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Preamble,

&uard established.

Courts martial not authorised to inflict capital punishment.

Military stores removed to Richmond.

* No. XII.

CHAP. I. An Act to Establish a Guard in the City of Richmond. [Passed January 22, 1801–Acts of 1800, chap. 62, pa 34.) Who it is expedient in the present crisis of affairs, that proper guards should be kept for the security of public property, in the City of Richmond, 1. BE it therefore enacted by the General Assembly, That for the purpose of guarding the public property, in the city of Richmond, the governor shall, with the advice of council, cause to be enlisted a company of citizens of the United States, not exceeding sixtyeight men, including non-commissioned officers and musicians, to

serve for three years, unless sooner discharged by law. The com

missioned officers of the said company shall be one. captain, one lieutenant, and one ensign, who shall be appointed and commissioned by the governor, with the advice of council. The pay per month of the officers and men shall be as follows: to the captain forty dollars; to the lieutenant thirty dollars; to the ensign twenty-six dollars; to the sergeants each eight dollars; to the corporals each seven dollars; to the musicians each seven dollars; and to the privates each six dollars, And the commissioned officers, non-commissioned officers and privates shall receive the same rations, and the non-commissioned offcers, musicians, and privates the same clothing as are allowed by the laws of congress, to infantry, in the service of the United States. The officers and soldiers of the said company shall be subject to the same rules and regulations, and to the same punishment for offences as the troops of the United States are subject to, by the laws of the United States; but in no case shall the punishment of death be inflicted on any offender, under the authority given by this law. The three commissioned officers of the said company shall be sufficient to hold a court martial, for the trial of any of the non-commissioned officers, musicians or privates; and in case of the death, absence or inability, of either of the said commissioned officers to attend the court martial for the trial of any non-commissioned officer, musician, or private, it shall be lawful for the lieutenant colonel commandant of Henrico to summon any commissioned officer, or officers, of the militia, to supply such vacancy; but in every such court which shall be held, one, at least, of the commissioned officers of the said company shall be a member of the court. A court martial for the trial of any of the commissioned officers shall consist of thirteen members, and shall be composed of one, or both, of the other commissioned officers, and as many militia officers as will make a court; which militia officers shall be summoned to attend by the said lieutenant colonel commandant. The governor, with advice of council, shall contract for clothing and rations for the guard, and shall cause them to be stationed at such place or places, as he may deem expedient, and in all cases shall they be under his controul.

2. And be it further enacted, That the arms and stores now in the Arsenal, at the Point of Fork, shall be removed to the city of Richmond, and deposited with the other public arms. If any of the guard now at the Point of Fork choose to enlist in the said company they shall have right to do so; those who do not choose to enlist, together with the artificers, shall be discharged so soon as the arms are removed from the Point of Fork.

No. XII.

3. And be it further enacted, That the governor, with the advice of council, be authorised to rent the public property, at the Point of Fork, or otherwise provide for the safe keeping thereof, as in their judgment shall seem expedient.

4. This act shall commence from the passing thereof.

CHAP. II. z

An Act authorising the Executive to appoint a Surgeon to the Public
“Guard, and to the Prisoners confined in the Penitentiary House.

[Passed January 28, 1802—Acts of 1801, ch. 20, pa. 15.]

1 B E it enacted by the General Assembly, That the executive shall,

and they are hereby authorised and required, to appoint annually one person to act as surgeon to the public guard directed to be kept in the city of Richmond, and to the prisoners who are or may be confined in the jail and penitentiary house. It shall be the duty of such surgeon to render to the persons aforesaid, all ourgical and medical aid, which may be required of him, whe shall be, and is hereby allowed for his services to be rendered, and medicines furnished under this act, at the rate of four hundred dollars per annum, to be paid quarterly out of the public treasury, on warrant to be issued by the auditor of public accounts.

2. This act shall be in force from the passing thereof.

CHAP. III.

An Act to amend the Act, entituled, “An Act to establish a Guard in the City of Richmond.”

[Passed January 22, 1803–Acts of 1802, ch. 19, pa. 16.]

T B” it enacted by the General Assembly, That for the purpose of courtsmartal to - be composed of

holding courts martial for the trial of any commissioned of: ficer, non-commissioned officer, musician or private, of the guard established in the city of Richmond, the commanding officer of the militia of the said city, shall, upon application to him made by the commanding officer of the said guard, have the like power of summoning out of the militia of his regiment, the officers necessary for holding the said courts martial, as is granted to the lieutenant colonel ‘commandant of the militia of Henrico county, by the act, entituled, “an act to establish a guard in the city of Richmond.”

- CHAP. IV.
An Act for continuing a Guard in the City of Richmond,
[Passed January 17, 1804.—Acts of 1803, ch. 86, pa. 53.]

1 Bo it enacted by the General Assembly, That for the purpose

of guarding the public property in the city of Richmond, the guard as enlisted and established by the act passed the twenty-second day of January, one thousand eight hundred and one, entituled, “an act, to establish a guard in the city of Richmond,” shall be, and is hereby continued: Provided however, that this act shall not be construed so as to continue in service, any of the guard raised in virtue of the said act, after the commission of an offence for which

he or they ought to be cashiered or discharged, to be judged of in the manner herein after mentioned.

Public, property at the Point of Fork to be disposed of.

Enacting clause.

Executive to appoint annually a surgeon to public guard, &c.

Commencing

clause.

officers of the militia.

Guard continued

Proviso.

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Clothing to be furnished.

Commencement.

Salary increased.

No. XII.

2. The said guard, exclusive of the commissioned officers, shall consist of sixty-eight mer. incidding con-commissioned officers and mes.cians. The commissioned officers shall be, one captain, one lieutenant and one en-gn. And that the said company may be constantly kept up to the number of sixty-eight men as aforesaid, it snail be lawsui for the commanding officer of the said company, to cause to be enlisted from time to time, so many able bodied men, beinz citizers of the United States, as may be necessary, who shall serve for three years ==less they shall be sooner discharged by law. The pay or month of the officers and men, shall be as follows: to the captain forty deliars: to the lieutenant thirty dollars; to the <nsign twent--six dollars; to the sergeants each eight dollars; to the corporals each seven dollars; to the musicians each seven dollars; and to the privates each six dollars. And the commissioned officer, non-corrmissioned officers and privates, shall receive the same rations, an: the non-commissioned officers, musicians and privates the same clothi.2 as are allowed by the laws of congress, to infantry in the service of the United States.

3. The officers and soldiers of the said company, shall be subject to the same rules and regulations, and to the same punishment for offences, as the troops of the United States are subject to, by the laws thereof, except that the punishment of death shall not be inflicted

on any offender, under the authority given by this act.

4. The three commissioned officers of the said company shall be sufficient to hold a court martial for the trial of any of the non-commissioned officers, musicians or privates; and in case of the death, absence or disability, of either of the said commissioned officers, to attend the court martial for the trial of any non-commissioned officer, musician or private, it shall be lawful for the commanding officer of the thirty-third regiment, or the commanding officer of the nineteenth regiment of the militia, on application to them made by the officer commanding the guard, to summon any commissioned officer or officers, of the militia of their regiments, to supply the vacancy; but of every such court, one at least of the commissioned officers of the said guard, shall be a member for the trial of any of the commissioned officers of the said guard; a court martial shah consist of thirteen members, six of whom shall be of the rank of captains, and shall be composed of one or both of the other commissioned officers of the guard and as many militia officers, to be summoned out of the regiments aforesaid, by order of the governor, as will make a court martial.

5. The governor, with the advice of council, shall contract for clothing and rations for the guard, and shall cause them to be stationed at such place or places as he may deem expedient; and in all cases they shall be under his controul.

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

CHAP. V. An Act increasing the Salary of the Surgeon to the Public Guard and Prisoners confined in the jail and Penitentiary House. [Passed December 31, 1804.—Acts of 1804, ch.55, pa. 39.1 1 Bo it enacted by the General Assembly, That the surgeon to the public guard directed to be kept in the city of Richmond,

and to the prisoners who are or may be confined in the jail and pe

nitentiary house, shall be, and he is hereby allowed the sum of one

hundred dollars per annum, in addition to the salary now allowed

by law, payable in the manner that his salary is now directed to be

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

passing thereof. -

CHAP. VI. An Act concerning the Public Guard, and for other purposes. [Passed January 22, 1807–Acts of 1806, ch. 31, pa. 18.] 1 E it enacted by the General Assembly, That the act “for con- Act establishing tinuing a guard in the city of Richmond,” passed the seven- guard repealed. teenth of January, eighteen hundred and four, shall be and the same is hereby repealed. 2. And be it further enacted, That the executive be authorised to Executive to apappoint some proper person to sell at auction, all the provisions, .." o to clothing and other materials on hand, purchased for the use of the . * said guard, who upon paying the proceeds of such sales into the

treasury, shall for his trouble receive such compensation as the executive may deem to be adequate.

3. And he it further enacted, That the person so appointed to sell as aforesaid, shall give bond with approved security to the governor and his successors, to pay the amount of the said sales, into the public treasury, within a time to be limited by the executive, and if the person so appointed shall fail to make the payment as aforesaid, a speedy remedy shall be had, by way of motion against him and his security on the said bond, in any court of record in this commonwealth, for the recovery of the amount of the said sales, with interest thereon and costs, provided the obligor and his security, or such of them as judgment shall pass against, shall have had ten days notice of such motion.

4. And be it further enacted, That the governor be authorised to covernor authooffer to the trustees of the academy for female education in the city rised to offer barof Richmond, the use of the house formerly occupied by the pub- o: lic guard as barracks, until further provision concerning the same my. be made by the legislature.

Person so ap

pointed to give i. &c.

5. And be it further enacted, That at any time before the com- Executive may mencement of this act, the governor with the advice of council, is onio,9so - - l ismiss fr - for good cause. hereby authorised and empowered to dismiss from service any commissioned officer of the said guard, who may be deemed incompetent to the discharge of his duty, or who may be guilty of conduct unbecoming the character of an officer; and to supply any vacancy created by such removal.

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

CHAP. VII. , An Act to suspend the operation of the “Act concerning the Public Guard, and for other purposes.” tRassed December 31, 1807–Acts of 1807, ch. 12, pa. 21.] 1 Bo it enacted by the General Assembly, That the operation of Operation of the the act entituled, “an act concerning the public guard, and ...?". » - publi ruardsusfor other purposes,” passed on the twenty-second day of January, pended. - Yy -

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Preamble.

Further time allowed the com

pany.

No. XII.

one thousand eight hundred and seven, shall be, and the same is

hereby suspended until the twentieth day of January next, any

thing in the said act, or in any other act to the contrary notwithstanding.

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

- CHAP. VIII. An Act for the Security of Public Projerty in the City of Richmond. [Passed January 19, 1808–Acts of 1807, ch. 9, pa. 20.] E it enacted by the General Assembly, That the public guard in the city of Richmond, shall be reduced to one lieutenant, one ensign, two sergeants, two corporals, two musicians, and thirty privates. 2. The act of assembly, passed on the twenty-second day of Ja. nuary, one thousand eight hundred and seven, repealing the act establishing a guard in the city of Richmond, shall be, and the same is hereby repealed. 3. The laws in force relative to the public guard, previous to the passage of the said recited act, are revived, except so far as respects the number thereof. In making the reduction, the executive shall retain in service, the men most fit to perform the duty, and shall have power to dismiss any officer of the said guard, when they shall deem it expedient, and commission another in his stead.

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

passing thereof.
** - - -->

{{PTHE Follow ING Acts RELATING To THE JAMEs River, Po-
Towns Ac AND APPoMATTox CoMPANIEs, were PAssED AT THE
Session of 1807, AFTER THE APPEND1ces EMBRAcING Those
HRADs were work ED of F. IT was, THEREFor E, IMPossIBLE
To INSERT THEM IN THEIR PRoPER PLAces.”

An Act to continue and amend an Act, concerning the james River
Company.*
{Passed January 7, 1808–Acts of 1807, ch 53.pa. 53]

Wii. REAS it hath been represented, that the commissioners

appointed by the act, entituled, “an act concerning the James river company,” passed the thirtieth day of January, one thousand eight hundred and five, have not performed the duties prescribed by the said act; and it is just and reasonable, that a further time should be allowed :

1. Be it therefore enacted, That the further time of twelve months from the passing hereof, be allowed the James river company, and the commissioners appointed by the above recited act, or a majority of them, to comply with the provisions thereof; and in the mean time, the James river company, shall be permitted to collect the full tolls allowed by the act, “for clearing and improving the navigation of James river,” any thing in the first mentioned, or any other act, to the contrary notwithstanding. And whereas it ap

"This act should form ch, XVIII, of Appendix No. I, pa. (10)

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