gainst, and prosecute every free negro or mulatto who shall keep or carry any arms or ammunition contrary to this act. 1805. 3. If any free negro or mulatto who shall have been convicted Penalty for of keeping or carrying arms or ammunition, shall a second time of breach. fend in like manner, he shall, in additior to the forfeiture aforesaid, be punished with stripes, at the discretion of the justice, not ex ceeding thirty-nine. 4. This act shall commence and be in force from and after the Commencement first day of June next. CHAP. LXXXIV. An Act further to amend the several Acts concerning the Militia of 1. B this Commonwealth.* [Passed February 4, 1806.] tributed to be E it enacted by the General Assembly, That it shall be the Public arms duty of each officer commanding a company of militia in heretofore dis this commonwealth, to cause all the public arms heretofore distri- called in. buted in his company, to be produced to the major or commandant of the battalion to which he shall belong, at the battalion muster in May next; and it shall be the duty of such major or commandant to cause such arms, with those hereafter issued, to be dis- Militia to be tributed to companies, so that one company may be completely arm- armed by com. ed, before any arms shall be distributed to any other company, and panies. so continuing to arm by companies until the whole shall be armed. And where there is a light or flank company attached to any batta- Light or flank lion, the number whereof is complete, such company shall be first companies to be armed; and where there shall be more than one such company, the major, or commandant, shall determine by lot which of such companies shall be first armed; and where there shall be no light or flank company attached to the battalion, the major or commandant shall determine by lot which company in the battalion shall be first armed. first armed. 2. And be it further enacted, That each non-commissioned officer Fine for not at tending muster and private armed as aforesaid, who shall fail to appear on parade, &c. on the days appointed for holding their respective musters, with his arms and accoutrements in complete order, shall be fired in a sum not less than seventy-five cents, nor more than two dollars, to be assessed by the court of enquiry, who, in assessing the fine, shall have regard to the degree of the delinquency, and the ability of the delinquent to pay. to receive arms, &c. 3. And be it further enacted, That each non-commissioned Fine for refusing officer or private who shall refuse or neglect to receive any arms or accoutrements, when offered to him, or to give a [See post.ch. receipt for the same, except such refusal be made by a quaker or 110, 112, further menonist, shall be fined in a sum not exceeding ten dollars, to be regulations con assessed by the battalion court of enquiry, to be collected and ac- cerning the distribution of pub counted for as other militia fines; and for failing to deliver such lie arms.] arms and accoutrements when required by the officer commanding the company, he shall forfeit and pay the sum of twenty dol.ars, to be assessed as aforesaid. And where any non-commissioned officer or private shall remove out of the limits of his company dis See ante ch. 36, and the notes subjoined. 1805. Duty of officers commanding companies. Duties of field officers. Penalties on of ficers. Artificers in manufactory of arms to be embodied; &c. trict, without delivering to some commissioned officer of the company in which he stood enrolled, all arms and accoutrements in his possession belonging to the public, he shall forfeit and pay the sum of twenty dollars, to be recovered by warrant or attachment, before any justice of the peace, for the use of the commonwealth. 4. And be it further enacted, That it shall be the duty of officers commanding companies, to carry the foregoing regulations into effect, so far as relates to their respective companies, and the preservation of their arms; and that it shall be the duty of the officers commanding battalions, to attend the musters of the several companies, armed as aforesaid, at least once in every year, for the purpose of reviewing such companies, and inspecting their arms. And it shall be the duty of the commandants of regiments, in like manner, to attend each battalion muster in his regiment, for the pur pose of reviewing the same and inspecting their arms. 5. And be it further enacted, That if any officer commanding a company, shall fail to comply with the duties prescribed by this act, he shall forfeit and pay twenty dollars. And if any major or commandant of a battalion shall fail to comply with the duties hereby prescribed, he shall forfeit and pay thirty dollars; and commandants of regiments failing to comply with the duties hereby imposedon them, shall for every failure forfeit and pay forty dollars each. 6. And be it further enacted, That the artificers employed in the manufactory of arms in the city of Richmond, shall be embodied in one or more companies, as the executive may direct, and be commanded by such officers as the governor, with the advice of council, may appoint and commission; and shall be an independent corps, and act as a guard to the manufactory of arms, whenever the executive may direct or require the same. Officer prohibit- 7. And be it further enacted, That no officer hereafter accepting ed from resign- a commission in the militia of this commonwealth, shall be at libering for five years. ty to resign the same for the term of five years after qualification, without the consent of the regimental court of enquiry, or of the executive of this commonwealth. Regulations as to uniform. Commencement. Commissioner to grant licenses 8. And whereas a difference of opinion at this time exists among the officers, as to their uniform when on duty; and for remedy thereof, Be it enacted, That the executive shali, and they are hereby authorised to declare by proclamation, what shall be the uniform of the militia of this commonwealth; and the several officers shall be governed accordingly. 9. This act shall commence and be in force from and after the passing thereof. CHAP. LXXXV. An Act to provide more effectually for the Collection of Taxes.* [Passed February 5, 1806.] 1. B E it enacted by the General Assembly, That upon any person producing to any commissioner of the revenue for his Although this act is a literal transcript of the act of the last session, (1804, ch. 2, pa. 1-ante ch. 65,) except so much of the third section as relates to the taxes of certain towns, yet it is deemed proper to insert it in this collection; because the legislature seem to have considered it so far a permanent law, that they did not re-enact it in the session of 1806.-The act imposing taxes is the same in substance with that of the preceding year, (ante ch. 63,) and therefore it is unneces sary to insert it. 1805. county, district, or corporation, or to the clerk of the court if there be no commissioner, a receipt for forty dollars, paid to the sheriff or collector, such cómmissioner or clerk shall grant to such person for wholesale & alicense to sell merchandize of foreign growth or manufacture, by retail of goods. wholesale and retail, for and during the term of twelve months; or if the said receipt shall be for fifteen dollars, such person shall in like manner receive a license to retail such goods for the same time; and if any person shall sell such merchandize either by wholesale or Penalty for sellretail, on land, or on board any vessel, without having obtained ing without li such license, such person shall forfeit and pay one hundred dollars, cense. to be recovered by the commissioners of the county, district, or corporation, in any court of record, on ten days previous notice, for the use of the commonwealth; of which licenses and fines, the commissioners shall annually, in their books, return a list to the auditor of public accounts, on or before the fifteenth day of September, specifying the names of the persons, which shall be evidence whereupon to charge the sheriff or collector: Provided always, Provisó. That if there be no such sheriff or collector, the clerk of the court shall have a right to receive the tax, to be accounted for in like manner as other taxes by him received, and his receipt shall entitle the party to a license in the same manner as the receipt of the sheriff or collector: Provided nevertheless, That not more than one tax shall be paid on account of selling at one and the same store; and if any person or persons shall keep two or more stores, he, she, or they shall pay one tax for each store. All the said licenses, shall be taken out previous to the first day of May next, and shall be good and effectual for the term of one year next ensuing: Provided, That if any new store shall be opened on land, between the first day of May and the same day in the following year, the said tax shall be apportioned according to the time then to come of one, year, and its amount shall be specified in the license and in the commissioner's return. 2. And be it further enacted, That the 'act concerning hawkers Each hawker & and pedlars shall be so construed as to make it necessary for each pedlar to obtain hawker and pedlar to obtain a licenses that it shall be the duty of a license. the commissioners to report to the courts of their respective counties, such merchants, hawkers and pedlars, as neglect to comply with this act; and on such report, it shall be the duty of the said court to direct process against all delinquents so reported. 3. And be it further enacted, That each hawker and pedlar after Such license to obtaining a license to sell goods, wares and merchandize, shall, in be recorded. the court of each county in which he offers goods for sale, enter on record his license obtained for vending of goods, wares and merchandize; for which he shall pay twenty five cents to the clerk; and in case of failure, each hawker and pedlar shall be subject to the same penalty as if he had no such license. The clerk of each Clerk of court to court shall, on each court day thoughout the year, cause a list of cause a list of such licenses as are recorded by him, to be stuck up in some public such licenses to be hung up on place in the courthouse, expressing when such license was granted, each court day. when it will expire, and by what court it was granted; and in case Penalty for omis of failure, such clerk, for each omission, shall forfeit and pay the sion. sum of fifty dollars, to be recovered by motion of the commissioners in any court of record, ten days notice thereof being first given. For every license granted by a commissioner under this act, he shall be entitled to twenty-five cents, which shall be paid to him Fee to clerk. 1805. for taxes. out of the public treasury, on warrant from the auditor of public accounts, after his list of licenses shall be returned to the auditor as aforesaid. Clerks of courts shall annually, on or before the first day of October, return to the auditor, a list of all licenses granted to ta vern keepers, hawkers and pedlars, by their respective courts, previous to the first day of September in every year; and every clerk neglecting this duty, shall forfeit fifty dollars, to be recovered by motion in the general court, on ten days previous notice. The clerks of courts shall also on or before the fifteenth day of DecemWhen to account ber in every year, account on oath to the auditor of public accounts, for all taxes received by them by virtue of their offices, previous to Commissioner or the first day of September in such year. A list of all licenses grantclerk to returned to merchants, shall be returned by the commissioner or clerk list of licenses to granting the same, to the county or corporation courts, for their county or corpo- examination, a certified copy of which list shall be transmitted to When list to be the auditor of public accounts, by the commissioner granting the same, in the city of Richmond, the borough of Norfolk, and the towns of Petersburg, Manchester, Falmouth, Portsmouth and Fredericksburg, on or before the twentieth day of May; and the sheriffs or collectors for the said city, borough and towns, shall, on or payable into trea- before the twentieth day of May next, and annually on or before the same day, pay into the public treasury, all monies so received in the city of Richmond, the borough of Norfolk, and the towns of Petersburg, Manchester, Falmouth, Portsmouth and Fredericksburg; and all other monies so received shall annually be accountéd for and paid on or before the first of October. ration court. sent auditor. Tax of certain towns, when sury. oner's valuation may appeal to Person aggriev- 4. And be it further enacted, That where the owner or proprietor ed by commissi- of any house or lot subject to taxation, shall think himself aggriev ed by the valuation of the commissioner, he may appeal to the court by whom he was appointed, whose judgment as to the yearly rent or value shall be final. The said commissioners, or either of them, to ascertain the rent paid on houses or lots actually rented or leased, may call on the tenant or proprietor, to declare on oath or solemn affirmation, what is the amount of rent paid for the same and every person só called on and refusing to declare, shall forfeit and pay the sum of three hundred dollars, to be recovered by motion, on ten days previous notice, at the instance of the commissioners of the revenue, or either of them: Penalty on owners of stud horses and asses for breach of law. 5. And be it further enacted, That every covering horse or jackass which shall not be duly entered as such, with the commissioners of the revenue, and all such horses and asses brought into this commonwealth subsequent to the ninth of March next, shall be li able to a treble tax, to be paid by the owner of the place where he shall stand, upon whom it shall be distrainable by the sheriff, as if the same had been entered on the commissioner's book in his name; for two thirds whereof the sheriff shall be accountable to the public, and for every failure so to account, shall forfeit two hundred dol lars, to be recovered with costs, on ten days previous notice, by the auditor, for the use of the commonwealth: Provided, That any person bringing such horse or ass into this commonwealth, entering him with the commissioner within ten days thereafter, and paying the tax to which he is liable, shall be absolved from said penalty, and such commissioner shall subjoin such horse or ass to the list of taxables. 1806. such horse or ass 6. And be it further enacted, That when any person shall remove any stud horse or jack-ass out of the limits of the county or commissioner's district wherein he is resident, after the ninth of March Rule to be obin any year, it shall be the duty of such person removing such horse served when or ass as aforesaid, to produce to the sheriff of the county into is removed. which such horse or ass is removed, a certificate from the commissioner of the county or district from which such horse or ass is removed, that such horse or ass has been duly entered with such commissioner, and the sum for which such horse or ass is entered for the season; every person failing as aforesaid, shall forfeit and pay treble the amount of the sum at which such horse or ass shall cover for the season, to be collected and accounted for by the sheriff on oath, for the use of the commonwealth. 7. And be it further enacted, That no court shall hereafter grant Person wishing to any person a license to keep an ordinary, until such person shall to keep tavern, must produce to produce to such court, the receipt of the sheriff, collector, or serge- court a receipt. ant, for the tax by law imposed on such license, which tax shall be for tax. refunded to the person paying the same, by such sheriff, collector, or sergeant, if such license be refused. Provided always, and be it further enacted, That ten days previ- Proviso. ous notice shall hereafter be necessary to any sheriff, collector, clerk, inspector, or notary public, for the purpose of recovering a judgment for any taxes, fines, or public dues of any kind, where by law the auditor is authorised to proceed against them, or any of solvents. them, by motion. No sheriff or collector shall at any time be al- Within what lowed to return any list of insolvents, or have any credit therefor, time sherifi to after eighteen months shall have expired from the period of the return list of intaxes becoming payable by such sheriff or collector, to which such list relates. A commission of five per cent. and no more, shall be allowed the sheriffs and collectors, for the collection of taxes on licenses granted to merchants, hawkers, or pedlars, any law to the contrary notwithstanding. 8. This act shall commence and be in force, from and after the passing thereof. GEPEKAL ASSEMBLY, begun and held at the Capitol, in the City of Richmond, on Monday the first day of December, one thousand eight hundred and sir. CHAP. LXXXVI. An Act concerning the attendance of Witnesses in the Inferior Courts. 1. [Passed December 19, 1806.] Commencement. •BE it enacted by the General Assembly, That in future the Witnesses at entered as in district courts. commonwealth, shall be, and they are hereby required and empow-county, may be ed to administer the necessary oaths, and to receive and enter the attendance of witnesses attending the said courts, and to grant cer Q |
