staf coloured and appropriated as above directed ; and each colour shall be ornamented with two silk tassels, and the two co- lours or standard, now deposited in the office of the Secretary of this commonwealth, shall be preserved as models for the colours 'of the state, agreeably to which all the regimental colours of this commonwealth shall be made; and the uniform or military dress of the militia of this state shall be as follows, viz. for the infantry,


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light infantry, and cavalry, a blue coat faced with red, the lining and buttons thereof white; for the artillery a blue coat faced and lined with red, with yellow buttons; but the uniform of the gen- eral officers and of the officers of the staff' shall be blue faced with buff, the regimental staff excepted, whose uniform may be that of the regiment to which they belong, andthe cockade to be worn by the militia of this state shall be blue and red : Provided that nothing within this section shall entitle any regiment or battalion to the colours or standards above described, who have already received the same in pursuance of the fifth section of the act entitled " An act for the regulation of the militia of the commonwealth of Penn- sylvania," passed the ninth day of April, one thousand seven hun- dred and ninety-nine.


Sect. VI. And be it further enacted by the authority aforesaid, That the commissioned officers of infantry, light infantry, grenadiers and riflemen, shall severally at their own expence, be armed with a sword or hanger, and an espontoon, and those of the artillery . with a sword or hanger, a fusee, bayonet and belt, and a cartridge box to contain at least 12 cartridges ; the commissioned officers of the several troops of horse shall furnish themselves with good horses of at least fourteen hands and an half high, and shall be armed with a sword and a pair of pistols, the holsters of which shall be covered with bear skin caps; each light horseman or dragoon shall furnish himself with a serviceable horse of at least fourteen hands and an half high, a good saddle, bridle, mailpil- lion and valese holsters, and a breast plate and crupper, a pair of boots and spurs, a pair of pistols, the holsters of which shall be covered with bear skin caps, a sabre and cartridge box to contain at least twelve cartridges for pistols ; and every person so enrolled and provided with arms, ammunition and accoutrements required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales for debt, or for the payment of taxes.


Sect. VII. And be it further enacted by the authority aforesaid, That the militia shall be officered as follows : To each division one Major General and two aids-de-camp with the rank of Ma- jors ; to each brigade one Brigadier General,. one Brigade Major and one Brigade Inspector, each with the rank of Major ; to each regiment one Lieutenant Colonel Commandant; and to each bat- talion one Major ; to each company of infantry (including light infantry, riflemen and grenadiers) one captain, one lieutenant, one ensign, four serjeants, four corporals, one drummer, and one fifer or bugler: There shall be a regimental staff, to consist of one Ad- jutant and one Quarter Master, to rank as Lieutenants, one Pay Master, one Surgeon, one Surgeon's Mate, cne serjeant major, one quarter master serjeant, one drum major and fife major ; There shall be to each company of artillery one Captain, two Lieutenants, four serjeants, four corporals, six gunners, six bom- bardiers, one drummer and one fifer; and to each troop of horse there shall be one Captain, two Lieutenants, one Cornet, four serjeants, four corporals, one saddler, one farrier and one trumpeter; there shall be one Adjuant General, with the rank of Brigadier General, appointed for the whole militia, and it shall be the duty of the first serjeant of every company to act as clerk of the company.


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Se&. VIII. And be it further enacted by the authority aforesaia, That the adjutant general, major generals, brigadier generals and brigade inspectors shall be appointed and commissioned by the governor, the division and brigade officers to be residing within their respective division and brigade bounds, that the major gen- erals shall appoint their own aids-de-camp, and the brigadier gen- crals their brigade majors ; that the field officers of cach regiment shall appoint their respective regimental staffs ; that the lieuten- ant colonel«, majors, captains, lieutenants and ensigns, serjeants and corporals, shall be eleged in form and manner hereafter men- tioned and provided for, but no person shall be eligible or hold a . commission in the militia who is not a citizen of this state, or who shall not reside within the regiment, battalion or company in which he was elected; that all commissioned officers shall be commissioned during seven years, if they shall so long behave themselves well, and shall take rank according to the date of their commissions ; and when two or more of the same grade whose commissions bear an equal date shall meet on command, then their rank shall be determined by lot to be drawn by them in the presence of the commanding officer of the detachment; and If any commissioned officer shall remove out of the bounds of the city of Philadelphia, or out of the bounds of any county or district in which he was designed to command, his office shall thereby forthwith become vacant.


Sect. IX. And be it further enacted by the authority aforesaid, That it shall be the duty of the adjutant general to distribute all orders from the governor, as commander in chief of the militia of the state, to the brigade inspectors, or to the several corps when in aqual service-to attend all public reviews when the governor shall review the militia-to obey all orders from him relating to the carrying into execution and perfecting the system of military discipline established by this aft-to furnish each brigade inspec- tor with one set of blank forms of the different returns that may be required, for which he shall be allowed in the settlement of his ac- co'ts with the register general, and to explain the principles on which such returns should be made-to receive from the several officers of the different corps throughout the state returns of the militia under their command, reporting the actual situation of their arms, accoutrements and ammunition, their delinquencies, and cvery other thing which relates to the general advancement of good order and discipline ; all which the several officers of the divisions, brigades, regiments, battalions, troops and companies are hereby required to make in such manner as the governor shall dire?, so that the said adjutant general may be furnished there- wi h ; from all which returns he shall make a general return of all the militia of the state, and lay the same before the governor, and fransmit a duplicate thereof to the president of the United States. That the said adju' ant general, before he enters on the exercise of the duties of his office, shall give bond, with two or more sufficient sureties, in the penalty of five thousand dollars, conditioned for the due and faithful performance of the said duties ; and shall, in full compensation for his services, receive a yearly salary of six


XXXIX


hundred dollars ; and it shall be the duty of the said adjutant gen- eral, his heirs, executors or administrators, under the penalty of one thousand dollars, to deliver to his successor all the books, papers and documents relating to the duties of his office.


Sect. X. And be it further enacted by the authority aforesaid, That it shall be the duty of each brigade inspector, at least once' in every year, to inspect the arms, ammunition and accoutrements of the mi- litia composing his brigade-to execute all orders which he may re- ceive from the adjutant general, or commander in chief-to superin- tend the elections of field officers-to furnish all the necessary blank returns, the form of which shall be prescribed by the adjutant gen- eral-to deliver, or cause to be delivered, yearly and every year, on or before the first day of April, to each captain or commanding officer of a company, three blank inspection rolls, and three blank class rolls, which several rolls the said captain or commanding officer of a company is hereby directed to fill, and shall, under the penalty of twenty dollars yearly, deliver, or cause to be delivered, one of each to the commanding officer of the regiment, one of each to the brigade inspector, and the others he shall keep filed in his own possession ; and the said inspector, when he has received the said returns, shall, within twenty days, under the penalty of twenty dollars, make out therefrom three complete brigade returns, . and deliver one to the adjutant general, one to the brigadier, ar.il . the other to the major general of the division, and he shall file in his office all returns received by him, and a copy of all returns made to his superior officer; and it shall also be the duty of each brigade inspector, when any class or classes of the militia are called to perform any tour of duty, immediately to notify every officer whose tour of duty it may be, and shall cause each non-commis- sioned officer and private, so called, to be notified by a written or printed notice in the following words-" Take notice, that you are hereby required personally, or by sufficient substitu e, to appear at properly armed and equipped for service, at the


house of on to march, when required. Appeals. to be heard at on the day of


Given under my hand" -- By being delivered to him personally, or lett at his house or usual piace of abode, at least three days before- the time of assembling the said militia, by the commanding officer of each company, or by a serjeant or other fit person under his orders, who shall, if required, prove such notice on oath or atfirm- ation, unless the governor, on a sudden exigency, shail think pro- per to order any part of the militia into immediate and actual ser- vice, in which case the notice mentioning such special order, shall. be given for immediate attendance ; and any person refusing or- , neglecting to perform such tour of duty, shall pay a fine of sixteen. dollars per month for every such offence ; and it shall further be the duty of the brigade inspector, forchwith after the marching of any of the militia, to call to his assistance two reputable citizens, one whereof shall be a justice of the peace, to sit at the places named in the notices above directed to be served upon every mili- tia man so called out, and shall there hear and determine all ap- peals that may be made by the persons thinking themselves ag -.




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