respectively, to receive all fuch arms and accoutrements, and grant a receipt therefor to the officer commanding the regiment, ftating their condition at the time of fuch delivery, and fhall moreover deliver the fame to the feveral officers commanding companies in the respective battalions, in due proportion, according to the number of men belonging to fuch companies. It fhall be the duty of each officer commanding a company to receive the fame, and grant a receipt therefor to the officer commanding the battalion, deferibing in like manner the condition of fuch arms, and shall moreover deliver the fame into the hands of his non-commiffioned officers and privates, in fuch manner as may be directed by the commanding officer of the regiment; and it fhall be the du ty of all non-commiffioned officers and privates to receive fuch arms when they fhall be offered, and grant a receipt for the fame, making themfelves liable for the fafe-keeping thereof, and for their delivery when legally called on for that purpose. III. IT fhall be the duty of all perfons in the militia who receive into their Militia to keep their poffeffion public arms, according to the direction of this act, to keep the fame arms in good order. in neat and good order, the mufket, barrel and bayonet free from ruft, and bright, the lock clean, well oiled, and with a good flint, and to appear with fuch arms at every mufter, where by law they are obliged to appear, and at all other times when they may be called on duty; and at all mufters the officers in their respective stations, fhall be diligent and careful in training and instructing their men, and infpecting their arms, in noting delinquencies, and making report thereof as herein after directed. IV. IF any perfon in the militia poffeffed of public arms as aforefaid, fhall be about to remove out of the limits of his regiment, or during fuch poffeffion arrive at the age of forty-five years, or in any other manner have right to be difcharged from militia duty, every fuch perfon before fuch removal, or before he fhall be entitled to any fuch difcharge, hall deliver to the officer commanding the company to which he belongs in good order and unimpaired, fuch public arms as may have been delivered to him, and if any perfon fo poffeffed thall die, it fhall be the duty of the officer commanding the company to which he belonged, immediately to take poffeffion of fuch arms, infpect, and take care of them in the manner herein after directed, to be delivered to fome other perfon in his company in manner before directed. Militiaman removing or arriving to 45 years of age, to return his arms V. IT fhall be the duty of officers commanding companies, within ten Officers to recover arm a days after each mufter which he fhall have, to make return of his company to embezzled or removeds the major commanding the battalion, reporting all delinquencies that happen at fuch mufter, and if at any time it fhall come to his knowledge, that any one of his company has embezzled or difpofed of his arms, or has removed out of the limits of his regiment, without delivering them up as herein before directed, in all fuch cases, it shall be his duty immediately to proceed by and under the authority of a warrant according to law, iffuing from any juftice of the peace of the county or counties, where fuch arms, or any part thereof, are fuppofed to be, to regain the poffeffion of fuch arms wherever the fame may be found; and it shall moreover be the duty of fuch captain to proceed, as is herein after directed, to bring to punishment according to this act, every perfon offending. in the difpofing, buying, or concealing fuch arms. VI. AND for enforcing obedience to this act, Be it enacted, That the for- Penalties on officers for lowing forfeitures and penalties fhall be incurred for delinquencies, that is to failure or neglect of duty fay; by a commanding officer of a regiment, for failing or refufing to receive herein. the arms for his regiment and delivering them out as directed, for each and every fuch offence or neglect, fhall forfeit and pay a fum not exceeding five hundred dollars; by a commanding officer of a battalion, for failing to do any of the duties required by this act, for each and every fuch neglect, thall forfeit and pay a fum not exceeding two hundred and fifty dollars; by any captainor commanding officer of a company, for failing to receive any arms, or to give receipts therefor, failing to diftribute them according to this act, and take receipts for the fame, to make any report concerning the faid arms, to deliver the fame according to this act, for each and every fuch offence, neglect, or failure, he fhall forfeit and pay a fum not exceeding fifty dollars; by a fubaltern officer failing to do any of the duties herein required of his captain, in case of his abfence, for each and every fuch offence, failure, or neglect, fhall forfeit and pay a fum not exceeding fifty dollars, to be adjudged of and determined by their respective regimental courts of enquiry; by any non-commiffioned officer or private, for refuting to receive any arms when offered, for failing to keep Dd d or purchasing public arms. the fame in order, as directed by this act, to return the fame when legally required, for each and every such offence, failure, or neglect, thall forfeit and pay a fum not exceeding one dollar. VII. AND be it further enaged, That any non-commiffioned officer or folPenalty for transferring dier, who fhall attempt to transfer a right to the faid arms in his cuftody, or to any part thereof, by fale or otherwife, to any perfon or perfons, accompanied by actual delivery, as well every perion fo offending, as every perfon purchafing or concealing the faid arms, knowing the faid arms to be the property of the public, fhall forfeit and pay for each offence the fum of fifteen dollars, to be recovered in the name of the commonwealth, by motion in any court of record within this state, provided fuch perfon, his agent or attorney hall have ten days previous notice of fuch motion; and the right of the commonwealth to fuch arms fhall not by fuch or any other mode of transfer, be impaired or taken away. to be armed agreeably to their numbers. VIII. AND whereas the feveral companies of artillery, grenadiers, light Troops of artillery, &c. infantry, riflemen, and troops of cavalry, are allotted into claffes by entire companies and troops, Be it therefore enacted, That the governor thall caufe them to be armed by entire troops and companies, agreeable to their respective nambers, beginning at number one in each regiment, as foon as the arms neceffary for that purpofe can be obtained; and they fhall be fubject to the fame rules and regulations, for the fafe keeping the faid arms, as are prefcribed by Sheriffs to return lifts of infolvencies when collecting militia fines. Punishment for offences not therein provided for after the act amending the penal laws fhall com mence in force. Called courts failing to ftand continued till next meet, recognizances to court in courfe. this act to the rest of the militia. IX. AND be it further enacted, That it fhall be the duty of theriffs who have or may undertake the collection of militia fines, to return before the next fucceeding regimental court of enquiry, after receiving a lift of fuch fines, a lift of all infolvencies within fuch regiment, to be examined by the faid court, who fhall judge of fuch infolvents, and fhall direct their clerk to certify a part of the whole of any fuch lift, as to them thall feem juft. For the amount of which lift fo certified, the sheriff shall be allowed a credit in fettling his account with the auditor. X. AND be it further enacted, That the sheriffs fhall be allowed till the fifteenth day of December in each year, to fettle up his faid account with the auditor. XI. THAT all charges and expenditures neceflary for carrying this aft into effect, fhall be paid out of any money in the public treafury. CHAP. CCLXIV. An Act fupplemental to the Act to amend the Penal Laws of this Commonwealth. [Paffed the 25th of January, 1900.] 1. BE and E it enacted and declared by the General Affembly of Virginia, That from and after the period when the act, intituled, "An act to amend the penal laws of this commonwealth," shall commence and be in full force and ope ration, if any free perfon fhall be convicted (either as principal or acceffory) of any felony or offence whatfoever, not already provided for by the laid recited act, the punishment whereof by the laws in force at and before the commencement of the faid recited act, may amount to death, without the benefit of clergy, every fuch offender from whom the benefit of clergy would have been taken away, fhall be sentenced to undergo a confinement in the jail and penitentiary house, established by the faid recited act, for a period not lefs than one, nor more than ten years, and thall be kept therein at hard labour, or in folitude, and in all other refpects be treated as in and by the faid recited at is directed. II. AND whereas the method heretofore obferved in calling courts for the examination and trial of criminals in the counties and corporations of this commonwealth, has been found inconvenient and expenfive, and fometimes to obftruct public juffice: For remedy whereof, Be it further enacted and declarea by the General Affembly. That hereafter when any free perton or flave fhl be committed to jail, by any justice of the peace of any county or corporation for examination or trial, and the court fummoned by the fheriff for the examination or trial of fuch free perion or flave, fhall fail to meet as heretofore prescribed by law, all the recognizances entered into by any perfon or perfons to appear at fuch cailed court, thail stand obligatory to the next court of the county or corporation, and every fuch perfon or perfons thall be obliged to ap pear accordingly, and that such examination or trial hail be at the next court to be held for fuch county or corporation, which court fhall be compofed of the fame number of juftices as are now required by law; any thing in this or any other act to the contrary notwithstanding. III. THIS act thall commence and be in force fo foon as the act herein be- Commencement of this fore mentioned and recited, fhall, by virtue of the Governor's proclamation, &. commence and be in operation. I. CHAP. CCLXV. An A concerning the Junior Clerk in the Auditor's Office. BB it enacted by the General Alfembly. That the junior clerk in the A- Salary of the junior ditor's office thall hereafter be entitled to receive for his fervices an- clerk in the auditor's nually, the fum of five hundred dollars, to be paid as heretofore in quarterly office. payments. II. THIS act thall commence and be in force from and after the paffing Commencement of this thereof. CHAP. CCLXVI. An At authorifing the Governor of this Commonwealth to convey to the United States, upon certain conditions, the Property of this Commonwealth called Gofport. [Palled the 25th of January, 1900.] HEREAS it has been reprefented to the prefent General Affembly, Preamble. WHEREAS it has be of the United States are defrous that certain lands, the property of this Commonwealth, commonly called and known by the name of Gofport, fhould be vested in the United States, for the purpose of establishing a navy yard on the fame : 1. BE it enacted by the General Affembly, That it shall and may be lawful Governor to convey for the Governor of this Commonwealth, and he is authorized to appoint fome Gofport to the United fit and proper perfon, to meet fuch perfon as thall be appointed on the part of States on certain condi the United States, to afcertain and fix the value of the property belonging to tions. this Commonwealth, fituate near the town of Portsmouth, in the county of Norfolk, commonly called and known by the name of Gofport. So foon as the value of the property fhall be afcertained and the Governor shall be satisfied that the Government of the United States are willing to pay the amount thereof to this Commonwealth, then and in that cafe it thail be lawful for the Governor of this Commonwealth, and he is hereby authorized for, and in behalf of this Commonwealth, by proper deeds in writing, under his hand and the feal of the Commonwealth, to convey, transfer, aflign and make over unto the United States, all intereft in, and title to, as well as all the jurifdiction which this Commonwealth pofleffes over the public lands commonly called and known by the name of Gofport before mentioned, for the purpate of eltablishing a navy yard: Provided, That nothing herein contained shall be fo conftrued as to prevent the officers of this ftate from executing any process whatever within the jurifdiction hereby directed to be ceded. 11. AND be it further enacted, That in cafe the government of the United States hail at any time hereafter abandon the defign of eftablishing a navyyard at the place hereby ceded to the United States, or after the establishment thereof thali difcontinue the fame, then and in that cale the property in the foil, and the jurisiction over the territory hereby directed to be vested in the United States, thall revert to this Commonwealth, and fhall be confidered as the property and fubject to the jurifdiction of the same, in like manner as if this aft had never been made: Provided, "That in fuch cafe this Commonwealth will repay to the government of the United States, the fam or tums paid by the United States in confideration of the cellion hereby directed to be made. II. THIS act fhail commence and be in force from and after the paffing hereof. General Affembly, begun and held at the Capitol, in the City of Richmond, on Monday, the 1ft day of December, in the Year of our Lord, 1800. CHAP. CCLXVII. An Act to amend the a&, intituled, "An act, to amend an act, intituled an act, for appointing Electors to choofe a Prefident and Vice-Prefident of the United States." Senate and Houfe of Des I. legates authorized to fupply the vacancies occafioned by the absence of electore chafen by the people. be reaffeffed, or a divi BE [Paffed the 2d of December, 1800.] E it enacted by the General Assembly, That if any one or more of the an act, to amend an act, intituled an act for appointing electors to choose a preelectors choten by the people under the authority of the act, intituled fident and vice-prefident of the United States, fhall from any cause whatever, fail to attend at the place appointed by the faid act for the meeting of the electors at three o'clock in the afternoon of this the second day of December, one thousand eight hundred, it shall then be lawful for the Senate and House of Delegates, and they are hereby required by joint ballot to proceed to supply fuch vacancy or vacancies until the number of twenty-one electors for the purpose aforefaid is completed, which elector or electors fo appointed shall be entitled to vote for a Prefident and Vice-President of the United States in the fame manner as if he or they had been chofen in the manner prescribed by the faid law. II. PROVIDED nevertheless, That if any elector or electors chofen by the people under the authority of the act aforefaid, shall attend at or before the hour of ten in the morning of to-morrow, then the appointments made under this act for the purpose of fupplying fuch fuppofed vacancy, thall be void and of no effect. HI. SO much of the above recited act as comes within the purview of this act, fhall be, and the fame is hereby repealed. IV. THIS act shall commence and be in force, from and after the paffing thereof. CHAP. CCLXVIII. An Act to amend an all, intituled, “An act, to reduce into one the feveral acts concerning Mills, Milldams, and other obftructions of Water Courses. [Paffed the 18th of December, 1800.] HEREAS doubts have arifen in the conftruction of the 15th fection of the Mills, Mill-dams, and other obstructions of water courses," paffed the 21ft day of December, 1792 : ་ I. BE it enacted by the General Assembly, That in all cafes of petition or application to the court of a county for the removal of obftructions across rivers and creeks, the clerk of the faid court by order thereof fhall iffue a notification to all the magiftrates of faid county, and also advertise at the courthouse door, the day fuch application or petition will be decided upon. Two-thirds of the magiftrates in each county fhall be requifite to conftitute a court for the trial or hearing fuch petition or application, a majority of whom are hereby empowered to contract with any perfon or perfons for clearing the fame, and to levy so much money in their county levy as fhall be fufficient to discharge fuch agreement or contract. II. ALL acts and parts of acts containing any thing within the purview of this act, fhall be and are hereby repealed. III. THIS act fhall commence and be in force, from the paffing thereof. CHAP. CCLXIX. A: Act to authorize the Commiffioners of the Revenue to re-affefs Lands in certain cafes. [Paffed the 23d of December, 1800.] In what cafe lands may I. after die feized of any tract of land, the whole of which might have E it enacted by the General Assembly, That where any perfon fhall here been affeffed by the commiffioner of the county wherein the fame lies at an fion among heirs. equal rate, but which when divided among the heirs or devifees of the decedent fhall contain fome one or more parcel or parcels of a quality inferior to that of the other parcel or parcels, the heir or devifee or heirs or devifees, or his, her, or their guardian or guardians, as the cafe may be, to whom the pareel or parcels of fuch inferior quality may be allotted, may apply to the commiffioner within whofe diftrict fuch parcel or parcels may lie, to make a re-affeffment of the fame, the faid commiffioner on fuch application fhall and he is hereby required forthwith to go upon the parcel or parcels of land propofed to be re-affeffed, and according to the beft of his skill and judgment apportion the tax originally affeffed upon the entire tract of land, amongst the holders of the different parcels, having due regard to the relative value of the fame, and there-upon proceed to charge them in his book of the land tax with their respective proportions of the tax of fuch land according to the apportionment by him made. ༈ ་་་་་ II. AND be it further enacted, That if any perfon fhall be feized of any When they may be retract of land as aforefaid and fhall alienate the fame to different alienees or a affeffed among the alipart thereof to one or more perfons by which fome one or more parcel or par- enees of the original cels fhall be inferior in value to the other parcel or parcels, the alienor or ali- holder. enee as the cafe may be, who fhall have right to the parcel or parcels of fuch inferior value may have the fame relief, and the commiffioner of the district wherein the land lies fhall perform the fame duties as are herein before provided in the cafe of heirs or devifees. Provided nevertheless, that any party Provifo. or parties who fhall think themselves aggrieved by fuch reaffeffment, may require the commiffioner to go again on the land with fuch perfons as parties or their reprefentatives may choofe, there being only one perfon for each different parcel of land, who may review the commiffioner's valuation, and if they or a majority of them agree, their valuation fhall be final, but if divided, the valuers may call in an umpire whofe opinion fhall be final. And the commiffioner fhall charge the fame in his book fo as he make it correspond with the decifion of fuch referees or umpire. the III. THE perfon or perfons making application to the commiffioner for Commiffioner's fee. fuch purpofe, fhall pay to him fifty cents for each parcel of land by him fo valuved and reaffeffed. 1. IV. THIS act shall commence and be in force from the paffing thereof. BE CHAP. CCLXX. An Act to regulate Cofts in certain Cafes. [Paffed the 25th of December, 1800.] Enacting claufe, E it enacted by the General Affembly, That any officer who fhall levy dif- Fee to officer when the trefs for rent, fhall be entitled in cafe the property be replevied, to the property is replevied. fame commiffions as in cafe of a forthcoming bond taken under any writ of ex ecution for the like fum, and may include fuch commiflion in every bond taken under fuch diftrefs. And in all cafes where the county or corporation courts Fee for notice. II. THIS act fhall commence and be in force, from and after the paffing Enacting claufe, thereof. I. CHAP. CCLXXI. An Act to Extend the Jurifdiction of Justices of the Peace. [Paffed the 16th of January, 1801.] E it enacted by the General Affembly, That when the caufe of action Jurifliction extended to Bhall not exceed ten dollars, or four hundred pounds of Tobacco, the fame is declared to be cognizable, and finally determinable by any one justice. of the peace who may give judgment, and thereupon award execution against the goods and chattels of the party against whom fuch judgment fhall be given, which fhall be executed and returned by the theriff or conftable to whom direct |
