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scspectively, to receive all such arms and accoutrements, and grant a receipt therefor to the officer commanding the regiment, stating their condition at the time of fuch delivery, and Ahall moreover deliver the fame to the several offçers 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 fame, 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 fame 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 fame, making themselves liable for the fafe-keeping thereof, and for their delivery when legally called on for that purpose.
III. IT shall be the duty of all persons in the militia who receive into their Milicis to keep theit possession public arms, according to the direction of this act, to keep the same arms in good order, in neat and good order, the musket, barrel and bayonet free from rust, and bright, the lock clean, well oiled, and with a good fint, and to appear with 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, thall 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.
IV. If any person in the militia poffeffed of public arms as aforesaid, shall Militianan removing or be about to remove out of the limits of his regiment, or during such poslefion arriving to 45 years of arrive at the age of forty-five years, or in any other manner have righo to be dif- age, to return his ans charged from militia duty, every such person before such removal, or before he shall be entitled to any such discharge, ihall 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 fo possessed thall die, it Thall 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.
V. ÍT shall be the duty of officers commanding companies, within ten Officers to recover arn: days after each mufter which he shall have, to make return of his company to embezzled or removedo the major commanding the battalion, reporting all delinquencies that happen at such muster, and if at any time it shall come to his knowledge, that any one of his company has embezzled or disposed of his arms, or has removed out of the limits of his regiment, without delivering them up as herein before directed, in all such cases, it fall be his duty immediately to proceed by and under the authority 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 punifhment according to this act, every person offending in the disposing, buying, or concealing such
arms. VI. AND
for enforcing obedience to this act, Be it enacted, That the fok Penalties on officers for lowing forfeitures and penalties thall be incurred for delinquencies, that is to failure or neglect of duty fay; by a commanding officer of a regiment, for failing or refusing to receive herein. the arms for his regiment and delivering them out as directed, for each and every such offence or negle&t, shall forfeit and pay a sum 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 such neglect, thall forfeit and pay a fum not exceeding two hundred and fifty dollars; by any Captain or 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 same, to make any report concerning the said arms, to deliver the same according to this act, for each and every such offence, neglect, or failure, he shall forfeit and pay a fum not exceeding fifty dollars; by a subaltern officer failing to do any of the duties herein required of his captain, in case of his absence, for each and every such offence, failure, or neglect, shall forfeit and pay a fum not exceeding fitiy' dollars, to be adjudged of and determined by ihéir reípective regimental courts of enquiry; by any non-commissioned officer or private, for refusing to receive any aims when offered, for failing to keep
the fame in order, as directed by this act, to return the same when legally required, for each and every such offence, failure, or neglect, thall forfeit and pay
a sum not exceeding one dollar. Penalty for transferring dier, who shall attempt to transfer a right to the said arms in his cuftody, or to
VII. AND be it further enated, That any non-commifsioned officer or folor purchasing public arms.
any part thereof, by sale or otherwise, to any person or persons, accompanied by actual delivery, as well every perion fo offending, as every person purchafing or concealing the said arms, knowing the said arms to be the property of public, shall forfeit and pay for each ofence the sum of fifteen dollars, to be recovered in the name of the commonwealth, by motion in any court of record within this state, provided such person, his agent or attorney hall have ten days previous notice of such motion ; and the right of the common realth to such arms shall not by such or any other mode of transfer, be impaired or taken
away. Troops of artillery, &c.
VIII. AND whereas the several companies of artülery, grenadiers, light to be ar med agreeably io infantry, riflemen, and troops of cavalry, are allotted into classes by entire comtheir numbers. panies and troops, Be it therefore enacted, That the governor thall cause them
to be armed by entire troops and companies, agreeable to their respetive nambers, beginning at number one in each regiment, as foon as the arms necessary for that purpose can be obtained; and they shall be fubje&t to the fame rules and regulations, for the safe keeping the said arms, as are prescribed by
this act to the rest of the militia. Sheriffs to return lifts of
IX. AND be ir further enacted, That it shall be the duty of sheriffs who have insolvencies when color may undertake the collection of militia fines, to return before the next fuclecting militia fines. ceeding regimental court of enquiry, after receiving a list of such fines, a lift
of all insolvencies within such regiment, to be examined by the fait court, who shall judge of such infolvents, and shall direct their clerk to certify a part of the whole of any such lift, as to them ihall seem just. For the amount of which liit lo certified, the sheriff shall be allowed a credit in settling his account with the auditor.
X. AND be it further enacted, That the sheriffs shall be allowed till the fifteenth day of December in each year, to settle up his faid account with the auditor.
XI. THAT all charges and expenditures necessary for carrying this ad into effect, shall be paid out of any money in the public treasury.
[Passed the 25th of January, 1800.]
E it enacted and des lared by the General Afembly of Virginia, That from not therein provided for
and after the period when the act, intituled, " An act to amend the after the act amending penal laws of this commonwealth,” shall commence and be in full force and opethe penal laws shall com- ration, if ang free person shall be convicted (either as principal or accessory) of mence in force, any felony or offence whatsoever, not already provided for by the laid recited
act, the punishment whereof by the laws in force at and before the commence. ment of the faid recited act, may amount to death, without the benest of clergy, every such offender from whom the benefit of clergy would have been taken away, shall be sentenced to undergo a confinement in the jail and penitentiary house, established by the taid recited act, for a period not lets than one, nor more than ten years, and thall be kept therein at hard labour, or in folitude, and in all other respects be treated as in and by the said recited at is directed.
II. AND whereas the method here:olore observed in calling courts for the examination and trial of criminals in the counties and corporations of this commonwealth, has been found inconvenient and expensive, and sometimes to
obitruct public juffice: For remedy whereof, Be it furtber enaited and á. Called courts failing to clarea in the vixneral Aff: mbls. That hereafter when any free person or flave ff !!! meet, recognizances to ftand continued till next
be committed to jail, by any jultice of the peace of any county or corporation court in course. for examination or trial, and the court fummoned by the inerif for the exami.
nation or trial of such free perion or flave, thall fail to meet as here ofore prefcribed by law, all the recognizances entered into by any person or persons to appear at such cailed court, ihail stand obligatory to the next court of wich county or corporation, and every such person or persons shall be obliged 10 apfear accordingly, and that such examination or trial hall be at the next count to be held for such county or corporation, which court fhall be composed of the same number of justices as are now required by law; any thing in this or any other act to the contrary notwithstanding,
II. THIS act thall commence and be in force to soon as the act herein be- Commencement of this fore mentioned and recited, Thali, by virtue of the Governor's proclamation, &. commence and be in operation.
[Passed the 22d of January, 1800.)
Git enated by the General 4imbly, That the junior clerk in the Au- Salary of the junior'
ditor's office hall hereafter be entitled to receive for his services an-, clerk in the auditor's nually, the sum of five hundred dollars, to be paid as heretofore in quarterly office. payments.
11. THIS act thall commence and be in force from and after the passing Commçacement of this thereof.
States, upon scriain conditions, the Property of this Commonwealth called Gof-
[Palled the 25th of January, 1900.] THEREAS it has been reprefented to the present General Assembly, Preamble. the property of this Commonwealth, coinmonly called and known by the name of Golport, should be vested in the United States, for the purpose of eltablithing a navy yard on the fame :
1. BE it enacted by the General Afëmbly, That i: shall and may be lawful Governor to convey for the Governor of this Commonwealth, and he is authorized to appoint fome Gosport to the United fit and proper person, to meet such perlon as thall be appointed on the part of States on certain condithe United States, to ascertain and fix the value of the property belonging to tions. this Commonwealth, situate near the town of Portsmouth, in the county of Norfolk, commonly called and known by the name of Gosport. So soon as the value of the property thall be asceriained and one 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 case it thail be lawful for the Gover. nor of this Commonwealth, and he is hereby authorized for, and in behalf of this Commonwealth, by proper deeds in writing, uncier his hand and the leal of the Commonwealth, to convey, transfer, asign and make over unto the United States, all interest in, and title to, as well as all the juriddiction which this Com. monwealth poflefles over the public lands commonly called and known by the name of Golport before mentioned, tor the purpote of eitablishing a navy yard: Providea, That nothing herein contained ihall be so construed as to prevent the officers of this state from executing any process whatever within the jurifdiction hereby directed to be ceded.
* II. AND be it further inacted, That in cale the government of the Uniced States ihail at any time hereafter abandon the design of establishing a navyyard at the place hereby ceded to the United States, or after the eitabiilinent thereof thall discontinue the same, then ana in that cale the property in the foil, and the juriličtion over the territory hereby directed to be vested in the United States, thall revert to this Commonwealth, and thall be considered as the property and subject to the jurisdiction of the same, in iike manner as if this aćt had never been made: Provided, That in such case this Commonwealth will repay to the government of the United Sta’es, the fam or lums paid by the United States in consideration of the cellion hereby directed to be made.
III. THIS a ce hall commence and be in force from and after the palling Niereof.
General Assembly, begun and held at the Capitol, in the City of
Richmond, on Monday, the ist day of December, in the Year of our Lord, 1800.
[Passed the ad of December, 1800.] Senate and House of Deö I. E it enacted by the General Assembly, That if any one or more of the legates authorized to
electors choien by the people under the authority of the act, intituled fupply the vacancies oc
an act, to amend an act, intituled an act for appointing electors to choose a precafioned by the absence fident and vice-president of the United States, thall from any cause whatever, the people.
fail to attend at the place appointed by the said 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 De. legates, and they are hereby required by joint ballot to proceed to supply such vacancy or vacancies until the number of cwenty-one electors for the purpose aforesaid is completed, which elector or electors so appointed shall be entitled to vote for a President and Vice-President of the United States in the same manner as if he or they had been chosen in the manner prescribed by the said
law. The ele tots so chosen II. PROVIDED nevertheless, That if any elector or electors chosen by the to be fuperfeded by the people under the authority of the act aforesaid, shall attend at or before the hour attendance of those chor of een in the morning of to-morrow, then the appointments made under this sen by the people.
act for the purpose of supplying such supposed vacancy, thall be void and of no
effect. Repealing clause.
HI. SO much of the above recited act as comes within the purview of
this act, shall be, and the same is hereby repealed. Commencement of this IV. THIS act shall commence and be in force, from and after the passing AL
CHAP. CCLXVIII. An Act to amend an ad, intituled, “ An ait, to reduce into one rbe feveral acts concerning Mills, Milldams, and other obftru&tions of Water Courses.
(Paffed the 18th of December, 1800.) HEREAS doubts have arisen in the construction of the 15th section of the
Mills, Mil-dams, and other obstructions of water courses,” passed the pilt
day of December, 1792: * Clerk of the county to
1. BE it enacted by tbe General Asembly, That in ail cases of petition or apadvertise all applications plication to the court of a county for the removal of obstructions across rivers fe removing obstruc- and creeks, the clerk of the said court by order thereof shall issue a notification tions.
to all the magiftrates of faid county, and also advertise at the courthouse door,
the day such application or petition will be decided upon. Two-thirds of the Two thirds of the ena
magistrates in each county shall be requifite to constitute a court for the trial giftrales requisite for a decision.
or hearing such petition or application, a majority of whom are hereby empowered to contract with any person or persons for clearing the same, and to levy so much money in their county levy as shall be sufficient to discharge such
agreement or contract. Repealing clause.
TI. ALL acts and parts of acts containing any thing within the purview
of this act, shall be and are hereby repealed. Ending claufe
III. THIS act shall commence and be in force, from the passing thereof.
[Passed the 23d of December, 1800.} In what cafe lands may I. be resaflellid, or a diri.
E it enacird by the General Assembly, 'That where any person shall hese
after die leized of any tract of land, the whole of which might have
been assessed by the commissioner of the county wherein the same lies at an fion among heirs. equal rate, but which when divided among the heirs or devisees of the decedent Shall contain some one or more parcel or parcels of a quality inferior to that of the other parcel or parcels, the heir or devisee or heirs or devifees, or his, her, or their guardian or guardians, as the case may be, to whom the pareel or par.cels of such inferior quality may be allotted, may apply to the commissioner within whofe diftri&t such parcel or parcels may. lie, to make a re-assessment of the same, the said commissioner on such application thall and he is hereby required forth with to go upon the parcel or parcels of land proposed to be re-afsessed, and according to the best of his skill and judgment apportion the tax originally assessed upon the entire tract of land, amongst the holders of the different parcels
, having due regard to the relative value of the same, and there- upon proceed to charge them in his book of the land tax with their respective proportions of the tax of such land according to the apportionment by him made..
II. AND be it further enaded, That if any person shall be seized of any When they may be retract of land as aforesaid and shall alienate the fame to different alienees' or à affefled among the adipart thereof to one or more persons by which some one or more parcel or par- enees of the original cels shall be inferior
. in value to the other parcel or parcels, the alienor or ali- holder. enee as the case may be, who shall have righe, to the parcel or parcels of such inferior value may have the same relief, and the commissioner of the district wherein the land lies shall perform the same duties as are herein before provided in the case of heirs or devisees. Provided nevertheless, that any party Proviso. or parties who shall think themselves aggrieved by such reaffefsment, may require the commissioner to go again on the land with such persons as the parties or their representatives may choose, there being only one person for each different parcel of land, who may review the commissioner's valuation, and if they or a majority of them agree, their valuation shall be final, but if divided, the valuers may call in an umpire whole opinion shall be final. And the commissioner shall charge the same in his book so as he make it correspond with the decision of such referees or umpire.
III. THE person or persons making application to the commissioner for Commissioner's fee. such purpose, shall pay to him fifty cents for each parcel of land by him so valyved and reaflefied.
IV. THIS act Mall commence and be in force from the passing thereof. Enacting clause,
(Paffed the 25th of December, 1800.] 1. E it enacted by the General Assembly, That any officer who shall levy dis- Fee to officer when the
tress for rent, lhall be entitled in case the property be replevied, to the property is replevied. fame commissions as in case of a forthcoming bond taken under any writ of execution for the like fum, and may include such commisfion in every bond taken under such distress. And in all cases where the county or corporation courts Fee for notice. are authorised to render judgments or award of execution upon motions, fifty cents shall be taxed in the bill of costs for each notice proven to have been delivered in case the plaintiff or plaintiffs succeed. And it shall be the duty of the sheriff or other
officer to give notices upon the bonds aforesaid in every case if required by the plainciff or plaintiffs, his or their agent or attorney.
II. 'THIS act shall commence and be in force, from and after the passing Ena&ting claese, thereof.
[Passed the 16th of January, 1801.] I. E it enacted by the General Affembly, That when the cause of action Jurifliction exiended to fame is declared to be cognizable, and finally determinable by any one juttice of the peace who may give judgment, and thereupon award execution against the goods and chattels of the party against whom such judgment shall be given, which shall be executed and returned by the sheriff or constable to whom direct