N THE TWENTY-FOURTH YEAR OF THE COMMONWEALTH. 491 respectively, to receive all fuch arms and accoutrements, and grant a receipt therefor to the officer commanding the regiment, ftating their condition at the time of fuch delivery, and fhall moreover deliver the fame to the feveral officers commanding companies in the refpective battalions, in due proportion, according to the number of men belonging to fuch companies. It fhall be the duty of each officer commanding a company to receive the fame, and grant a receipt there for to the officer commanding the battalion, defcribing in like manner the condition of fuch arms, and fhall moreover deliver the fame into the hands of his non-commiffioned officers and privates, in fuch manner as may be directed by the commanding officer of the regiment; and it shall be the duty of all non-commiffioned officers and privates to receive fuch arms when they fhall 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 fhall be the duty of all perfons in the militia who receive into their poffeffion public arms, according to the direction of this act, to keep the fame in neat and good order, the mufket, barrel and bayonet free from ruft, and bright, the lock clean, well oiled, and with a good flint, and to appear with fuch arms at every mufter, where by law they are obliged to appear, and at all other times when they may be called on duty; and at all mufters the officers in their respective stations, shall be diligent and careful in training and inftructing their men, and infpecting their arms, in noting delinquencies, and making report thereof as herein after directed.

IV. IF any perfon in the militia poffeffed of public arms as aforefaid, fhall be about to remove out of the limits of his regiment, or during fuch poffeffion arrive at the age of forty-five years, or in any other manner have right to be difcharged from militia duty, every fuch perfon before fuch removal, or before he shall be entitled to any fuch discharge, fhall deliver to the officer commanding the company to which he belongs in good order and unimpaired, fuch public arms as may have been delivered to him, and if any perfon fo poffeffed fhall die, it fhall be the duty of the officer commanding the company to which he belonged, immediately to take poffeffion of fuch arms, infpect, and take care of them in the manner herein after directed, to be delivered to fome other perfon in his company in manner before directed.

1799.

Militia to keep their ams in good order,

Militiaman removing er arriving to 45 years of ag, to return his arms

V. IT fhall be the duty of officers commanding companies, within ten Officers to recovry arms days after each mutter which he shall have, to make return of his company to embezzled or removedr the major commanding the battalion, reporting all delinquencies that happen at fuch mufter, and if at any time it fhall come to his knowledge, that any one of his company has embezzled or difpofed of his arms, or has removed out of the limits of his regiment, without delivering them up as herein before directed, in all fuch cafes, it fhall be his duty immediately to proceed by and under the authority of a warrant according to law, iffuing from any juftice of the peace of the county or counties, where fuch arms, or any part thereof, are fuppofed to be, to regain the poffeffion of fuch arms wherever the fame may be found; and it fhall moreover be the duty of fuch captain to proceed, as is herein after directed, to bring to punishment according to this act, every person offending in the difpofing, buying, or concealing fuch arms:

VI. AND for enforcing obedience to this act, Be it enacted, That the fol- Penalties on officers for lowing forfeitures and penalties fhall be incurred for delinquencies, that is to failure or neglect of daty fay; by a commanding officer of a regiment, for failing or refufing to receive herein. the arms for his regiment and delivering them out as directed, for each and every fuch offence or neglect, fall forfeit and pay a fum 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 fuch neglect, fhall 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 fame, to make any report concerning the faid arms, to deliver the fame according to this act, for each and every fuch offence, neglect, or failure, he fhall forfeit and pay a fum not exceeding fifty dollars; by a fubaltern officer failing to do any of the duties herein required of his captain, in case of his abfence, for each and every fuch offence, failure, or negle&, shall forfeit and 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 refusing to receive any arms when offered, for failing to keep

Dd d

or purchafing public

arms.

the fame in order, as directed by this act, to return the fame when legally required, for each and every fuch offence, failure, or neglect, shall forfeit and pay a fum not exceeding one dollar.

VII. AND be it further enacted, That any non-commiffioned officer or folPenalty for transferring dier, who fhall attempt to transfer a right to the faid arms in his cuftody, or to any part thereof, by fale or otherwise, to any perfon or perfons, accompanied by actual delivery, as well every perfon fo offending, as every perfon purchafing or concealing the faid arms, knowing the faid arms to be the property of the public, fhall forfeit and pay for each offence the fum of fifteen dollars, to be recovered in the name of the commonwealth, by motion in any court of record within this ftate, provided fuch perfon, his agent or attorney fhall have ten days previous notice of fuch motion; and the right of the commonwealth to fuch arms shall not by fuch or any other mode of transfer, be impaired or taken

Troops of artillery, &c. to be armed agreeably to

their numbers.

Sheriffs to return lifts of insolvencies when collecting militia fines.

Punishment for offences not therein provided for after the act amending the penal laws fhail com

mence in force,

away.

VIII. AND whereas the feveral companies of artillery, grenadiers, light infantry, riflemen, and troops of cavalry, are allotted into claffes by entire companies and troops, Be it therefore enacted, That the governor fhall caufe them to be armed by entire troops and companies, agreeable to their respective nambers, beginning at number one in each regiment, as foon as the arms neceffary for that purpofe can be obtained; and they fhall be fubject to the fame rules and regulations, for the fafe keeping the faid arms, as are prefcribed by

this act to the reft of the militia.

IX. AND be it further enacted, That it shall be the duty of sheriffs who have or may undertake the collection of militia fines, to return before the next fuc ceeding regimental court of enquiry, after receiving a lift of fuch fines, a lift of all infolvencies within fuch regiment, to be examined by the faid court, who fhall judge of fuch infolvents, and fhall direct their clerk to certify a part of the whole of any such lift, as to them shall seem juft. For the amount of which lift fo certified, the sheriff shall be allowed a credit in fettling his account with the auditor.

X. AND be it further enacted, That the sheriffs fhall be allowed till the fifteenth day of December in each year, to fettle up his faid account with the auditor.

XI. THAT all charges and expenditures neceffary for carrying this a into effect, thall be paid out of any money in the public treasury.

CHAP. CCLXIV.

An Act fupplemental to the Act to amend the Penal Laws of this Commonwealth. [Paffed the 25th of January, 1900.]

I.

BE2

E it enacted and declared by the General Amlly of Virginia, That from and after the period when the act, intituled," An act to amend the penal laws of this commonwealth," fhall commence and be in full force and operation, if any free person shall be convicted (either as principal or acceffory) of any felony or offence whatfoever, not already provided for by the faid 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 benefit of clergy, every fuch offender from whom the benefit of clergy would have been ta ken away, fhall be fentenced to undergo a confinement in the jail and penitentiary house, established by the faid recited act, for a period not less than one, nor more than ten years, and fhall be kept therein at hard labour, or in folitude, and in all other refpects be treated as in and by the faid recited act is directed. II. AND whereas the method heretofore observed in calling courts for the examination and trial of criminals in the counties and corporations of this commonwealth, has been found inconvenient and expenfive, and fometimes to obftruct public juftice: For remedy whereof, Be it further enacted and de Called courts failing to clared by the ieneral Affembly. That hereafter when any free perfon or flave shall be committed to jail, by any juftice of the peace of any county or corporation for examination or trial, and the court fummoned by the fheriff for the examination or trial of fuch free perion or flave, fhall fail to meet as heretofore prefcribed by law, all the recognizances entered into by any perfon or perfons to appear at fuch called court, thail ftand obligatory to the next court of fach county or corporation, and every fuch perfon or perfons shall be obliged to ap Fear accordingly, and that fuch examination or trial hall be at the next court

meet, recognizances to ftand continued till next court in courfe.