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1806. \-v-' 11ajors, when liable for arms. Captains, when liable.

What persons to be armed.

5. The commanding officers of battalions shall be answerable tes the state unless they deliver the same over to the commanding officers of companies.

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 him

self, if a freeholder or responsible house keeper will join him in a

Light compa- o nies, how to be armed.

Iloss of arms, how to be compensated for.

Fenalties on of fenders.

Fines for not keeping arms, $oc. in order.

* Captains to examine arms and make report.

receipt for the same.

8. In the future distribution of the public arms, the light companies shall be armed by entire companies, in the first place with the arms which have been or shall be manufactured for the lightinfantry, 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.

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 appropriated. *

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13. The executive shall cause such public arms in the city of 1806. Richmond, as need repair, and are worth repairing, to be immedi- *

ately repaired at the armory. Executive to have arms re

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 offhave cause to believe belong to the state, and are sold, given or car- o: ried away as aioresaid; and if any suit is brought against any such officer, for any such seizure, the onus probandishall lie on the plaintiff, and the officer shall not pay any costs.

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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.

16. Any freeholder or house keeper, not being a quaker, dunker Quakers, meno. or menonist, refusing to receive public arms when tendered to him, hists and dunshall forfeit twenty dollars for every refusal, to be assessed by the jo. ove battalion court of enquiry, and it shall be the duty of the officer to on. repeat the tender of such arms from time to time as shall be con

venient.

17. Nothing in this act shall be construed to prevent arming the Proviso. militia by entire companies.

18. This act shall be in force from the passage thereof. Commencement,

CHAP. CXIII.
An Act imposing Taxes for the Support of Government.*

[Passed January 21, 1807.]

1. Bo it enacted by the General Assembly, That the public taxes Taxes for 1806.

for the year one thousand eight hundred and six, shall be as follows, to wit: On lands for every hundred dollars value, agreeably to the equalising law, forty-eight cents; for every slave above the age of twelve years, except such as shall be or have been exempted in consequence of age or infirmity, by the respective county or corporation courts, forty-four cents; for every stud horse or jack-ass, twice the price such horse or ass covers a mare by the season ; for all other horses, mules, mares and colts, twelve cents each ; for every ordinary license five dollars on every hundred dollars of the rent of such ordinary, to be ascertained by the rent paid by the tenant, and where such tavern is in the occupation of the proprietor, the yearly value shall be ascertained by the conimissioners of the revenue: Provided, That for every ordinary license, proviso. not less than twelve dollars and fifty cents shall be paid ; for every four wheeled riding carriage, except phaetons and stage waggons, one dollar and twenty-five cents per wheel; for all phaetons and stage waggons, eighty-four cents per wheel ; and for every other riding carriage with two wheels, forty-three cents per wheel ; for

'all houses and lots in town, one dollar and fifty-six cents on every

hundred dollars of the rent thereof, to be ascertained by the rent

* See ante ch. 85, as to the collection of the taxes—See also ai to ch. 18, and notes subjoined.

1806. paid by the tenant, and where such lot or house is in the occupa

Q-y— tion of the proprietor, the yearly rent or value thereof shall be ascertained by the commissioners of the revenue, or either of them, by comparison of its value with that of other houses or lots actually rented; on every license to sell merchandize of foreign growth or manufacture by wholesale and retail, forty dollars ; on every license to retail such goods, fifteen dollars; on every license to * hawker or pedlar, twenty dollars ; Provided, That no taxes, shall be collected on lands, lots, houses, or other property belonging to this commonwealth, or to any county, town, college or seminary of learning, or attached to any house or houses for divine wors hipAnd provided also, That nothing in this act shall be so construed as to prevent any farmer or planter from selling salt, tea, sugar, coffee, spices, iron or steel, to his neighbours, when such articles were purchased as a return load on carrying his produce to market in his waggon or otherwise.

2. This act shall commence and be in force from and after the

Commencement. -
c passing thereof.

CHAP. CXIV.

JAn Act to appropriate the Public Revenue.
[Passed January 21, 1807.]

Appropriation 1. B* it enacted by the General Assembly, That the taxes and of the public re- arrearages of taxes due prior to the year one thousand welluc. eight hundred and five, and all other branches of public revenue - which arise to the commonwealth prior to the first day of January, one thousand eight hundred and eight, and the surplus of all appropriations heretofore made, shall constitute a general fund, and be appropriated in the following manner: For the expenses of the general assembly at their next session, forty thousand dollars ; for the officers of civil government, fifty-eight thousand dollars; officers of militia, four thousand dollars; criminal prosecutions and guards, thirty-five thousand dollars ; slaves executed and transported, five thousand five hundred dollars ; lunatic hospital, six thousand five hundred dollars ; Richmond public guard, fifteen thousand dollars; building the manufactory of arms, including unsatisfied claims, four thousand dollars ; expenses of manufacturing arms, including officers’ salaries and unsatisfied claims, fiftyfour thousand dollars; foundery and boring-mill, seven thousand five hundred dollars; for repairs to the James river canal warehouse, one hundred dollars; expense of public warehouses, three thousand dollars; expenses of removing convicts to the penitentiary, and of their confinement therein, including officers’ salaries, eight thousand dollars ; public services of district court clerks, two thousand three hundred dollars ; interest on the public debt registered, five thousand mine hundred dollars ; interest due persons who paid money into the treasury on account of British debts, three thousand dollars ; pensioners, five thousand dollars ; expenses of representation to congress, and the state senate, four hundred dollars; instalment on state shares in the Bank of Virginia, thirty thousand dollars ; interest payable to the bank in January and July, one thousand eight hundred and seven, nine thousand dollars; commissioners of the revenue, thirteen thousond five hundred dollars ; for contingent fund, thirteen thousand seven hun

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dred and fifty dollars; to pay the amount of warrants issued by 1807. the auditor of public accounts, as a bounty allowed by law on wolf \-Yscalps, to be paid after the first day of October next, three thousand

doiars; to pay the warrant of the auditor of public accounts, in

favor of Adam Baird and Adam Hosier, the sum of sixteen hundred and thirty-one dollars and seventy-five cents, being the amount of a judgment of the district court of Richmond, in behalf of Baird and Hosier against the commonwealth, to be paid after the first day of October next; for payment of warrants that may be drawn on the militia fine fund, four hundred dollars; for Upper Appomattox. counpany, six hundred and twenty-five dollars; to pay the debt due the estate of Robert Tucker, deceased, nineteen thousand two hundred and three dollars, thirty-three cents, to be paid after the first day of October next, with legal interest on ten thousand eight hundred and three dollars, and thirty-three cents, the principal debt, from the sixth day of January, one thousand eight hundred and seven, until the first of October in the same year. 2. This act shall be in force from and after the passing thereof. Commencement.

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CHAP. CXV.
An Act altering the Sessions of the Court of Appeals, and for other
purposes. * *
[Passed December 24, 1807.]

E it enacted by the General Assembly, That instead of the Timesofholding 1. - - - - - sessions of the times appointed by law, for the sessions of the court of ap- ...". - - ppeals peals, the terms of the said court, shall in future be held at the changed. following times in every year, and continue the number of days herein after mentioned, unless the business before the said court be sooner done; the first shall commence on the first day of March, and continue twenty-seven juridical days; the second shall commence on the fifteenth day of April, and continue forty-four Juridical days; and the third shall commence on the first day of October, and cotinue fifty-five juridical days. When any day appointed for the commencement of a term, shall be Sunday, such term shall commence on the succeeding day.

2. And be it further enacted, That is from sickness or any other Provision in case cause, a sufficient number of the judges to constitute a court, shall !ous not attend on the first day of any term, the said court shall stand jo." adjourned from day to day, for ten days successively, or until a term or of ersufficient number shall attend, and if that shall not happen before to: sociot four o'clock of the tenth day, then the court shall stand adjourned, “ and all suits depending therein, continued to the next court. And if during any session, after a court shall have been constituted, a sufficient number of judges to make a court do not attend, there shall be no discontinuance of the term, but the court shall stand adjourned, from day to day, till a sufficient number shall attend;

* See ante. ch 102,

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1807. Provided, that shall happen in ten days, and if it does not, thern Q-v- the court and all suits therein depending, shall stand adjourned to the first day of the succeeding term.

Repealing clause 3. So much of any act or acts, as is contrary to this act, shall be, and is hereby repealed.

Cominencement 4. This act shall commence in force, from the passing thereof

CHAP. CXVI.

An Act concerning the Court of Chancery for the Richmond District.*
[Passed January 30, 1808.]

Terms of the 1 Bo it enacted by the General Assembly, That the first session

court changed. of the superior court of chancery for the Richmond district, shall hereafter commence on the first day of February; the second session, on the first day of June ; and the third session, on the first day of September, in each year; and each session shall continue twenty-four juridical days, if business requires: When any of the said days shall be Sunday, such term shall commence on the succeeding day.

Chancellor may 2. Be it further enacted, That nothing in this act shall prohibit grant appeal, &c. the judge in the court of chancely, of the Richmond district, from - granting an appeal on any judgment given in the last September term, for good cause shewn, between the first day of February next, and the first day of May mext. Process which 3. All process which has issued from the said court, returnable to issued, how to the first or seventeenth days of the next term, shall be returnable returnable. on the days in the month of March next, which would have been - the first or seventeenth days of the session of the said court, if this act had not passed.

Executive to pro- 4. The executive shall procure a proper seal for each of the su

*::::::: o perior courts of chancery.

cho ‘ry. 5. This act shall commence and be in force, from and after the Commencement. passage thereof.

CHAP. cxvii.

An Act Explanatory of the Act, entituled “An Act, Concerning the
Election of Members of General Assembly.t

[Passed January 15, 1808.] Preamble w W THEREAS doubts have arisen as to the proper construction

of the second section of the act, entituled, “an act, concerning the election of members of general assembly,” with a view therefore of explaining the same;

Residents alone al Be it enacted and declared, That no person inhabiting within

jo so. the district of Columbia, or elsewhere not within the jurisdiction

Qius. of this commonwealth, shall be entitled to exercise the right of suffrage therein, except citizens thereof employed abroad in the service of the United States, or of this commonwealth, and whose foreign residence is occasioned by such service.

Commencement. * hi. act shall commence and be in force from the passing thereof.

* See ante ch. 103, and notes subjoined. f See ante ch. 5, and notes.

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