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sespectively, 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 shall moreover deliver the fame to the several officers commanding companies in the respective battalions, in due proportion, according to the number of men belonging to fuch companies. It hall be the duty of each officer commanding a company to receive the same, and grant a receipt therefor to the officer commanding the battalion, deferibing in like manner the condition of such arms, and fall 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 Thall be the dúty of all non-commissioned officers and privates to receive such arms when they fall be offered, and grant a receipt for the same, 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 Milicia to Skeep their possession public arms, according to the direction of this act, to keep the same ams 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 flint, 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 possessed of public arms as aforesaid, shall Miliciaman removing or be about to remove out of the limits of his regiment, or during such polieflion arriving to 49 years of arrive at the age of forty-five years, or in any other manner have righo to be dis- ogs, to retusa his arms charged from militia duty, every such person before such removal, or before he fhall be entitled to any such discharge, hall deliver to the officer commandiag 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 poslessed ihall 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. IT shall be the duty of officers commanding companies, within ten Officers to recover anna 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 shall be his duty immediately to proceed by and under the authority of a warrant according to law, ifsaing 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 posseflion 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 punishment according to this act, every person offending in the dispofing, buying, or concealing such arms. VI. AND
for enlorcing obedience to this act, Be it enacted, That the for- Penalties on officers far lowing forfeitures and penalties shall 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 negleet, shall forfeit and pay a sum not exceeding five hundred dollars; by la commanding officer of a battalion, for failing to do any of the duties required by this act, for each and every such neglect, ihall 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 a&t, for each and every such offence, neglect, or failure, he shall forfeit and pay a fum not exceeding fifty dollars; by a subaltern ofhcer 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 forfeitand. 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
the fame in order, as directed by this act, to return the same when legally re.
a sum not exceeding one dollar. Penalty for transferring dier, who shall attempt to transfer a right to the said arms in his custody, or to
VII. AND be it furiber enasted, That any non-commiffioned officer or folor
any part thereof, by sale or otherwise, to any person or persons, accompanied by actual delivery, as well every perion so oftending, as every person purchafing or concealing the faid arms, knowing the said arms to be the property of the public, mall forfeit and pay for each offence 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 vealth 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 artillery, grenadiers, light to be armed agreeably to infantry, riflemen, and troops of cavalry, are allotted into claffes by entire comtheir numbers. panies and troops, Be it therefore enacted, That the governor tháil cause them
to be armed by entire troops and companies, agreeable to their respective nombers, beginning at number one in each regiment, as foon as the arms necessary for that purpose can be obtained ; and they shall be subje&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 it further enacted, That it shall be the duty of heriffs who have infolvencies when col- or 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 lif of all insolvencies within such regiment, to be examined by the fait court, who shall judge of such infolvents, and shail direct their clerk to certify a part of the whole of any such lift, as to them thall seem just. for the amount of which lift 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 treafury.
[Palled the 25th of January, 1900.]
E it enacted and declared by the General Agembly of Virginia, That from not therein provided for
* 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 any 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, ihall be sentenced to undergo a confinement in the jail and penitentiary house, established by the faid recited act, for a period not lets than one, nor more than ten years, and thall be kept therein at hard labour, or in solitude, 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 fometimes to
obstruct public jufíice: For remedy whereof, Be it furtber naited and diCalled courts failing to clared in the neral affimbly, That hereafter when any free perton or llave sh !! meei, to Mand continued till here be committed to jail, by any jutice of the peace of any county or corporation count in course.
for examination or trial, and the court summoned by the sheriff for the exami. nation or trial of such free person or flave, fhall 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 them county or corporation, and every such person or persons thall be obliged 10 apFear accordingly, and that such examination or trial.mail be at the next court
to be held for such county or corporation, which court shall 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 shall commence and be in force to soon as the act herein be. Commencement of this fore mentioned and recited, Tall, by virtue of the Governor's proclamation, sa. commence and be in operation.
[Pafled the 22d of January, 1800.) 1.
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.
11. THIS act thall commence and be in force from and after the passing Commçacement of this thereof.
States, upon curiain conditions, the Property of this Commonwealth called Gof-
[Palled the 25th of January, 1900.) THEREAS it has been represented to the present General Affembly, Preamblo. the property of this Cum nonwealth, coinmonly called and known by the name of Ġosport, should be vested in the United States, for the purpose of eltablithing a navy yard on the fame :
1. BE nienacted by the General Aljimbly, That i: shall and may be lawful Governor 10 convey for the Governor of this Commonwealth, and he is authorized to appoint fome Gosport to the United fit and proper person, to meet fach perlon as thall be appointed on the part of States on certain condi. the United States, to ascertain and fix the value of the properiy belonging to tions. this Commonwealth, situate near the town of Portsmouth, in the county of forfoik, commonly called and known by the name of Golport. So foon as the value of the property shall be ascertained and the Governor (hall be fatisfied 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 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 leal of the Commonwealth, to convey, transfer, allig, and make over unto the United States, all interest in, and title to, as well as all the jurisdiction which this Com. monwealth poflefes over th: public lands commonly called and known by the name of Gosport betore mentioned, tor the purpote of establishing a navy yard: Providea, That nothing herein contained ihall be lo construed as to prevent the officers of this state from executing any process whatever within the juritdiction hereby directed to be ceded.
I1. AND be it further inached, That in cale the government of the United 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 establishinent thereof ihali discontinue the same, then ana in that cale the property in the foil, and the jurtiiction over the territory hereby directed to be vetted in the United States, thall revert to this Commonv.ealth, and thall be confidered as the property and subject to the jurisdiction of the saine, in iike manner as if this aćt nad never been inade: Provided, That in such case this Commonwealth will repay to the government of the United Sta'es, the fam or lums puid by the United States in consideration of the cellion hereby directed to be made.
III. THIS act thail commence and be in force from and after the paling 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.]
E 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, fall from any cause whatever, the people.
fail to attend at the place appointed by the faid aet 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 Thall 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 twenty-one ele&tors for the purpose aforesaid
is completed, which elector or electors fo 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 faid
law. The ele&tots so chofen 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, thall attend at or before the hour attendance of those choo 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 clausc.
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, f.om and after the passing AL
CHAP. CCLXVIII. An Act to amend an ad, intituled, “ An aët, to reduce into one the feveral acts concerning Mills, Milldams, and other obftru&tions of Water Courses.
(Passed the 18th of December, 1800. ] Framble.
HEREAS doubts have arisen in the construction of the 15th section of the
act, intituled, “ An act to reduce into one the several acts concerning Mills, Mill-dams, and other obstructions of water courses,” passed the pitt
day of December, 1792: Clerk of the county to
1. BE it enacted by tbe General Afjembly, That in ail cases of petition os apadvertise all applications plication to the court of a county for the removal of obstructions across rivers for removing obtruc and creeks, the clerk of the said court by order chereof shall issue a notification tions.
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 Two thirds of the ma- magiftrates in each county shall be requifite to constitute a court for the trial
or hearing fuch 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. II. ALL acts and parts of acts containing any thing within the purview
of this act, shall be and are hereby repealed. Ending clause
III. THIS act shall commence and be in force, from the passing thereof.
(Paffed the 23d of December, 18c0.] In what cflands may 1. Baher die feized of any tract of land, the whcle of which might have
a be resaflelled, or a diri.
E it enacird by the General Assembly, That where any perłon shall here
been assessed by the commissioner of the county wherein the same lies at an fion among heirs.
or their guardian or guardians, as the case may be, to whom the pareel or par-
II. AND be it further enafted, 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 a afleffed among the ali part 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. ence as the case may be, who shall have right to the parcel or parcels of such inferior value may have the same relief, and the commissioner of the diftrict 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 hall think themselves aggrieved by such reassessment, may re.. quire the commissioner to go again on the land with such persons as the parties or their representatives may choofe, 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 valgation shall be final, but if divi. ded, the valuers may call in an umpire whole opinion shall be final. And the commillioner 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, thall pay to him fifty cents for each parcel of land by him so valyved and reafTefled.
IV. THIS act shall commence and be in force from the passing thereof. Enacting clause,
(Paffed the 25th of December, 1800.]
tress for rent, shall 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 commiskon in every bond taken under such diftress. 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 plaintiff or plaintiffs, his or their agent or attorney.
II. 'THIS act shall commence and be in force, from and after the passing Enafting classes thereof.
(Passed the 16th of January, 1801.) E it enacted by the General Asembly, That when the cause of action Jurifliction ex:ended to 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 such judgment shall be given, which shall be executed and returned
by the sheriff or constable to whom direct