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listed, magistrate and persons

LISTING. Persons listed are to be carried within four days, but not sooner than twenty-four hours, after they have enlisted, before the next justice of peace of any county, riding, city, or place, or chief magistrate of any city or town cor porate (not being an officer in the army); and if; before such justice or magistrate they dissent from such listing, and return the listing money, and also twenty shil lings, in lieu of all charges expended on them, they are to be discharged. But such persons refusing or neglecting to re turn and pay such money within twenty four hours, shall be deemed as duly listed as if they had assented thereto before the proper magistrate ; and they will, in that case, be obliged to take the oath, or upon refusal they shall be confined by the offi cer who listed them till they do take it. Persons owning before the proper magis trate, that they voluntarily listed them selves, are obliged to take the oath, or suffer confinement by the officer who listed them till they do take it. The

magistrate is obliged, in both cases, to certify that such persons are duly listed ; setting forth their birth, age, and calling, if known ; and that the second and sixth sections of the articles of war, against mutiny and desertion, were read to them, and that they had taken the oath. offi cers offending herein are to be cashiered, and displaced from their office; to be-dis abled from holding any post, civil or mili tary; and to forfeit 1001. Persons receiv ing inlisting money from any officer, knowing him to be such, and afterwards absconding, and refusing to go before a magistrate to declare their assent or dissent, are deemed to be inlisted to all intents and purposes, and may be proceeded against as if they had taken the oath.