A Collection of All Such Acts of the General Assembly of Virginia of a Public and Permanent Nature as Have Passed Since the Session of 1801

gainst, and prosecute every free negro or mulatto who shall keep 1805. or carry any arms or ammunition contrary to this act.

3. If any free negro or mulatto who shall have been convicted Penalty for of keeping or carrying arms or ammunition, shall a second time of breach. fend in like manner, he shall, in addition to the forfeiture aforesaid,

be punished with stripes, at the discretion of the justice, not exceeding thirty-nine.

4. This act shall commence and be in force from and after the Commencement. first day of June next,

CHAP. LXXXIV.

An Act further to amend the several Acts concerning the Militia of

this Commonwealth.*

[Passed February 4, 1806.]

tributed to be

called in.

panies.

BE it enacted by the General Assembly, That it shall be the Public arme duty of each officer commanding a company of militia in heretofore disthis commonwealth, to cause all the public arms heretofore distributed in his company, to be produced to the major or commandant of the battalion to which he shall belong, at the battalion muster in May next; and it shall be the duty of such major or commandant to cause such arms, with those hereafter issued, to be dis- Militia to be tributed to companies, so that one company may be completely arm- armed by comed, before any arms shall be distributed to any other company, and so continuing to arm by companies until the whole shall be armed. And where there is a light or flank company attached to any batta- Light or flank lion, the number whereof is complete, such company shall be first companies to be armed; and where there shall be more than one such company, the major, or commandant, shall determine by lot which of such companies shall be first armed; and where there shall be no light or flank company attached to the battalion, the major or commandant shall determine by lot which company in the battalion shall be first armed.

first armed.

tending muster,

2. And be it further enacted, That each non-commissioned officer Fine for not atand private armed as aforesaid, who sh::ll fail to appear on parade, &c. on the days appointed for holding their respective musters, with his arms and accoutrements in complete order, shall be fined in a sum not less than seventy-five cents, nor more than two dollars, to be assessed by the court of enquiry, who, in assessing the fine, shall have regard to the degree of the delinquency, and the ability of the delinquent to pay.

Fine for refusing

to receive arms,

&c.

3. And be it further enacted, That each non-commissioned officer or private who shall refuse or neglect to receive any arms or accoutrements, when offered to him, or to give a [See post.ch. receipt for the same, except such refusal be made by a quaker or 110, 112, further menonist, shall be fined in a sum not exceeding ten dollars, to be regulations con. assessed by the battalion court of enquiry, to be collected and ac- cerning the discounted for as other militia fines; and for failing to deliver such arms and accoutrements when required by the officer commanding the company, he shall forfeit and pay the sum of twenty dollars, to be assessed as aforesaid. And where any non-commissioned officer or private shall remove out of the limits of his company dis

See ante ch. 36, and the notes subjoined.

tribution of pub lic arms.]

1805.

Duty of officers commanding companies.

Duties of field of acers.

Penalties on officers.

Artificers in manufactory of arms to be embodied, &c.

Officer prohibit

trict, without delivering to some commissioned officer of the conapany in which he stood enrolled, all arms and accoutrements in his possession belonging to the public, he shall forfeit and pay the sum of twenty dollars, to be recovered by warrant or attachment, before any justice of the peace, for the use of the commonwealth.

4. And be it further enacted, That it shall be the duty of officers commanding companies, to carry the foregoing regulations into effect, so far as relates to their respective companies, and the preservation of their arms; and that it shall be the duty of the officers commanding battalions, to attend the musters of the several companies, armed as aforesaid, at least once in every year, for the pose of reviewing such companies, and inspecting their arms. And it shall be the duty of the commandants of regiments, in like manner, to attend each battalion muster in his regiment, for the purpose of reviewing the same and inspecting their arms.

pur

5. And be it further enacted, That if any officer commanding a company, shall fail to comply with the duties prescribed by this act, he shall forfeit and pay twenty dollars. And if any major or commandant of a battalion shall fail to comply with the duties hereby prescribed, he shall forfeit and pay thirty dollars; and commandants of regiments failing to comply with the duties hereby imposedon them, shall for every failure forfeit and pay forty dollars each. 6. And be it further enacted, That the artificers employed in the manufactory of arms in the city of Richmond, shall be embodied in one or more companies, as the executive may direct, and be commanded by such officers as the governor, with the advice of council, may appoint and commission; and shall be an independent corps, and act as a guard to the manufactory of arms, whenever the executive may direct or require the same.

7. And be it further enacted, That no officer hereafter accepting ed from resign- a commission in the militia of this commonwealth, shall be at libering for five years. ty to resign the same for the term of five years after qualification, without the consent of the regimental court of enquiry, or of the executive of this commonwealth.

Regulations as to uniform.

Commencement.

Commissioner
to grant licenses

8. And whereas a difference of opinion at this time exists among the officers, as to their uniform when on duty; and for remedy thereof, Be it enacted, That the executive shali, and they are hereby authorised to declare by proclamation, what shall be the uniform of the militia of this commonwealth; and the several officers shall be governed accordingly.

9. This act shall commence and be in force from and after the passing thereof.

CHAP. LXXXV.

An Act to provide more effectually for the Collection of Taxes.* [Passed February 5, 1806]

E it enacted by the General Assembly, That upon any person producing to any commissioner of the revenue for his

Although this act is a literal transcript of the act of the last session, (1804, ch. 2, pa. 1-ante ch. 65,) except so much of the third section as relates to the taxes of certain towns, yet it is deemed proper to insert it in this collection; because the legislature seem to have considered it so far a permanent law, that they did not re-enact it in the session of 1806.-The act imposing taxes is the same in substance with that of the preceding year, (ante ch. 63,) and therefore it is unneces sary to insert it..

1805.

County, district, or corporation, or to the clerk of the court if there be no commissioner, a receipt for forty dollars, paid to the sheriff or collector, such commissioner or clerk shall grant to such person for wholesale & a license to sell merchandize of foreign growth or manufacture, by retail of goods. wholesale and retail, for and during the term of twelve months; or

if the said receipt shall be for fifteen dollars, such person shall in like manner receive a license to retail such goods for the same time;

and if any person shall sell such merchandize either by wholesale or Penalty for sellretail, on land, or on board any vessel, without having obtained ing without li such license, such person shall forfeit and pay one hundred dollars, cense. to be recovered by the commissioners of the county, district, or corporation, in any court of record, on ten days previous notice, for the use of the commonwealth; of which licenses and fines, the commissioners shall annually, in their books, return a list to the auditor of public accounts, on or before the fifteenth day of September, specifying the names of the persons, which shall be evidence whereupon to charge the sheriff or collector: Provided always, Provisa That if there be no such sheriff or collector, the clerk of the court shall have a right to receive the tax, to be accounted for in like manner as other taxes by him received, and his receipt shall entitle the party to a license in the same manner as the receipt of the sheriff or collector: Provided nevertheless, That not more than one tax shall be paid on account of selling at one and the same store; and if any person or persons shall keep two or more stores, he, she, or they shall pay one tax for each store. All the said licenses, shall be taken out previous to the first day of May next, and shall be good and effectual for the term of one year next ensuing: Provided, That if any new store shall be opened on land, between the first day of May and the same day in the following year, the said tax shall be apportioned according to the time then to come of one year, and its amount shall be specified in the license and in the commissioner's return.

2. And be it further enacted, That the act concerning hawkers Each hawker & and pedlars shall be so construed as to make it necessary for each pedlar to obtain hawker and pedlar to obtain a license; that it shall be the duty of a license. the commissioners to report to the courts of their respective counties, such merchants, hawkers and pedlars, as neglect to comply with this act ; and on such report, it shall be the duty of the said tourt to direct process against all delinquents so reported.

;

3. And be it further enacted, That each hawker and pedlar after Such license to obtaining a license to sell goods, wares and merchandize, shall, in be recorded the court of each county in which he offers goods for sale, enter on record his license obtained for vending of goods, wares and merchandize; for which he shall pay twenty five cents to the clerk and in case of failure, each hawker and pedlar shall be subject to the same penalty as if he had no such license. The clerk of each Clerk of court to court shall, on each court day thoughout the year, cause à list of cause a list of such licenses as are recorded by him, to be stuck up in some public such licenses to be hung up on place in the courthouse, expressing when such license was granted, each court day. when it will expire, and by what court it was granted; and in case Penalty for omis of failure, such clerk, for each omission, shall forfeit and pay the sion. sum of fifty dollars, to be recovered by motion of the commissioners in any court of record, ten days notice thereof being first given. For every license, granted by a commissioner under this act, he shall be entitled so twenty-five cents, which shall be paid to him Fee to clerks

1805.

Duty of officers commanding companies.

Duties of field of ficers.

Penalties on officers.

Artificers in manufactory of arms to be embodied, &c.

Officer prohibit

trict, without delivering to some commissioned officer of the company in which he stood enrolled, all arms and accoutrements in his possession belonging to the public, he shall forfeit and pay the sum of twenty dollars, to be recovered by warrant or attachment, before any justice of the peace, for the use of the commonwealth.

4. And be it further enacted, That it shall be the duty of officers commanding companies, to carry the foregoing regulations into ef fect, so far as relates to their respective companies, and the preservation of their arms; and that it shall be the duty of the officers commanding battalions, to attend the musters of the several companies, armed as aforesaid, at least once in every year, for the purpose of reviewing such companies, and inspecting their arms. And it shall be the duty of the commandants of regiments, in like manner, to attend each battalion muster in his regiment, for the purpose of reviewing the same and inspecting their arms.

6. And be it further enacted, That the artificers employed in the manufactory of arms in the city of Richmond, shall be embodied in one or more companies, as the executive may direct, and be commanded by such officers as the governor, with the advice of council, may appoint and commission; and shall be an independent corps, and act as a guard to the manufactory of arms, whenever the executive may direct or require the same.

7. And be it further enacted, That no officer hereafter accepting ed from resign- a commission in the militia of this commonwealth, shall be at libering for five years ty to resign the same for the term of five years after qualification, without the consent of the regimental court of enquiry, or of the executive of this commonwealth.

Regulations as to uniform.

Commencement.

Commissioner
to grant licenses

9. This act shall commence and be in force from and after the passing thereof.

An Act to provide more effectually for the Collection of Taxes.*

CHAP. LXXXV.

[Passed February 5, 1806]

That

E it enacted by the General Assembly, That upon any perBon producing to General

1805.

County, district, or corporation, or to the clerk of the court if there be no commissioner, a receipt for forty dollars, paid to the sheriff. or collector, such commissioner or clerk shall grant to such person for wholesale & a license to sell merchandize of foreign growth or manufacture, by retail of goods. wholesale and retail, for and during the term of twelve months; or if the said receipt shall be for fifteen dollars, such person shall in like manner receive a license to retail such goods for the same time;

and if any person shall sell such merchandize either by whole sale or Penalty for selfretail, on land, or on board any vessel, without having obtained ing without li such license, such person shall forfeit and pay one hundred dollars, cense. to be recovered by the commissioners of the county, district, or corporation, in any court of record, on ten days previous notice, for the use of the commonwealth; of which licenses and fines, the commissioners shall annually, in their books, return a list to the auditor of public accounts, on or before the fifteenth day of September, specifying the names of the persons, which shall be evidence whereupon to charge the sheriff or collector: Provided always, Provisa. That if there be no such sheriff or collector, the clerk of the court shall have a right to receive the tax, to be accounted for in like manner as other taxes by him received, and his receipt shall entitle the party to a license in the same manner as the receipt of the sheriff or collector: Provided nevertheless, That not more than one tax shall be paid on account of selling at one and the same store; and if any person or persons shall keep two or more stores, he, she, or they shall pay one tax for each store. All the said licenses, shall be taken out previous to the first day of May next, and shall be good and effectual for the term of one year next ensuing: Provided, That if any new store shall be opened on land, between the first day of May and the same day in the following year, the said tax shall be apportioned according to the time then to come of one year, and its amount shall be specified in the license and in the commissioner's return.

2. And be it further enacted, That the act concerning hawkers Each hawker & and pedlars shall be so construed as to make it necessary for each pedlar to obtain hawker and pedlar to obtain a license; that it shall be the duty of a license. the commissioners to report to the courts of their respective counties, such merchants, hawkers and pedlars, as neglect to comply with this act ; and on such report, it shall be the duty of the said court to direct process against all delinquents so reported.

3. And be it further enacted, That each hawker and pedlar after Such license t obtaining a license to sell goods, wares and merchandize, shall, in be recorded the court of each county in which he offers goods for sale, enter on record his license obtained for vending of goods, wares and merchandize; for which he shall pay twenty five cents to the clerk; and in case of failure, each hawker and pedlar shall be subject to the same penalty as if he had no such license. The clerk of each Clerk of court to court shall, on each court day thoughout the year, cause a list of cause a list of such licenses as are recorded by him, to be stuck up in some public be hung up on place in the courthouse, expressing when such license was granted, each court day. when it will expire, and by what court it was granted; and in case Penalty for omis of failure, such clerk, for each omission, shall forfeit and pay the sion. sum of afty dollars, to be recovered by motion of the commissioners in any court of record, ten days notice thereof being first given. For every license granted by a commissioner under this act, he

such licenses to

shall be entitled to twenty-five cents, which shall be paid to him Fee to clerks

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A Collection of All Such Acts of the General Assembly of Virginia of a ...