1803. a patrole. Their powers & duty. be held as therein are directed, to be composed of militia officers only, for the trial of any person in the militia, but to the cashiering of any officer, or capital punishment of any person, the approbation of the executive shall be necessary; and when any militia shall be in actual service of the state, they shall be allowed the same pay and rations as are allowed by law to the troops of the United States. Commanding of- 46. And be it further enacted, That the commanding officer of eficer of every battalion to appoint very battalion shail from time to time as he deem it necessary, may appoint an officer or non-commissioned officer, as the case may be, and so many men of the militia as to him shall seem necessary, once in every month or oftener if thereto required by such officer, to patrole* and visit all negro quarters and other places suspected of entertaining unlawful assemblies of slaves, servants, or other disorderly persons as aforesaid, unlawfully assembled, or any others strolling from one plantation to another without a pass from his or her master or mistress, or overseer, and take them before the next justice of the peace, who, if he shall see cause, is hereby required to order every such slave, servant, stroller or other disorderly person as aforesaid, to receive any number of lashes not exceeding twenty, on his or her bare back; and in case one company of patrollers shall not be sufficient, more companies may in like manner be ordered for the same service, and after every patrole, the officer of every party shall once in every three months, at least, or oftener if required by the commander of the battalion, return a report in writing upon oath, to the court of the county in which he shall reside, and if the said court shall judge the said patrollers to have performed their duty, they are hereby empowered to levy seventy-five cents for every twelve hours each of them shall so patrole, and every officer failing to appoint patrollers according to the directions of this act, shall forfeit Penalty for fai- and pay twenty dollars for every such failure; and every sergeant Jure of duty. failing to notify the number of privates ordered by such officer, or to attend such patrole shall forfeit and pay for every such failure three dollars; and every patrole failing to attend and do his duty, shall forfeit and pay one dollar; which fines shall be laid, collected, accounted for, and appropriated as is herein directed in other cases of fines. Their pay. Compensation to the adjutant ge neral. To the brigade inspectors. 53, sec. 1. 47. And be it further enacted, That the adjutant general shall be allowed three hundred dollars per annum to be paid quarterly as a full compensation for all the duties imposed on him by law, and each brigade inspector shall be allowed eight dollars for every day he shall attend the training and regimental muster, and ten cents per mile he shall necessarily travel in going and returning; which shall be certified by the commanding officer of such regiment, and paid by the treasurer on warrant from the auditor out of any moFor failing to at. ney in the treasury. And if he shall fail to attend at any time, it tend some other shall be lawful for such commandant to appoint some officer to perofficerto perform form the duties required of such brigade inspector who shall retheir duty, & fin- ceive the same compensation per day, and which shall be certified ed unless good in the same manner as is herein before directed, in the case of the brigade inspectors for their attendance, and the said brigade inspectors shall moreover be liable to a fine of twelve dollars for every day they shall fail to attend, without having a reasonable excuse. excuse be given. Magistrates may also order out patroles. See Revised Code, volume 1, page 1803. 48. And it shall be the duty of the said brigade inspectors to make their annual returns to the adjutant general, on or before the irst day of April in every year, under the penalty of fifty dollars They shall make for every failure. 49. And for the purpose of ascertaining what tribunal shall have power to award judgment for penalties herein imposed on brigade inspectors for a failure of duty, Be it further enacted, That it shall be the duty of the commanders of regiments wherein any delinquency shall take place, or the adjutant general, where any brigade inspector shall fail to make his return as herein directed, to inform the brigadier general, commanding such brigade, thereof, who shall thereupon lay the same before the regimental court of enquiry, within the bounds of which such brigade inspector shall reside; and it shall be the duty of such court to direct that notice be given to him to appear at the next succeeding regimental court of enquiry; at which if such notice has been given, the matter shall be determined as in other cases of delinquencies; which fines shail be collected and accounted for as other fines. 50. The commanding officers of regiments are hereby empowered to receive the commission of any officer of his regiment, who may think proper to resign, and shall notify such resignation to the next succeeding court, in order that such vacancy may be supplied. 51. All arms, ammunition and equipments of the militia, shall be exempted from executions and distresses at all times, and their persons from arrests and process in civil cases, while going to, continuing at, or returning from musters, and while in actual ser rice. 52. The militia of the City of Williamsburg, City of Richmond, and Borough of Norfolk, shall have their officers appointed, and be under the same rules and regulations, as the different counties. 53. The fines and penalties incurred by infants and apprentices for the breach or neglect of their duty, in any particular service by law required of them shall be paid by the parent, guardian or mas ter. annual returns. How judgment shall be awarded for penalties incurred by br gade inspectors. Commanding of ficerɔ may remission of any officer of his regi• ceive the com ment resigning. Arms, ammuni tions, &c. free and persons from arrests while going & returning or on duty. from executions How fines incurred by infants apprentices shall be paid. A regimental staff to be aps pointed. Their duty & pay. 54. It shall be lawful for the lieutenant colonel commandants and they are hereby required to appoint a regimental staff, to consist of one adjutant, one quarter master, one pay master, one surgeon, and one surgeon's mate, and it shall be the duty of the adjutant, to attend the several regimental and battalion musters, as also the meeting of the officers within his regiment, to assist in the necessary training of the militia, and shall receive for such service such compensa- [ Pay of aution as shall be adjudged and allowed by the regimental court off at six dollars a dayenquiry, to be paid by order of the commanding officer of the re- See pest ch. 53, giment, out of the fines to be collected by virtue of this act. sec.3.] 55. And whereas inconveniencies have arisen from the want of a Persons may be safe and speedy conveyance of orders from the major and brigadier employed to congenerals, to the commanding officers of corps, respecting the militia bigadier genethe major & of this commonwealth; for remedy whereof; Be it enacted, That ral's orders the major generals and brigadier generals are hereby empowered * See post ch. 84, sec. 7. No officer can resign in less than five year, after q talification without the consent of the regimental court of enquiry, or the catculive. 1803. Their pay. and authorised to employ some person within their respective districts to convey all such orders, who shall be exempt from all other militia duty, and shall receive such compensation as the court of enquiry of the regiment in which district he shall reside shall think proper, on his producing a certificate to the court of his having disHow to be paid. charged the said services. And it shall be the duty of the auditor by order of the executive to issue his warrant on the fund arising from militia fines, and the treasurer shall pay the amount thereof. Drummers & fif 56. And be it further enacted, That the commanding officer of ers to be instruc- each regiment shall cause to be enlisted so many drummers and fited in their duty. fers as he shall deem necessary for his regiment who are to meet on the days appointed for the training of the commissioned officers there to be instructed in their respective branches of music, for which purpose the commanding officer of the regiment may employ such persons as he may think proper and capable to instruct them, Their pay, also, and shall direct in what manner they shall be instructed. The retheir instructors. gimental courts of enquiry shall determine the allowance to be made to the persons employed to instruct them as also to the drummers and fifers while convened for the purpose of receiving such instruction, which allowances shall be paid on the order of the commanding officer of the regiment, out of the fines collected under this act. Militia to bearmed in par. How to be distributed. 57. And for the purpose of arming the militia of this commonwealth, Be it further enacted, That the executive be, and they are hereby authorised and directed, where the same has not already been done, to distribute without delay amongst the several regiments of militia, according to their strength as ascertained by the last returns of each, two thirds of all the arms and accoutrements belonging to the state, as well those on hand as those that may hereafter be procured under appropriations already made by law, Provided, That before the delivery thereof, they shall cause each musket and cartridge box to be stamped with the name of the county and number of the regiment, to which they may be allotted. 58. And be it further enacted, That it shall be the duty of each and every officer commanding a regiment to receive such arms and accoutrements when they shall be offered, and grant a receipt therefor to the governor, for the time being, describing their condition [See post ch. 84, further duties, & at the time of such receipt, and shall moreover deliver the same to additional penal- the officers commanding battalions in such regiments, in like proties, respecting portion. And it shall be the duty of officers commanding battaliarms distributed -Further regu ons respectively, to receive all such arms and accoutrements, and lations, post ch. grant a receipt therefor, to the officer commanding the regiment, 110, & ch. 112.] stating their condition at the time of such delivery, and shall moreover deliver the same to the several officers commanding companies in the respective battalions, in due proportion, according to the number of men belonging to such companies, it shall be the duty of each officer commanding a company to receive the same and grant a receipt therefor, to the officer commanding the battalion, describing in like manner the condition of such arms, and shall moreover deliver the same into the hands of his non-commissioned officers and privates, in such manner as may be directed by the commanding officer of the regiment, and it shall be the duty of all non-commissioned officers and privates to receive such arms when they shall be offered and grant a receipt for the same, making themselves liable for the safe keeping thereof, and for their delivery when legal ly called on for that purpose. It shall be the duty of all persons in 1803. the militia who receive into their possession public arms, according to the direction of this act, to keep the same in neat and good or- Persons receiv der, the musket barrel and bayonet free from rust, and bright, the ing such arms to lock clean, well oiled, and with a good flint, and to appear with good order. keep them in such arms at every muster where by law they are obliged to appear, and at all other times when they may be called on duty, and at all musters the officers in their respective stations, shall be diligent and careful in training and instructing their men and inspecting their arms, in noting delinquencies, and making report thereof as herein after directed. turn the arms. 59. If any person in the militia possessed of public arms as afore- Persons remove said, shall be about to remove out of the limits of the company to ing or exempted which he belongs, or during such possession arrive at the age of from duty to re forty-five years, or in any other manner have a right to be discharged from militia duty, every such person before such removal, or before he shall be entitled to any such discharge, shall deliver to the officer commanding the company to which he belongs in good order, and unimpaired, such public arms as may have been delivered to him, and if any person so possessed shall die, it shall be the duty of the officer commanding the company to which he belonged, immediately to take possession of such arms, inspect and take care of them, in the manner herein after directed, to be delivered to some other person in his company in manner before directed. company. 60. It shall be the duty of the commanding officers of companies Commanding of from time to time to inspect the public arms in the' possession of ficer to inspect the non-commissioned officers and privates of their companies, and the arms of his where it shall appear to him that any such arms are not in the condition required by this act, it shall be the duty of such officer to report the same as other delinquencies, and if it shall at any time come Howpersons disto his knowledge that any one of his company has embezzled or dispos- posing of or reed of his arms, or has removed out of the limits of his company, returning their moving without without delivering them up as herein before directed, in all such cases arms, may be pu it shall be his duty immediately to proceed by and under the authority nished. of a warrant according to law, issuing from any justice of the peace of the county or counties, where such arms or any part thereof are supposed to be to regain the possession of such arms wherever the same may be found, and it shall moreover be the duty of such captain to proceed as is herein after directed, to bring to punishment according to this act, every person offending in the disposing, buying or concealing such arms. 61. And be it further enacted, That any non-commissioned off- Any soldier sell. cer or soldier, who shall attempt to transfer a right to the said arms ing and any per in his custody, or to any part thereof, by sale or otherwise, to lic arms, shall be son buying pubany person or persons, accompanied with actual delivery, as well med. every person so offending, as every person purchasing or concealing the said arms, knowing the said arms to be the property of the public, shall forfeit and pay for each offence the sum of fifteen dollars, to be recovered in the name of the commonwealth, by motion in tice. any court of record within this state, Provided such person, his Provided they agent or attorney shall have ten days previous notice of such moti- have ten days noon, and the right of the commonwealth to such arms, shall not by such or any other mode of transfer, be impaired or taken away. 1803. diers and infant 62. And whereas the several companies of artillery, grenadiers, light infantry, riflemen and troops of cavalry are allotted into classes Artillery, grena- by entire companies and troops; Be it therefore enacted, That the ry to be armed governor cause them to be armed by entire troops and companies agrecable to their respective numbers, beginning at number one in each regiment, as soon as the arms necessary for that purpose can be obtained, and they shall be subject to the same rules and regulations for the safe keeping the said arms, as are prescribed by this act to the rest of the militia. entirely. Proviso. 3000 copies of 63. Provided, That nothing in this act contained shall be constru ed as a repeal of the act, entituled, "An act concerning patroles," or of the act, entituled "An act for the distribution of arms in certain cases.' 64. And be it further enacted, That the executive shall cause to this act to be dis- be printed three thousand copies of this act to be distributed by them to the officers of the several regiments of militia in this commonwealth. tributed. Commencement. Preamble. Rents for warehouses. Owners of ware 65. This act shall commence and be in force, from and after the first day of April next. CHAP. XXXVII. An Act, to amend an act, reducing into one, the several acts, for the W [Passed January 30, 1804.] HEREAS it is represented to this General Assembly, from the enlarged size of tobacco hogsheads, and from other causes, the rates of rent hitherto allowed and paid to the proprietors of brick and stone warehouses, as well as of wooden warehouses, do not sufficiently compensate the said proprietors for the use of the same; for remedy thereof, 1. BE it hereby enacted, That the rents of the several warehouses which are now established, shall be, and the same are hereby, fixed at the following rates: All warehouses built with brick or stone, and covered with tiles or slate, shall be allowed and paid a rent, for the use of the same, of fifty cents for every hogshead of tobacco, which hereafter shall be received, inspected or delivered out of such warehouses respectively; and all warehouses built with wood, shall be allowed and paid the same rent, thirty seven cents and one half of a cent whereof, shall be paid by the inspectors to the proprietors of the said warehouses, and the balance thereof shall be paid into the public treasury of Virginia, in like manner with other sums, which are collected by them and paid into the said treasury, in pursuance of the act of assembly, reducing into one the several acts, for the inspection of tobacco. 2. And be it further enacted, That no proprietor of a warehouse houses disquali- shall hereafter be appointed an inspector or commissioner thereof; fied from being and all inspectors or commissioners, who shall hereafter become proinspectors or commissioners prietors of any public warehouses, shall thereby be disqualified from thereof. * See Rev. Code, vol. 1, ch. 135, pa. 252—ch. 154, pa. 310-ch. 207, pa. 365—ch. 214, pa. 369-(ch. 278, pa. 409, concerning the manufacture of tobacco; amended ante ch. 32, and post ch. 73, sec. 4.)-See also post ch. 46-ch. 58-ch. 73. |