CHAP. 70.-An ACT amending the acts concerning idiots and lunatics, to provide for clothing the public guard, and for other purposes.* [Passed February 17th, 1830.] Richmond and 6. Be it further enacted, That it shall be the duty of the execu- Public guard at tive of this state, to cause the public guard in the city of Richmond, Lexington to be and Lexington, to be clothed out of the manufactures of the peni- clothed from the tentiary, if suitable materials can be there had, to be charged to the commonwealth. CHAP. 71,-An ACT concerning the public guard. penitentiary. creased. pointed. 1. Be it enacted by the general assembly, That the public guard Public guard inin the city of Richmond shall be so augmented as to consist of one captain, one lieutenant, one ensign, six sergeants, six corporals, two musicians, and seventy privates, who shall be citizens of the United States, and whose terms of service shall be three years, unless sooner discharged by law. The commissioned officers shall Officers, how apbe appointed and commissioned by the governor, with the advice of the council of state; and the officers, non-commissioned officers, Company subject musicians and privates of the said company, shall be subject to the to what regulations and punishsame regulations, rules and punishments for offences, as the troops ments. in the service of the United States are subject to at the time of the passage of this act: Provided, That the punishment of death shall Proviso. not be inflicted upon any offender under authority of this act.(a) 2. Be it further enacted, That the pay, rations, clothing, term Pay, and trial of of service and mode of trial for offences, be in strict conformity with the provisions of an act "to establish a guard in the city of Richmond," passed on the twenty-second day of January, one thousand eight hundred and one, and of an act "for the continuing a guard in the city of Richmond," passed on the seventeenth day of January, one thousand eight hundred and four.(b) offenders. pensation to the cer. 3. Be it further enacted, That the commanding officer of the Additional compublic guard at Richmond shall be considered as in the command commanding offiof a separate post, and thereby entitled to the rations allowed a captain in the service of the United States, when performing a similar duty.(c) § 5, p. 29. Guard again restored to original number; former acts relative to pay, rations, clothing, number, term of service, mode of trial for offences and appointment and dismission of officers revived and re-enacted, acts 1817-18, ch. 30, p. 31. Surgeon to be appointed and his compensation, ibid. p. 32. Guard removed to armory; commanding officer to inspect arms; charged with preservation of armory and its appendages, acts 1821-2, ch. 6, p. 9, post. ch. 73. Additional duties imposed on commander of guard, and salary increased,three hundred dollars being added thereto, acts 1822-3, ch. 44, p. 47, § 13, p. 49, ante. ch. 58, § 13. Further duty of captain, acts 1822-3, ch. 30, p. 33, post. ch. 74. House to be erected for guard on capitol square, post. ch. 81. Salary of captain as superintendent of repairs to arms discontinued, post. ch. 75. Armory and public property under his control, ibid. § 5. Guard to be clothed from articles in penitentiary, acts 1829-30, ch. 6, § 6, p. 10, post. ch. 70. Salary of officers of the guard increased, post. ch. 78, § 4. Guard increased, additional compensation to commanding officer and surgeon, acts 1831-2, ch. 19, p. 16, post. ch. 71. *Acts 1829-30, ch. 6, p. 10. Sections from one to five inclusive, relate to idiots and lunatics and the hospital at Staunton, and are omitted here, and inserted under their appropriate titles. See note ante. ch. 69, for former acts upon the subject of clothing the guard. + Acts 1831-2, ch. 19, p. 16. (a) Former number, a captain, lieutenant, ensign and sixty-eight men, including non-commissioned officers and musicians. Vid. acts 1817, ch. 30, p. 31. (b) Vid. acts 1800, ch. 62, p. 34, and acts 1804, ch. 55, p. 39. (c) Former pay forty dollars per month, acts 1803, ch. 86, § 2, p. 53. Duty of surgeon. Hospital steward. 4. Be it further enacted, That it shall be the duty of the surgeon appointed to attend the public guard, by an act of the general assembly, passed the eleventh day of February, one thousand eight hundred and eighteen, to visit the post once each day at least, and oftener when there are cases requiring him to attend, or he is called upon to do so by the commandant of the said guard; and it shall be the duty of the surgeon aforesaid before leaving the city at any time to notify the said commanding officer of his intention, the length of time he expects to be absent, and what physician may be called upon to officiate for him in his absence.(d) 5. And be it further enacted, That the said commanding officer be, and he is hereby authorized and required to appoint a hospital His pay, and duty. steward from the line, with an addition of four dollars per month to his pay, whose duty it shall be to attend to the sick, prepare and administer medicines, and observe that the prescriptions of the surgeon are strictly complied with. Compensation to surgeon. Commencement. Operations to January, 1822. 6. Be it further enacted, That the compensation of the surgeon of the public guard and of the penitentiary institution, shall hereafter be nine hundred dollars, in lieu of the compensation now allowed by law. 7. This act shall be in force from and after its passage. CHAP. 72.-An ACT concerning the manufactory of arms.* 1. Be it enacted by the general assembly, That on the first day cease on the 1st of of January next, the operations at the manufactory of arms shall cease, and all the officers and artificers therein be thenceforth discharged. Appropriation to arms, how to be applied. 2. Be it further enacted, That from the passage of this act, unthe manufactory of til the first day of January next, the appropriation to the manufactory of arms, made during the present session of the general assembly, shall be applied exclusively to the completion of such arms as may be unfinished in the said manufactory, or to the repairs of such arms belonging to the state, as may need repair. Executive to ap point an agent or of the buildings, agents to take care &c. Compensation. 3. Be it further enacted, That after the first day of January next, it shall be the duty of the governor and council, and they are hereby required, to appoint a fit agent or agents, to take care of and preserve in safety, and free from injury, the said manufactory of arms, including the buildings thereof, the arms therein, and all the machinery and other appendages attached thereto; which agent or agents shall be paid a reasonable compensation for his or their services, to be paid by the governor and council, out of the sum appropriated to the manufactory of arms during the present session. 4. Be it further enacted, That so much of any act as requires armorer abolished. the appointment of an assistant armorer at the said manufactory of Salary of superin. arms, shall be, and the same is hereby repealed; and hereafter the salary of the superintendent shall be at the rate of fifteen hundred dollars per annum. Office of assistant tendent. (d) Vid. acts 1817-18, ch. 30, p. 32, compensation seven hundred dollars, § 3. Increased to nine hundred dollars, post. § 6. Acts 1820-21, ch. 12, p. 16. Many of the acts under this title are temporary; but they are so connected and blended with the acts for the distribution of the public arms, and the militia and public guard, that it is deemed better to insert them. 5. All acts and parts of acts, coming within the purview of this Repealing clause. act, shall be, and the same are hereby repealed. 6. This act shall commence and be in force from the passing Commencement. thereof. CHAP. 73.-An ACT providing for the repairs of the armory, and the pre servation of the public arms.* (Passed February 28th, 1822.) be repaired. 1. Be it enacted by the general assembly, That the executive be, Executive to and they are hereby authorized and empowered to contract for, and cause the arms to have completed, as early as practicable, all the necessary repairs for the preservation of the manufactory of arms, selecting such materials for the external covering, when it is necessary, as will be most durable and secure. guard. 2. And for the greater security, and better preservation of the Arms to be packed arms now in the armory, the executive are requested to have made away in boxes. at the penitentiary such number of boxes, to contain twenty muskets each, to be made of well seasoned timber, as will serve for packing the arms now in the armory, and in repair; and as soon Duty of commanas they are completed, or any number of them, the commanding der of public officer of the public guard is hereby directed to have the arms carefully packed, and so arranged and distinguished by marks descriptive of the number and kind of arms in each box, as will best suit the purposes of their inspection. The arms so deposited, with all And of adjutant others in the armory shall be inspected once in every three months, general. by the adjutant general, who shall report annually, or oftener, the number and description of arms, and the order in which they were at the last inspection, to the executive: for which additional service His compensation. he shall receive the sum of fifty dollars; and for neglect of the du- Penalty for neties imposed by this act, shall be liable to be dismissed at the plea- glect. sure of the executive. (a) stationed at the armory. 3. The executive are hereby directed to have the public guard Public guard to be removed to the armory, and to assign them such apartments as will be most comfortable and best suited for the preservation of the buildings and machinery. And the commanding officer of the pub. Duty of commanlic guard is hereby charged with the preservation of the armory and its appendages, and of the arms of every description at the armory, and shall make such returns of them as may be required by the executive. ding officer. for service, to be 4. The executive are hereby directed to dispose of, at public Stock in hand, auction, or otherwise, the stock in hand of every description, in- with arms unfit cluding the muskets denominated in the report of the joint com- sold. mittee to the present general assembly, "unfit for field service," and such arms returned for repair as in the opinion of the executive are unfit for it.(b) 5. For defraying the expense of carrying this act into execution, Appropriation to the sum of five thousand dollars is hereby appropriated, to be dis- defray expenses. bursed and accounted for as other money drawn from the treasury. 6. This act shall commence and be in force from the passing Commencement. thereof. *Acts 1821-2, ch. 6, p. 9. (a) So much of this section as requires a quarterly inspection of the arms by adjutant general repealed, vid. ante. ch. 58, § 12; acts 1822-3, ch. 44, § 12, p. 49. (b) So much of this section as directs the executive to dispose of muskets unfit for field service repealed, ibid. ch. 58, § 12. Provision for sale revived, post. ch. 82, § 1; acts 1824-5, ch. 24, p. 22. Executive autho for repairs of armory. CHAP. 74.-An ACT providing for the repairs of the public armory, and for other purposes.* (Passed March 2d, 1824.) 1. Be it enacted by the general assembly, That the executive rized to contract of this commonwealth be, and they are hereby authorized and required, to contract for and cause to be made all such repairs to the public armory in the city of Richmond as are at present necessary for its security and preservation. To lease out that part of building, foundry and boring mill. Stipulations with which contains the lessee. Examination of east wing. Contract with Stephen Woodson 2. Be it further enacted, That the executive be directed to lease out for seven years that part of the said building which contains the foundry and boring mill; and they are hereby empowered to stipulate with the lessee for the thorough repair thereof; for keeping the same in good order, and returning it at the expiration of the term, in a complete state of preservation. 3. It shall moreover be the duty of the executive, to cause an examination of the east wing of the said armory to be made; and if, upon such examination, it shall be found that the contract, now and Thomas Sta- in force, with Stephen Woodson and Thomas Staples, for the use of the water, which passes through that part of said building, is conducive to pub- injurious to the works, or to the building, the executive shall be authorized to cancel and annul the said contract, if they can do it on such terms as will be conducive to the interests of the commonwealth. ples to be annulled if it can be done, on terms lic interest. Complete set of accoutrements for each stand of arms, to be procured. Captain of public guard to examine cartridge boxes and other accou trements. Reports to be made thereupon. 4. The executive are hereby further directed to procure, or cause to be procured, a complete set of accoutrements for each stand of arms now in good order at the said armory, and also for each stand of arms which may hereafter be repaired. 5. It shall be the duty of the captain of the public guard, in addition to the duty of superintending the cleaning of the public arms, to make an examination of the cartridge bexes and other accoutrements belonging to the state, and make report of the condition thereof to the executive, and to the adjutant general, in like manner as similar reports have hitherto been made; to state also, the number of each now in good order, and the number fit for repair; to cause those in good order to be carefully packed away in suita&c. in good order, ble boxes, or to be kept in such other manner as may be best adapted to their preservation; and to contract for, and cause to be repaired, such of the said accoutrements as, in his estimation, are worthy of repair. Cartridge boxes to be packed away. Other accoutrements to be repaired. Arms at the armo 6. It shall be the duty of the captain of the public guard, before ry to be repaired. proceeding to the Lexington arsenal for the purpose of packing the arms there in boxes, as directed by the fourth section of an act, passed at the last session of assembly, the seventeenth day of February, eighteen hundred and twenty-three, to cause to be repaired, all such arms, now out of repair, in the armory, as can be repaired under the provisions of the act directing that duty to be performed. (a) Appropriation of money to carry this act into effect. 7. And be it further enacted, That in order to carry the provisions of this act into effect, the executive be authorized to draw upon the treasurer, for such sum or sums of money as may be necessary therefor: Provided, The same shall not amount to more than the sum of five hundred dollars; and the auditor is hereby au thorized and required to issue his warrants therefor, to be paid out CHAP. 75.—An ACT concerning the armory, and for other purposes." (Passed March 8th, 1827.) Commencement. of arms. 1. Be it enacted by the general assembly, That so soon as the Executive to susarms already repaired at the armory, shall have been packed in bend the repairs boxes, as prescribed by law, the executive shall be, and they are hereby authorized and required to suspend the repairs of arms heretofore directed by law; the executive shall also cause to be re- What arms to be moved from the armory to the arsenal at Lexington, as many rifles removed to the and muskets as can conveniently be received in addition to those nal. already there. (a) Lexington arse guard, as superin of arms disconti 2. And be it further enacted, That the thirteenth section of the The salary of the act, entitled, an act to amend the act, entitled, an act to reduce captain of public into one all acts and parts of acts for regulating the militia of this tendent of repairs commonwealth,'" passed February the seventeenth, one thousand nued. eight hundred and twenty-three, which allows compensation to the captain of the public guard, as superintendent of repairs of arms, shall be, and the same is hereby repealed.(b) vice to be substi of the militia. ch. 6, pp. 9, 10, re 3. And be it further enacted, That the fourth section of the act, Arms unfit for serentitled, "an act providing for the repairs of the armory, and the tuted for those preservation of the public arms," passed the twenty-eighth day of now in the hands February, one thousand eight hundred and twenty-two, which di- 4th & act 1821-2, rects that certain arms designated in the report of the joint com- pealed. mittee, as "unfit for field service," be sold, shall be, and the same is hereby repealed, and the executive are hereby authorized and required to substitute such arms for others now in the hands of the militia.(c) 4. And be it further enacted, That the executive be, and they Executive to are hereby authorized and required, to have the gun carriages now cause gun carriages to be inspectat the armory inspected, and have selected such wheels and other ed and preserved. parts as may be deemed worth preserving, and the irons separated and preserved for future use; and the executive shall also cause to Timber for mountbe procured by the superintendent of the penitentiary, suitable artillery to be timber in sufficient quantity for mounting fifty pieces of artillery, to intendent of penibe seasoned and kept ready for use when required. (d) procured by super tentiary. re-painted. 5. And be it further enacted, That the executive shall be, and Exterior building are hereby authorized and required, to cause the exterior surface to be repaired and of the armory buildings to be repaired, and the wooden parts repainted; and the said buildings and public property at the armory, are hereby placed for preservation in the care of the commandant of the public guard, who is charged with the same as a duty appertaining to his office. (e) Armory and pub lic property placed under the care of commandant of public guard. Executive to pur chase an addition 6. And be it further enacted, That the executive are hereby required, at as early a period as convenient, in pursuance of the act al site for an arsepassed the ninth of March, one thousand eight hundred and nine- nal. Acts 1826-7, ch. 6, p. 10. (a) Vid. acts 1822-3, ch. 44, p. 47, ante. ch. 58, 72, 73. Shelter to be erected for preservation of timber, upon (b) Ante. ch. 58, § 13. (c) Ante. ch. 73, § 4. (d) Post. ch. 76, § 4. the lot at the penitentiary. (e) Vid. ante. ch. 69, note (a). |