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executed with one or more sufficient sureties, payable to the governor for the time being, and his successors in office, conditioned for the skilful and faithful performance of his or their contract, and for its prompt execution within convenient time. It shall be the duty Duty of commanof the commandant of the guard at the Lexington arsenal, to super
dant of guard. intend the cleaning and packing in boxes as aforesaid, all the said arms, as also the repairs of said arms, whenever repairs are necessary; and see that all the requisites of this act be done and executed with skill and care, and according to the stipulations of the contract which shall be made and concluded by the executive. And for that purpose, it shall be the duty of the executive to furnish the said commandant with an attested copy of the contract so made and concluded as aforesaid. And upon the certificate of the said Arms cleaned and commandant being presented to the executive, stating that any cer-packed; & cu o cor tain number of arms have been cleaned and packed, and repaired tificate, as aforesaid, if necessary, according to the contract aforesaid, it shall be lawful for the executive to direct the auditor of public accounts, to issue his warrant on the treasury to pay for such number of arms as are so certified to be cleaned, packed and repaired; and ten thousand so soon as the arms at the Lexington arsenal shall be cleaned and stand of arms, packed as aforesaid, it shall be the duty of the executive to cause mory, to be reten thousand stand of such arms as are already cleaned and pack
moved to Lexinged, now at the armory, to be removed from the armory to the Lexington arsenal, to be there preserved in safety as the arms now at said arsenal.
3. Be it further enacted, That the sum of twelve thousand dol- Appropriation to lars shall be and the same is hereby appropriated for the payment
detray expenses. of the expenses which shall be incurred in the execution of this act. And the auditor of public accounts is hereby authorized and required to issue his warrant or warrants upon the treasury therefor, as he may, from time to time be directed by the executive, to be paid out of any money in the treasury not otherwise appropriated.
4. And be it further enacted, That the commandant of the guard Lot of ground at at the Lexington arsenal in the county of Rockbridge, be, and he arsenal to be en: is hereby authorized and required to inclose the lot of ground, on vated. which the said arsenal is erected, with a good and substantial fence, made either of stone, brick or wood, as to him shall seem best; and that he shall cause the same, so inclosed, to be cultivated in such manner as is best calculated to preserve and improve the same; and that the expense incurred for such inclosure and work done, Exnense of such shall be paid out of the treasury, in such proportion, as the com
work, how to be
paid. mandant of the said guard may deem necessary during the progress of the work; being certified as for the repair and cleaning of arms aforesaid ; provided, that the sum expended for the whole work, Limitation of cost. does not exceed the sum of two hundred dollars.
5. This act shall commence and be in force from and after the Commencement. passing thereof.
Chap. 83.-An ACT to repeal certain parts of acts for the erection of arse
(Passed February 15th, 1828.) Repealing acts for 1. Be it enacted, That all acts and parts of acts now in force, the erection of ar which provide for erecting any arsenal or arsenals, not heretofore rected. erected, and for removing any of the public arms to such arsenal
or arsenals, for preservation, shall be, and the same are hereby re
pealed. Commencement. 2. This act shall be in force from and after the passing thereof.
Power and duties
the governor vest. ed in lieutenant governor,
Chap. 84.-An ACT concerning the executive department under the amended
(Passed February 8th, 1831.) Term of office of 1. Be it enacted by the general assembly, That the term of office governor, when to of the governor of this commonwealth who may be elected under
the amended constitution, shall commence on the thirty-first day of March, one thousand eight hundred and thirty-one.
2. Be it further enacted, That the governor of this commonof the governor. wealth so elected shall exercise all the power and perform all the
duties subject to the provisions of the amended constitution, which the governor is now authorized and required by law to exercise and
perforın with the advice of the council of state. When power and 3. Be it further enacted, That in the event of the death or resigcompensation of
nation of the governor, the lieutenant governor, acting as governor, shall receive, in lieu of his pay as a member of the council of state, the compensation which is by law directed to be paid to the governor, and shall enjoy all the privileges, exercise all the powers and perform all the duties, which are or may be by law conferred on,
vested in, or required of the governor of the commonwealth. Salaries of the
4. Be it further enacted, That the following officers of the executive department shall receive for their annual salaries, in quarterly payments, after they shall have been audited according to law, the following sums of money: the governor, the sum of three thousand three hundred and thirty-three and one-third dollars: the members of the council of state, the sum of one thousand dollars each : the clerk of the council and keeper of the seals, the sum of thirteen hundred and twenty dollars: the assistant clerk of the council, the sum of one thousand dollars: the copying clerk of the council, the sum of seven hui red dollars : and the door-keeper to the council,
the sum of five hundred dollars.(a) Repealing clause. 5. All acts and parts of acts, coming within the purview of this
act, shall be and the same are hereby repealed.
governor and council and their oflicers.
6. This act shall commence and be in force from and after the
* Acts 1827-8, ch. 9, p. 10. Vid. ante. ch.75, § 6.
+ Acts 1830-31, ch. 3, p. 36. For the powers and duties of the governor, see amended constitution, ante. ch. 3, art. iv. p. 22. This act amended, post. ch. 85, acts 1831-2, ch. 9, p. 11. Secretary of the commonwealth to be clerk to the executive, ibid. § 1.
(a) So much of this section as fixes the compensation of the clerk, assistant clerk and copying clerk of the council, repealed, post.ch. 85, § 4; acts 1831-2, ch. 9. p. 12.
CAAP. 85.-An ACT to amend the act, entitled, "an act concerning the executive department under the amended constitution,” passed February 8th, 1831.*
[Passed March 15th, 1832.] 1. Be it enacted by the general assembly, That there shall be a Clerk of executive secretary of the commonwealth, or clerk of the executive depart- how appointed. ment, who shall be appointed by the governor. Before he shall be Oaths required of capable of acting, he shall take an oath faithfully and honestly to execute the duties of his office, the oath prescribed by the act to suppress duelling, and also an oath to keep secret such matters as he shall be required by the governor to conceal. He shall be keeper His duties preof the seals of the commonwealth ; shall keep a regular record of scribed. all the executive acts; shall faithfully keep all the records, and carefully arrange, file and preserve all the papers belonging to the executive department, and be charged with all the clerical duties of that department; he shall render to the governor in the despatch of the executive business such services as he may require: he shall Librarian. also be librarian of the state, and discharge all the duties and assume all the responsibilities attached to that office. To aid him in Assistant clerk the discharge of the duties of his office, he shall have authority to
and copyist, how
appointed. appoint an assistant clerk, and may, when the business shall render it necessary in the opinion of the governor, employ a copyist, provided that the compensation to such copyist shall not exceed two Pay of copyist. hundred dollars per annum.(a)
2. Be it further enacted, That the secretary of the common- Salary of clerk of wealth or clerk of the executive department shall receive annually
executive. for his services, the pay now allowed to the clerk of the council of state and the librarian; his assistant clerk shall receive annually the Of assistant clerk. pay now allowed to the assistant clerk of the council of state; and of clerk of counthe clerk of the council of state shall receive annually the sum of cil. five hundred dollars, to be paid quarterly as heretofore.(6)
3. The rooms in the capitol heretofore used by the executive Executive rooms. council shall continue appropriated for the use of the governor and council of state.
4. Be it further enacted, That so much of the act passed the Repeal of law fixeighth of February, eighteen hundred and thirty-one, as fixes the of clerk of council. compensation of the clerks of the council of state is hereby re
Acts 1830-31, ch.
3, 4, p. 37. pealed.(c)
5. This act shall commence and be in force from its passing.
* Acts 1831-2, ch. I, p. 11. For the act to which this is an amendment, ses ante. ch. 84 ; acts 1830-31, ch. 3, P.
36. (a) Former law gave the governor no clerk. The council appointed a clerk, assistant clerk and copying clerk, and the clerk of the council was keeper of the seals and librarian; these duties are by this section transferred to the secretary of the commonwealth.
(6) Pay of the former clerk of the council, thirteen hundred and twenty dollars, see ante. ch. 84, § 4; acts 1830-31, ch. 3, p. 37. Pay of librarian, three hundred dollars, acts 1828-9, ch. 8, § 4, p. 10; ante. ch. 51, § 4. Commissions allowed Jibrarian upon sales of books belonging to library fund, acts 1829-30, ch. 8, § 3, p. 11; ante. ch. 52, § 3. Pay of assistant clerk, one thousand dollars, ante. ch. 84.
(c) See ante. ch. 84, § 4.
voters for elec
number of electors.
elected where two
of same district
CHAP. 86.-An ACT to provide for the appointment of electors to choose a president and vice-president of the United States.*
(Passed March 16th, 1832.) Qualification of
1. Be it enacted by the general assembly, That the persons quali
fied to vote for members of the general assembly of this commontors; time and place of election; wealth, shall assemble at their respective courthouses, or at such
other place or places, as now are, or may hereafter be prescribed by law for holding a separate poll or polls for the election of inembers of the general assembly, on the first Monday in November next, and shall each vote for twenty-two electors of a president and
vice-president of the United States, in manner herein after proviManner of voting ded. Every voter shall vote for one person residing in each of the Electoral districts.
congressional districts as arranged by the act, entitled, "an act to amend the act for arranging the counties of this commonwealth into districts to choose representatives to congress," passed January the twenty-fourth, eighteen hundred and twenty-three, instead of the electoral districts arranged by the act of which this is amenda
tory.(a) Who declared 2. In case any ticket shall contain two or more names of peror more residents sons residing in the same district, the first of such names only shall
be considered as duly voted for; and in the like manner if two or are voted for.
more persons shall be of the tweniy-two first on the poll, who shall
reside in the same district, he who shall have the greatest number Commissioners to of votes only, shall be duly elected. The governor, after having conduct elections, submitted the case to the council of state for advice, shall, on or how and when appointed. before the first day of August next, appoint and commission three
persons in each county of this state, and in the cities of Richmond and Williamsburg, in the borough of Norfolk, and also in the town of Petersburg, for the purpose of executing this act, any two of
whom shall be competent to act. Oath of commis- 3. Every person so appointed and commissioned, before he enters
on the duties herein enjoined, shall take and subscribe the following oath or affirmation : "I, A. B., do solemnly swear, (or affirm,) faithfully and truly to execute the office of a commissioner, under the act, entitled, ' an act to provide for the appointment of electors, to choose a president and vice-president of the United States,' that I will, to the best of my skill and judgment, admit all persons to vote entitled to do so, and reject all not so entitled; and that I will make à fair return of the persons voted for as electors, within my county, (city or borough,) and of the number of votes given for each, according to the said act. So help me God." But every person so
* Acts 1831-2, ch. 31, p. 28. The acts passed on this subject since the revisal in 1819, are omitted, having been superseded by this act; the re-apportionment of representation under the census of 1830, having reduced the number of members of congress to which the state is entitled, to twenty-one, and by consequence the number of electors to twenty-three, the districts as prescribed in the act of 1822-3, ch. 41, p. 42, are inapplicable; and the remaining provisions of that act are re-enacted in this, and may also be found in the Revised Code, ch. 48. The act of 1828, ch. 54, p. 37, prescribes the mode of conducting separate elections; provides for the election of electors for the year 1828, and requires the election to be conducted in conformity to the act of 1823, except that polls are authorized to be opened at the separate election districts, which the former law prohibited; but, this law also, has been superseded by the act of 1830-31, ch. 1, post. ch. 88; it is therefore omitted.
(a) For the persons qualified to vote for members of the general assembly, see acts 1830-31, ch. 1, § 3, p. 15; post. ch. 88, $ 3; also amended constitution, ante. ch. 5, art. 111. § 14, p. 21. Congressional districts prescribed, post. ch.87; acts 1822-3, ch. 40, p. 41.
appointed as a commissioner, by the governor, for any county in which any other place or places, than the courthouse thereof, shall have been prescribed by law, for holding a separate poll or polls, for an election of members of the general assembly, shall instead of the oath above provided, take and subscribe the following oath or affirmation : “I, A. B., do solemnly swear, (or affirm,) faithfully Oath of commisand truly to execute the office of commissioner, under the act, entitled, having separate 'an act to provide for the appointment of electors to choose a president and vice-president of the United States;' and as the same may be affected by the provisions of the act, entitled,' an act concerning Acts 1830-31, general elections in this commonwealth, passed the second day of P. 34. April, in the year one thousand eight hundred and thirty-one: that I will, to the best of my skill and judgment, admit all persons to vote, entitled to do so, who may apply to vote at the courthouse of my county, and reject all not so entitled; and that I will make a fair return of the persons voted for as electors, within my county, and of the number of votes given for each, according to the said acts, as the said votes shall have been taken at the courthouse of my county, or certified to me agreeably to the provisions of the last mentioned act, by such commissioner or commissioners as may have superintended the election of electors, at any other place or places in my said county, designated by law for holding a separate poll or polls for the election of members of the general assembly. So help me God.” Which Duty of magistrato
administering affidavit, in either case, the magistrate administering the oath or oath. affirmation, shall return, attested, to the clerk of the county or corporation court, to be by him filed: and the said magistrate shall also give to such commissioner a certificate that he hath taken the oath prescribed by this act. It shall be the duty of such com- Duty of commis
sioners. missioners to attend at their respective courthouses on the day appointed for said elections, and then and there to hold the same, in the manner following: they shall receive of each person whom they Mode of voting. shall adjudge to be entitled to vote, in his county or corporation, a
paper containing the names of twenty-two persons, for whom such person shall vote as electors; on the back of the paper shall be written the name of the person voting, which person, however, before his vote shall be polled, shall also declare viva voce, for whom it is that he votes as electors; which he may be allowed to do, either by repeating the name of each twenty-two individuals voted for, or by any other intelligible designation of them collectively; and as the votes are given, it shall be the duty of the said commissioners to take an exact poll of the names of all persons so voting, under the names of the persons voted for. shall be the duty of Duty of clerks. the clerk of each county and corporation, to attend at the said election for the electors of a president and vice-president of the United States, at the courthouse of the county, city or borough, with the list of lands and lots as taxed therein, and also the list of all personal property subject to a revenue tax therein, to be used by the said commissioners as evidence towards ascertaining the right of any persons to vote. If it shall appear to the said commissioners Poll, when and that the persons entitled to vote, were prevented from attending by kept lopen bad weather, or any other cause, they are hereby empowered and required to keep the poll open for a term not exceeding three days.(6) So soon as the poll is closed, the said commissioners, appointeá Pollo, how authen
(6) See acts 1831-2, ch. 30 ; post. ch. 89, § 2.