ments may be found, who is hereby empowered and directed to issue a warrant directed to any civil officer of his county, commanding him to take from the possession of such non-commissioned officer, or private, or any other person, into whose possession they may come, any public arms or accoutrements intended to be collected and distributed by this act: and it shall be the duty of every such officer forthwith to obey such warrant and obtain such arms or accoutrements and deliver them to the commanding officer of the company where they have been distributed. &c. 1806. 12. And be it further enacted, That every person in whose pos- Penalty on per session any of the public arms or accoutrements have been destroy- sons who have ed, or who has lost or disposed of any contrary to law, shall be lia- lost public arma, ble to the sum of twenty dollars, to be recovered, by motion in the court of the county where such person may reside, on ten days previous notice, in the name of the governor for the time being, for the use of the commonwealth, to be certified, collected and accounted for, as forfeitures, fines and amercements are, 13. And be it further enacted, That it shall be the duty of the Officers to recommanding officers of companies to report the delinquencies under port delinquen this act of all non-commissioned officers and privates in their recies, &c, spective companies: and it shall be the duty of the majors or commandants of battalions to report the delinquencies of the commanding officers of companies within their battalions: and it shall be the duty of the commandants of regiments to report the delinquencies of commandants of battalions within their regiments to the proper courts of enquiry: Provided, That nothing in this act con- Proviso, tained shall be so construed as to apply to the arms distributed by the executive, under the act passed the twenty-first day of January, one thousand eight hundred and one, entituled, “An act to arm the militia of certain towns." 14. And whereas it sometimes happens, as the law now stands, Regulations that the officers of regiments are prevented by bad weather or other where court of unavoidable accidents from holding regimental courts of enquiry been held. enquiry has not within the time now limited by law; for remedy whereof, Be it further enacted, that whenever a regimental court of enquiry shall be prevented from being holden within the time now limited by law, by bad weather or other unavoidable accident, the commandant of any such regiment is hereby authorised to appoint another day for holding such court; Provided, Such day shall not be within less than eight days, nor more than fifteen days after the day last appointed for holding such court; and if a sufficient number of officers shall again be prevented from attending, it shall be lawful for such commandant to renew his appointment as above directed, from time to time for thirty days from the day first appointed for holding such court; reasonable notice being given to the officers and privates of such regiment, of the time and place of holding such court. 15. And be it further enacted, That in any case which has happened within this commonwealth, within twelve months last past, where a regimental court of enquiry has not been held, from the causes above-mentioned, it shall be lawful for the officer commanding such regiment, within ninety days after the passage of this act, to appoint and hold a regimental court of enquiry, in the same mannar and for the same purposes, as if such court had been held with 1806. Commencement. in the time limited by law; reasonable notice being given to the officers and privates of such regiment. 16. This act shall commence and be in force from and after the passing thereof. CHAP. CXI. An Act concerning the Internal Regulations of the Penitentiary Penitentiary law 1. Certain powers granted the exe. cutive. Certain other B House.* [Passed January 20, 1807.] E it enacted by the General Assembly, That so much of any act or acts as requires that a board of inspectors shall be appointed for the government of the jail and penitentiary house, and ascertains their powers and duties ;(a) and so much of any act or acts as empowers the said inspectors, with the executive and the attorney general, to form a board, with power to prescribe rules for the internal government of the said jail,(b) shall be and the same are hereby repealed. 2. Be it further enacted, That it shall and may be lawful for the governor, by and with the advice and consent of council, from time to time to make and ordain all such rules and regulations as to them shall seem expedient, for the purchase of materials for the manufactories carried on within the jail and penitentiary house, and the tools and implements nccessary therein; for contracting for the clothing and diet of convicts; for the sale of articles by them manufactured; for providing for and enforcing all such punishments by solitary confinement, low and coarse diet, or by stripes not exceeding thirty-nine, as may be necessary for punishing offences, disobedience, profane cursing and swearing, indecent behaviour, idleness and other breaches of duty and good order, committed within the jail and penitentiary house by the convicts therein confined; which rules and regulations so ordained and established, it shall be the duty of the keeper, his clerks, assistants and turnkeys to obey and execute. 3. Be it further enacted, That in addition to the powers hereby powers granted. vested in the governor and council, it shall and may be lawful for them from time to time to execute any or all of the powers and duties at any time heretofore vested in, or enjoined upon, the mayor of the city of Richmond,(c) the court of the said city,(d) the inspectors, or the inspectors with the governor and council and the attorney general, whenever the exercise of all or any of the powers aforesaid shall to them appear expedient and necessary for the good government of the jail and penitentiary house. Executive to 4. Be it further enacted, That so much of any act or acts of ascontract for diet, sembly as allows to the keeper of the said jail any commission or See Revised Code, vol. 1, ch. 200, pa. 355-ch. 264, pa. 402-ch. 279, pa. 410 -ch. 284, pa. 413-ante ch. 16-ch. 21-ch. 41-ch. 55. (a) See Rev. Code, vol. 1, ch. 200, pa. 355. (b) Ante ch. 41, sec. 5. (e) Rev. Code, vol. 1, ch. 200, sec. 36. (d) Ibid, sec. 35, 37, 38-Rev. Code, vol. 1, ch. 284, sec. S. A &c. 1805. commissions upon the purchase or sale of any article or manufacture, shall be, and the same is hereby repealed:(a) But the goremor, with the advice of council, may nevertheless contract with raw materials, the said keeper, or with any other person or persons, for the diet and clothing of the prisoners; for the purchase of materials, tools and implements, and for the sale of wares and merchandize manufactured within the said jail, on such terms as to them shall seem most advisable for the public interest, and from time to time may make such reasonable allowances, or commissions on the objects aforesaid, as they shall deem proper. 5. The said keeper shall compel every prisoner to perform his Keeper to com daily labor, unless such prisoner shall have been placed on the list pel prisoners to perform their of invalids by the physician, whose duty it shall be to visit the pe- duties. nitentiary once in every day (Sundays excepted) from the first of July to the first of November, once in two days the residue of the Duties of Physiyear, for the purpose of examining the convicts as to their health and ability to work. sian. 6. The salary of the physician appointed by the executive to vi- Physician's salasit the jail or penitentiary, shall be five hundred dollars, to com- ry. mence from the first day of January, one thousand eight hundred and seven. 7. This act shall commence in force from and after the passing Commencement. thereof. i 1. CHAP. CXII. An Act concerning the distribution of Public Arms.* [Passed January 21, 1807.] BE it enacted by the General Assembly, That it shall be the Executive to dis duty of the executive to distribute the public arms now on hand, in the capitol, barracks and armory, and which shall be hereafter manufactured, by forwarding them to the colonel commandant of each regiment, so as that there shall not remain at any time undistributed a greater number than three thousand muskets, one hundred and fifty rifles, one hundred and fifty pistols, and one hundred and fifty swords. tribute publi arms. 2. The arms remaining undistributed shall be kept in the ar- Arms to be kept in armory. mory. 3. It shall be the duty of the executive, after arming the militia Certain towns & of the towns of Richmond, Norfolk, Fredericksburg, Hampton and counties to be Petersburg, and the counties of Henrico, Chesterfield, Dinwiddie armed. and Norfolk, according to the provisions hereafter mentioned, to distribute arms to every regiment in the commonwealth, in proportion to its strength. 4. A receipt shall be taken from every colonel for the arms de- Colonels to giv livered to him, and he shall be answerable to the state for the va- receipts for lue thereof, unless he delivers the same over to the commanding arms. officers of battalions. (a) Rev. Code, vol. 1, ch. 200, sec. 37. See ante ch. 41, and notes subjoined. 1806. 5. The commanding officers of battalions shall be answerable to the state unless they deliver the same over to the commanding offiMajors, when li- cers of companies. able for arms. Captains, when liable. What persons to be armed. Light compa armed. 6. The commanding officers of companies shall be answerable to the state for the value of the arms received, unless they distribute them as hereafter is provided. 7. There shall be delivered to every freeholder and responsible house keeper, arms for himself, if he is on the militia roll, and for every son he may have who is on the militia roll, and a member of his family. There shall also be delivered to every militia man, who is not a freeholder or responsible house keeper, arms for himself, if a freeholder or responsible house keeper will join him in a receipt for the same. 8. In the future distribution of the public arms, the light comnies, how to be panies shall be armed by entire companies, in the first place with the arms which have been or shall be manufactured for the light infantry, and the rifle companies with rifles; and the arms now in the hands of the said light companies shall, in that event, be distributed amongst the body of the militia. Loss of arms, how to be compensated for. Penalties on offenders. Fines for not keeping arms, &c. in order. Captains to examine arms and make report. 9. In case of loss of arms, satisfaction for the same, to be awarded by the courts martial, shall be made by the person or persons who shall have received the same, to the commonwealth, at the following prices; for a musket, twenty dollars; for a ramrod, one dollar; for a bayonet, two dollars; for a cartouch box, two dollars; for a pistol, five dollars; for a sword, ten dollars; for a pair of holsters, five dollars, and for a rifle, thirty dollars. 10. If any militia man, or other person, shall sell, buy or give away, any part of the public arms, or carry the same out of the bounds of his regiment, with intent to defraud the commonwealth, he shall be considered as guilty of a misdemeanor, and being convicted thereof at any time within five years, on information or indictment, in any county or district court, shall be amerced in a sum not exceeding fifty dollars, and imprisoned for a term not exceeding twenty days, at the discretion of the jury. 11. Be it enacted, That each non-commissioned officer or private, who shall have been or may be armed by the public, shall be fined fifty cents for each article of his accoutrements which shall be out of order; and it shall be the duty of the captain or commanding officer of every company armed as aforesaid, to note down at every muster, each and every breach of this law, and make report of the same to the battalion court of enquiry. 12. Be it further enacted, That it shall be the duty of every captain, in the hands of whose company, there are or may be public arms, at the next April muster, and at every subsequent muster, to examine the same, and make report of such arms as are out of order, to the colonel commandant, whose duty it shall be to have the same repaired, the expense of which, shall, by order of the colonel, be paid out of the militia fines of the regiment; or any money in the treasury proceeding from militia fines, not heretofore appro priated 13. The executive shall cause such public arms in the city of Richmond, as need repair, and are worth repairing, to be immediately repaired at the armory. Executive to have arms re cers, &c. to pre vent loss of arms 14. It shall be the duty of all militia officers, justices of the peace, paired. sheriffs, sergeants and constables, to seize all arms, that they shall Duties of offihave cause to believe belong to the state, and are sold, given or carried away as aforesaid; and if any suit is brought against any such officer, for any such seizure, the onus probandi shall lie on the plaintiff, and the officer shall not pay any costs. 15. If any commanding officer of the company shall observe the Fine for arms bearms in possession of any non-commissioned officer or private there- ing in bad order, of to be injured or kept in bad order, he shall report the same to the next battalion court of enquiry, who shall assess a fine on such noncommissioned officer or private, of not less than two, nor more than twenty dollars, and he may at his discretion seize and take away such arms. kers not com pelled to receive 16. Any freeholder or house keeper, not being a quaker, dunker Quakers, menoor menonist, refusing to receive public arms when tendered to him, nists and dunshall forfeit twenty dollars for every refusal, to be assessed by the battalion court of enquiry, and it shall be the duty of the officer to arms. repeat the tender of such arms from time to time as shall be convenient. 17. Nothing in this act shall be construed to prevent arming the Proviso, militia by entire companies. 1. 18. This act shall be in force from the passage CHAP. CXIII. thereof. An Act imposing Taxes for the Support of Government.* [Passed January 21, 1807.] Commencement, E it enacted by the General Assembly, That the public taxes Taxes for 1806 as follows, to wit: On lands for every hundred dollars value, agree- See ante ch. 85, as to the collection of the taxes-See also ante ch. 18, and notes subjoined. |