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guard.

Their pay.

Regulations for fheir govern.

ment.

Courts Martial.

Clothing to be

furnished.

2. The said guard, exclusive of the commissioned officers, shall consist of sixty-eight men, including non-commissioned officers and musicians. Ine commissioned officers shall be, one captain, one beutenant and one ensign. And that the said company may be constantly kept up to the number of sixty-eight men as aforesaid, it shall be lawful for the commanding officer of the said company, to cause to be enlisted from time to time, so many able bodied men, being citizens of the United States, as may be necessary, who shall serve for three years unless they shall be sooner discharged by law. The pay per month of the officers and men, shall be as follows: to the captain forty deliars: to the lieutenant thirty doliars; to the ensign twente-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 officers, musicians and privates the same clothing 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 shall 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.

Commencement. 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 Fail and Penitentiary House.

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[Passed December 31, 1804.-Acts of 1804, ch. 55, pa. 39.]

E it enacted by the General Assembly, That the surgeon to the public guard directed to be kept in the city of Richmond,

No. XII.

and to the prisoners who are or may be confined in the jail and penitentiary 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 Commencement 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 BE it by the disperchion," passed the seven- Act E it enacted by the General Assembly, That the act "for con- Act establishing

teenth of January, eighteen hundred and four, shall be and the same

is hereby repealed.

&c.

2. And be it further enacted, That the executive be authorised to Executive to ap appoint some proper person to sell at auction, all the provisions, point persons to sell provisions, 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 be it further enacted, That the person so appointed to sell person so apas aforesaid, shall give bond with approved security to the gover- pointed to give nor and his successors, to pay the amount of the said sales, into bond, &c. 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 secu rity, 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 Governor autho offer 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- racks to trustees lic guard as barracks, until further provision concerning the same my.

be made by the legislature.

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 dismiss officer 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

1

Guard, and for other purposes."

[Passed December 31, 1807-Acts of 1807, ch. 12, pa. 21.ĵ

E it enacted by the General Assembly, That the operation of Operation of the the act entituled, "an act concerning the public guard, and act concerning publi guardsusfor other purposes," passed on the twenty-second day of January, pended.

Yy

Commencement.

Public guard reduced.

Act repealing act establishing guard, repealed.

Laws regulating public guard in force.

Commencing clause.

Preamble.

Further time al

pany.

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 Property in the City of Richmond. [Passed January 19, 1808.-Acts of 1307, ch. 9, pa. 20.]

1

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.

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3. The laws in force relative to the public guard, previous to 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.

THE FOLLOWING ACTS RELATING TO THE JAMES RIVER, PO-
TOWMAC AND APPOMATTOX COMPANIES, WERE PASSED AT THE
SESSION OF 1807, AFTER THE APPENDICES EMBRACING THOSE
HEADS WERE WORKED OFF. IT WAS, THEREFORE, IMPOSSIBLE
TO INSERT THEM IN THEIR PROPER PLACES.

An Act to continue and amend an Act, concerning the James River
Company.*

W

[Passed January 7, 1808.-Acts of 1807, ch 53. pa. 53] THEREAS 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 lowed the com- from the passing hereof, be allowed the James river company, and the commissioners appointed by the above recited act, or a majo rity 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.)

pears, that some of the commissioners, appointed by virtue of the. above recited act, have met to carry the same into effect; but have been prevented by circumstances, which they could not controul;

2. Be it therefore enacted, That every such commissioner, shall Mode of compe receive such compensation, as is provided by the said act, for the sation. time he shall have been employed as aforesaid, to be paid, on ap-. plication to the auditor of public accounts, who shall grant a warrant or warrants, to be paid out of any money in the treasury. And, in case it shall appear from the report of the said commissioners, to be made in pursuance of the provisions of the said act, that the ravigation of James river is not as required by law, then the amount so disbursed, shall be refunded by the James river company.

3. And be it further enacted, That Daniel Couch and Charles Additional compointed. Davis, be added to the commissioners appointed by virtue of the missioners apsaid act; and that a majority of the whole number, shall have power to proceed to carry the same into effect.

meeting chang4. And be it further enacted, That the annual meeting of the Time of annual said James river company, shall in future, be on the first Monday d in January, in each and every year, any law to the contrary notwith

standing.

5. This act shall commence and be in force, from and after the Commencement. passing thereof.

An Act concerning the Potomac Compuny.'
[Passed January 5, 1808.-Acts of 1807, ch 45, pa. 48.]

lowed Potowmac company to com.

B E it enacted by the General Assembly, That the president and Further time aldirectors of the Potowmac company, shall be, and they are hereby allowed the further time of three years, from the expiration plete the navigaof the time heretofore allowed by law, to complete the navigation tion of the Sheof the Shenandoah river, any law to the contrary notwithstanding.

nandoah.

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

An Act concerning the Upper Appomattox Company.t

[Passed February 2, 1808-Acts of 1807, ch. 88, pa. 75]

HEREAS it is represented to the general assembly, that

WHEREAS of the Upper Appomattox Company for opening

and extendia; the navigation of the river Appomattox, agreeably to an act, enutuled, "an act to amend and reduce into one act the several acts for opening and extending the navigation of Appomattox river," have become so far exhausted as will probably produce a suspension of the works of the said company, upon the canal leading from the upper end of the falls of the said river to the town of Petersburg:

Preamble.

1. Be it therefore enacted by the General Assembly, That the su- Superintendants perintendants of the said company may, and they are hereby autho- of Appomattox rised, to draw upon the treasurer of the state for one fourth of the company to draw expenses which may be necessarily incurred in completing the said on treasury. canal, and the auditor of public accounts shall issue his warrant for the same upon the treasury, which shall be paid out of any money

This act should form ch, XXIV, of Appendix No. II, pa. (33.)
This act should form eh. XIV, of Appendix No. III, pa. (54.)

therein Provided, That the said draft or drafts shall not exceed the sum of four thousand dollars; and provided further, that the said superintendants, before any money is drawn from the treasury, shall give such security for refunding the same with interest, to the the state, on or before the first day of November, one thousand eight hundred and nine, as the treasurer of the state shall approve. Commencement. 2. This act shall commence and be in force from and after the passing thereof.

APPENDIX, No. XIII,

Containing a LIST of the TITLES of all the PRIVATE and LOCAL ACTs which have passed since the October Session, 1783; together with the Titles of those of a PUBLIC NATURE which have expired, been repealed, or had their effect; and such of the same nature as are not wholly inserted in this or the first volume, which have passed during the same period. In Purvis's collection, and in the editions of 1733, 1752 and 1785, the titles of acts of the above description are printed in the body of the work, in the order in which they passed. But in the edition of 1769 they are only to be found in an appendix at the end of the book. This plan has necessarily been pursued here; because, although a list of such titles were reported to the Legislature in 1792, by the Committee of Rivisers, yet they were not published in the edition of 1794; nor were any inserted in the edition of 1803.

MAY SESSION, 1784.

Chap. IAN ACT for further continuing an act entituled, an act to ascertain the losses and injuries sustained from the depredations of the enemy within this common wealth.

warrants upon pre-emption rights, and for other purposes.

XV-To suspend the distress for the one per cent. tax on land for a limited time.

XVI-To levy certain taxes in aid of the pub

II. For further continuing an act, entituled,lic revenue, and to apply the same iu payment of the debts due foreign creditors.

an act concerning pensioners,

XVII-To amend an act, entituled, an act to

III.--To confirm to Anne and Margaret Rose their freedom and interest under the will of Wal-establish certain and adequate funds for the reter Robertson, deceased. demption of certificates granted to the officers and soldiers for their arrears of pay and depreci

IV. To establish a town on the land of Francis Conway, in the county of King George.--Portation. Conway, on Rappahannock river.

XVIII-Concerning the jail in the city of Wilprocess in the county of James City, to be com

V.-Regulating the appointment of delegates liamsburg---Persons taken on civil or criminal

to congress.

VI-Dividing the county of Monongalia-Har-mitted to the jail in the city of Williamsburg. rison county formed.

XIX-Incorporating the town of Petersburg, VII-To suspend in part the operation of an and for other puposes-The court of hustings of act, entituled, an act to amend and reduce the se. the city of Williamsburg and tough of Norfolk veral acts of assembly for ascertaining certain constituted courts of record. The court of husttaxes and duties, and for establishing a perma-ings of the city of Richmond shall have the same nent revenue into one act, for a limited time.

power of examining and trying criminals, as the VIII--Establishing a town on the lands of Cates-court of hustings of the town of Petersburg. by Jones, in the county of Westmoreland-Kinsale on Yeocomico river.

XXI-To invest the United States in congress assembled, with additional powers for a limited time.

Johnmusters.

IX-Establishing a new ferry, and discontinuing the ferry established from the lands of Jesse Shelton, to Urbanna-From the lands of Chowning over Rappahannock river to Urbanna. XI Of indemnity to certain persons. XII-To amend an act, entituled, an act for es. tablishing the town of Martinsburg, in the county of Berkeley, and for other purposes.

XIII-Imposing an additional duty of one and an half per centum on certain goods, wares, and merchandise,

XXII--To exempt Quakers from attending XXIII-To compel the delinquen' counties within this state to pay the one-eighth per cent. tax.

XXIV-Reviving the inspection of tobacco at Dymer's warehouses, & for other purposes-Petersburg warehouse, in the town of Petersburg established. The inspection at North and South Wicomico to be separate and distinct from any other. The inspections at College Landing and XIV-To revive and amend in part an act, enti-York town, to be separate & distinct inspections tuled, an act for giving further time to enter cer- XXV-Giving certain lands to Hampden Sid tificates for settlement rights, and for locating"ney college, in the county of Prince Edward

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