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to contract for

teen, relating to the erection of arsenals, to purchase a site for the erection of one additional arsenal, and contract for the erection of

suitable buildings for the same. (f) Adjutant general 7. And be it further enacted, That the adjutant general be, and cleaning, repairing

he is hereby authorized and required to contract with some suitable and packing arms. person or persons for the cleaning, repairing and packing such of

the public arms at the armory unrepaired, as he may deem worthy Proviso. of repair: Provided, nevertheless, That the contract or contracts to

be made, shall not in the whole amount exceed the sum of two Bond to be taken thousand dollars; the adjutant general shall take bond with suffiof the contractor. cient security payable to the governor of the commonwealth for the

time being, and his successor in office, conditioned for the faithful Certificate of ad- performance of any contract made under this act; the certificate thority to auditor of the adjutant general that bond and security has been given, as to issue warrant in required by this act, shall be authority for the auditor to issue his

warrant in favour of any contractor, on the public treasury, for such amount as may be payable to such contractor, on account of any

contract made under the provisions of this act. Adjutant general

8. Be it further enacted, That the adjutant general be authoto sell to contrac- rized to sell to any contractor or contractors under this act, such tor materials belonging to the materials belonging to the commonwealth, as may be wanted by

such person to enable them to fulfil their contract.(8)

of tractor.

state.

Chap. 76.-An ACT concerning the armory, and for other purposes.*

[Passed February 28th, 1828.] Perisbablo proper.

1. Be it enacted, That the executive are hereby authorized and ty in armory to be pold.

required to cause to be sold, such articles, now stored in the armory, as are going to decay, and as in the opinion of the adjutant general, are not of sufficient value to be retained for future use, provided a sale can be effected upon terms deemed advantageous

to the commonwealth. Executive to ob- 2. And be it further enacted, That the executive be authorized tain surrender of and required to obtain from Messieurs Archer and Povall, a surmill.

render of their lease of the boring mill, et cetera, if it can be done upon terms advantageous to the commonwealth, in the opinion of the executive.(a)

3. And be it further enacted, That the executive be authorized ther lease, sale or exchange can be

and required to ascertain upon what terms the armory buildings

and land attached thereto, can be sold, exchanged or leased for a Report to legisla- term of years, and communicate to the next general assembly the

result of their enquiry. Shelter for timber

4. And be it further enacted, That the executive shall cause a shelter to be erected, at some convenient place upon the penitentiary lot, for the purpose of preserving the timber authorized to be

procured by the fourth section of the act passed the eighth day of Acts of 1826-7, ch. March, eighteen hundred and twenty-seven, entitled, an act con6, \ 4. cerning the armory, and for other purposes."(6) Commencement.

To ascertain whe

effected.

ture.

to be erected.

5. This act shall commence and be in force from and after the

passage thereof.

($) Vid. 1 Rev. Code 1819, ch.35, § 103 to 110, for the act referred to. Section repealed, post. ch. 63, acts 1827-8, ch. 9, p. 10. (g) Sections 9 and 10 omitted, having been inserted under the title university.

Acts 1827-8, ch. 8, p. 10. (a) Vid. post. ch. 77, § 1. (1) Vid. ante. ch. 75, $ 4.

CHAP. 77.-An ACT concerning the armory, and for other purposes."

(Passed January 29th, 1829.) Whereas Doctor Branch T. Archer and William Povall are te- Preamble. nants in possession of the boring mill, et cetera, by lease from the commonwealth, and it is deemed expedient that the commonwealth should be re-possessed of the boring mill aforesaid, and the said Archer and Povall have signified a willingness to surrender their lease :

1. Be it therefore enacted, That the executive be, and they are Upon what terms hereby authorized and required, to accept a surrender of the lease of the boring mill upon the terms following, to wit: Archer and Povall shall surren- to be accepted. der their lease for the boring mill, and transfer to the commonwealth the mill, together with all machinery used or employed on the armory lot by them for grinding indian corn, crushing plaster of paris, and the cotton gin, propelling machines and cotton press; the executive on the part of the commonwealth release all rents in arrears, and claims for repairs of the boring mill buildings, and cause the suit in chancery, instituted against Archer and Povall, to be dismissed.

2. This act shall be in force from and after the passage thereof. Commencement.

Chap. 78.-An ACT to provide for the repairing of public arms, and for other

purposes.t

[Passed April 7th, 1831.] 1. Be it enacted by the general assembly, That the commanding Artificers to be officer of the public guard, under the direction of the governor of and pack away! this commonwealth, be, and he is hereby required to employ five arms in armory. artificers, by the month or day, for the purpose of cleaning, repairing and packing away in boxes, or air proof chambers, such of the muskets, pistols, swords, carbines and rifles, as he may from time to time select from among those at the armory, and which are not in good order, beginning with those that require the least repairing first. That the said commanding officer be, and he is hereby re- Part of the armory

to be repaired. quired, under the direction of the governor of this commonwealth, to have the water wheel in the west wing of the armory repaired, together with any other machinery or tools, now in the armory, that may be wanted for the purpose aforesaid ; and also to provide ma- Materials to be terials, and have made such other machinery, tools and air proof provided. chambers, as may be necessary for carrying this act into effect : Provided, All materials on hand that will answer, including limbs Proviso. and component parts, to be taken from arms, which in his opinion are not worth repairing, be first used : And provided also, That all Swords and pistols the swords and pistols, together with all the muskets of inferior qua- proof chambers. lity, be packed away in air proof chambers.

2. And be it further enacted, That the governor of this com- Gun boxes to be monwealth be, and he is hereby authorized and requested, upon the

made at peniten

tiary. requisition of the commanding officer aforesaid, to have the necessary number of gun boxes made at the penitentiary house, to be made air proof, of the description and quality of those used in the United States armories, of well seasoned pine or poplar plank, free from knots or defects.

* Acts 1828-9, ch. 10, p. 11.

† Acts 1830-31, ch.53, p. 124. Additional artificers directed to be employed, post. ch. 79, § 1, acts 1831-2, ch. 17, p. 15.

Appropriation. 3. Be it further enacted, That the sum of two thousand dollars

be, and the same is hereby appropriated, out of any monies in the treasury not otherwise appropriated, for the purpose of carrying the provisions of this act into effect; and the auditor of public accounts, upon certificate from the governor, is hereby authorized and required

to issue his warrants upon the treasury for the same. Salary of the offi- 4. And be it further enacted, That for the additional duties renerealede guard quired by this act, of the officers of the public guard stationed at

the armory in Richmond, they be allowed annually, in addition to what they now receive, the sum of two hundred and eighty dollars,

to be paid in proportion to the rank and pay of each, quarterly, as Wages of artifi- other salaries are now paid. And the artificers to be employed un

der this act shall each receive such wages as the commanding officer aforesaid may agree upon, to be paid in the same manner as the non-commissioned officers and privates of the public guard are now paid, their names being entered upon check and pay rolls to be

kept for that purpose. Commencement. 5. This act to commence and be in force from and after the

passing thereof.

cers.

Chap. 79.-An ACT to provide for repairing public arms and the armory, and

for other purposes.*

(Passed March 13th, 1832.) Artificers for re

1. Be it enacted by the general assembly, That in addition to pairing arus, to be the artizans authorized to be employed by the act, entitled,

an act employed.

to provide for the repair of public arms, and for other purposes," passed April the seventh, eighteen hundred and thirty-one, that the commanding officer of the public guard, under the direction of the governor of this commonwealth, be, and he is hereby required to employ five artificers, by the month or day, for the purpose of car

rying into complete effect the provisions of the above recited act, Their wages. and that their wages be contracted for and paid in the manner Repairs to armory. mentioned in the said act, and that he cause the leak in the cupola

of the armory to be stopped, and the outside painted, and the floor, platform and steps of the officers' quarters, with such doors, gutters and conductors on the building as may be necessary, to be repaired

and made. Sum appropriated. 2. Be it further enacted, That the sum of four thousand four

hundred and seventy-five dollars be, and the same is hereby appropriated, out of any monies in the treasury not otherwise appropriated, for the purpose of carrying the provisions of this act into effect: and the auditor of public accounts, upon certificates of the governor, is hereby authorized and required to issue his warrants

upon the treasury for the same. Commencement. 3. This act shall be in force from its passing.

Chap. 80.–An ACT authorizing the governor to procure, on behalf of the

commonwealth, certain military equipments.t

(Passed March 20th, 1832.) Military equip

1. Be it enacted by the general assembly, That the governor be ments to be pro- authorized to contract for, or cause to be made at the penitentiary, cured.

as many cartridge boxes, with belts, pistol holsters, sword slings, powder horns and rifle pouches, as in his opinion the public service may require; each to be made by one pattern, and on the most approved construction.

* Acts 1831-2, ch. 17, p. 15. See ante, ch, 78, § 1, 2. + Acts 1831-2, ch. 18, p. 15.

2. Be it further enacted, That the governor be authorized to Field pieces to be cause to be mounted and prepared for immediate use, as many field mounted. pieces, (four and six pounders,) as in his opinion the public service may require, together with the necessary number of caissons, and all suitable implements: the gun carriages, and all other fixtures appertaining thereto, to be constructed according to the most approved model now used in the army of the United States.

3. Be it further enacted, That the governor be authorized, at Shelters to be his discretion, to cause suitable shelters to be erected from time to

erected. time, at the expense of the state, for the preservation and safe keeping of any field pieces in the possession of the commonwealth, which are or may be mounted on carriages, together with the caissons, and

any other fixtures which may belong thereto. 4. And be it further enacted, That the sum of ten thousand dol- Sum appropriated. lars be, and the same is hereby appropriated to the above objects, and that any expense which may be incurred by virtue of contracts made under the authority of this act, shall be certified by the governor, and be paid on the auditor's warrant for the same, out of any money in the treasury not otherwise appropriated.

5. This act shall be in force from the passage thereof.

Commencement.

commissioned offi

Chap. 81.-An ACT concerning the Lexington arsenal, and for other pur

poses.*

(Passed March 20, 1824.) 1. Be it cnacted by the general assembly, That the executive be, Executive to cause and they are hereby authorized to cause the buildings at the Lex- buildings at Lexington arsenal, to be covered with slate, zinc, or tin, and to have be covered with such other changes and alterations made as may be found needful slato, &c. for their better security and preservation.

2. Be it further enacted, That the non-commissioned officers of Addition to non. the guard at said arsenal be increased by adding thereto two cor

cers of guard at porals, to be promoted from the privates of said guard; and that the arsenal." said corporals be allowed the usual pay and rations of that class of non-commissioned officers.(a)

3. Be it further enacted, That the executive be, and they are Barracks at southhereby authorized to have the house, commonly called the barracks, capitol square to now standing on the south-west corner of the capitol square, sold at be sold. public auction, and to have a small two-storied house, with a cupola Houso to be erectfor a bell, not exceeding twenty feet square, erected for the accom-ed for accommodamodation of the guard stationed for the protection of the capitol, on lieu thereof. or near the site of the said barracks.

4. Be it further enacted, That the expenses incurred under the Appropriation to first and third sections of this act be defrayed out of any monies in under this act. the treasury not otherwise appropriated.

5. This act shall be in force from and after the passing thereof. Commencement. Acts 1823-4, ch. 31, p. 34.

(a) Number of officers and complement of men prescribed, 1 Rev. Code 1819, ch. 35, $ 105, p. 126.

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tive.

Chap. 82.-An ACT providing for cleaning and packing the arms at the Lex

ington arsenal, and for other purposes.*

(Passed February 12th, 1825.) Preamble. Whereas by the twelfth section of the act, entitled, an act to

amend the act, entitled, 'an act to reduce into one all acts and parts of acts for regulating the militia of this commonwealth,'” passed February the seventeenth, eighteen hundred and twentythree, so much of the fourth section of the act, passed February the twenty-eighth, eighteen hundred and twenty-two, entitled, “an act providing for the repairs of the armory and the preservation of the public arms," as directs the executive to dispose of the muskets denominated in the report of the joint committee of the general assembly, "unfit for field service," is repealed; and it now appears, from the reasons of the joint committee of this session, that the sale

of all such arms is expedient: Certain public 1. Be it therefore enacted by the general assembly, That the exarms untit for ser-ecutive of this commonwealth be, and they are hereby directed and be sold by execu- required, as soon as may be, to sell, for the best price that can be

obtained, either by private contract or at public auction, all such muskets now in the public armory, and all such as may hereafter be brought there, denominated in the report of the joint committee for the year eighteen hundred and twenty-one and eighteen hundred and twenty-two, as "unfit for field service," and distinguished in the report of this session, as “four thousand and fifteen muskets,

being of smaller calibre than those furnished by the United States, Limitation as to or manufactured by this state :" Provided, nevertheless, That the price.

said four thousand and fifteen muskets shall, in no instance, be sold at a less price than five dollars per stand,

And whereas it is deemed expedient, that the arms now in the Lexington arsenal, be cleaned and packed in boxes at an earlier day than is contemplated by the fourth section of the act of eighteen hundred and twenty-two, and eighteen hundred and twentythree, which directs that the work at the Lexington arsenal shall be done by the same artificers employed to clean and pack the arms at the armory, after they shall have completed the work at

the armory: Executive to con- 2. Be it therefore further enacted, That the executive of this tract for cleaning commonwealth be, and they are hereby authorized and required now in Lexington to contract, as soon as practicable, with some fit person or persons,

for cleaning and packing in boxes, made of well seasoned timber, all the arms now at the Lexington arsenal, in the same manner as the arms are now cleaned and packed in boxes at the armory,

and Limitation as to having the same number in each box: Provided, That it be stipuprice.

lated that the cost per each stand of arms so cleaned and packed, Arms out of order, shall not exceed sixty-two and a half cents. In the said contract, to be repaired.

it shall be provided, that should any of the arms at the said arsenal be found out of repair, it shall be the duty of the said contractor or contractors, under the direction of the commandant of the guard at the said arsenal, to repair all such arms, at some fair price by the stand, to be regulated by the average work and labour expended

upon the same, to be judged of by the commandant of the guard at Bond and security the Lexington arsenal aforesaid. And the said contractor or con

of tractors. tractors, as the case may be, so undertaking, shall enter into bond,

arsenal,

* Acts 1824-5, ch. 24, p. 22. Vid. acts 1822-3, ch. 44, p. 47, § 12, ante. ch. 58,

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