be examined der, and the preparing of all kinds of ammunition Arms, &c. to for garrison and field service, and shall, at least once in every six months, examine into the state least once in and condition of all arms, ordnance, carriages, am by him, at every six months. execute or. munition and apparatus in the respective fortresses, magazines and arsenals, and cause the same to be His duty to preserved and kept in good order. He shall also ders of execu- execute all orders issued by the Executive, and tive; to make shall transmit to them, at least once in every three them at least months, a correct return of all ordnance, arms, amence in every munition, military stores in the respective fortress returns to three To inspect arms at the armory. Regulations es, magazines and arsenals, with a statement of their order, quality and condition; and, also, what may be necessary to keep up an ample supply of each and every article wanted for the public service. He shall also inspect, from time to time, the arms manufactured at the Armory, and report to the Executive any defect he may discover in them. 10. The duties aforesaid shall be performed agreeof such duties: ably to the laws of the United States, and of this State, and such regulations as may be prescribed by the Executive of this State. how to be pre scribed. Public property in Rich his control. 11. All the public property in the city of Richmond under mond, shall be and the same is hereby placed under the immediate control of the Adjutant General, who is hereby charged with the preservation of the same in proper repair, and in proper order His powers & and cleanliness: and, to effect any of these purpotion thereto. ses, the city-guard shall be placed under his command; subject, however, to the control of the Ex duties in rela Adjutant gen public edifices once in each report their condition, ecutive. 12. The Adjutant General shall also be inspector eral to inspect of the public edifices and property in the city of and property, Richmond; and, in that capacity, it shall be his duty month, and to inspect the condition of the same, once in each month, or oftener, if required by the Executive, and to report the condition thereof to the Executive; to notice and report, especially, all defects of neatness and good order in the use of the same, and all neglect of duty on the part of any of the officers or agents employed therein. side and keep Proviso. 13. He shall reside and keep his office at the seat Where to re. of the Government of this Commonwealth: Pro- his office. vided, however, That, if at any time the public service shall render it expedient, the Governor, with the advice of Council, may direct the said Adjutant General to remove with his office to any other place within this State. may bestow 14. The Governor of this Commonwealth, with Executive the advice of Council, shall be, and he is hereby brevet rank, authorised, at any time, to bestow brevet rank upon any person in actual service, for distinguished military merit. of artillery pointed and 15. The Governor, with the advice of Council, Field officers shall be, and he is hereby authorised and required, and cavalry, to appoint and commission, to each Division, one how to be ap Colonel, one Lieutenant Colonel, and one Major, commiioned. to command the several companies of Artillery and Cavalry, (as the case may be) annexed to each Division; and to arrange such companies of Artillery Companies of artillery how into Regiments and Battalions, in such manner as arranged into to them may seem most convenient, to be denomi- regiments and nated the Regiment and Battalion battalions. prohibited zing or estab not authorised of the Regiment of Artillery, or Cavalry (as the case may be ;) but it shall not be lawful for Executive the Executive to organize or establish any Regi- from organiment, Battalion, or Company, or to commission any shing regi officer to command any Regiment, Battalion or ments, &c. Company, unless such Regiment, Battalion or Com- by law. pany shall have been previously established by the laws of this Commonwealth, or unless the Executive shall have been, or shall be expressly authorised to establish or organize the same; and every person, to whom any commission shall have been issued heretofore, contrary to the provisions of this section, shall not be exempt from militia duty, nor be entitled to any rank by virtue of such commission. tia when and 16. Hereafter the annual returns of the Militia Annual reof this Commonwealth, shall be as follows: On the turns of mili first day of the training of the officers within every how to be Regiment, the commanding officer of each company Duty of comattached thereto, whether of cavalry, artillery, gre-cers of com made. manding offi panies; nadiers, riflemen, light infantry, or infantry of the line, shall deliver to the commanding officer of the Regiment, a fair and correct return of the strength Of command. and condition of his company. The commanding ing officers of officer of the Regiment shall cause the returns to be regiments, inspectors. consolidated, and on the last day of the training, shall deliver to the Brigade Inspector a fair and correct return of the strength and condition of his Regiment, including every species of troops aforesaid. He shall invariably note therein, the failure of every commanding officer of a troop or company to make the return hereby required of him. He shall also enter and preserve a copy of his regimental return in a book which he shall keep for that purpose. When the training of the officers of the several Regiments in a Brigade shall have been of Brigade finished, the Brigade Inspector shall consolidate the returns, which he shall have received from each Regiment, and, within thirty days, shall transmit to the Adjutant General a fair and correct return of the strength and condition of the Brigade, distinguishing particularly the strength and condition of each Regiment therein, and noting the failure of every commanding officer of a Regiment, to make the return hereby required of him. He shall also enter and preserve a copy of such return, in a book, to be kept by him for that purpose. If, from any cause, the Brigade Inspector shall be prevented from attending the training of the officers in any Regiment, it shall be his duty, without delay, to cause application to be made to the commanding Forms of re- officer for his regimental return. The forms of the several returns hereby directed, shall be prescribAdjutant gen. ed by the Adjutant General; subject, however, to eral to furnish the revision and control of the Executive; and, gade inspec- when so prescribed, shall be furnished by the Adjutant General, to each Brigade Inspector in the Commonwealth. The Brigade Inspector shall furnish to the commanding officers of the Regiments in his Brigade, the forms of regimental company returns: and the commanding officer of the Regiment shall cause to be furnished the form of the turns how: 1 rescribed. them to bri tors, &c. Penalties on officers failing to per duties. company return, to the commanding officer of each troop and company attached to the Regiment. The several company, regimental, and brigade returns shall be according to the forms so prescribed and furnished. Any officer failing to perform the duties hereby required of him, in relation to the aforesaid returns, or in relation to other returns required form these by the Adjutant General, pursuant to law, shall forfeit and pay a fine as follows: the commanding officer of a troop or company, not less than five, nor more than twenty dollars; the commanding officer of a Regiment, not less than fifteen, nor more than seventy dollars; and the Brigade Inspector, not less than twenty-five, nor more than an hundred dollars. The officers aforesaid shall, moreover, be liable to be arrested for such offence, and cashiered or punished with other inferior punishment, by the sentence of a court martial. commend offcers to be 17. Where it has not already been done, the Courts to recourts of the several counties and corporations, shall proceed to recommend to the Executive, the commissioned officers necessary to complete the regiments, battalions and companies pursuant to this act; and the persons so recommended, shall be commissioned by the Governor, agreeably to the Constitution of this State. And all vacancies, thereafter happen- Vacancies ing in the said offices of the militia, shall be supplied by appointment of the Governor, with the advice of the Council, or recommendation from the court of the respective county or corporation where such vacancy happens; any thing in any act to the contrary notwithstanding. how to be sup. plied. how officers 18. Any officer of the Militia, not under arrest When and at the time, may, whenever he shall think proper, may resign. resign his commission, by tendering the same, accompanied by a letter of resignation, to the Governor, or to the commandant of the regiment to which he may belong: Provided, however, That no Proviso, as to officer in actual service shall avail himself of this officers in ae privilege without the permission, in writing, of the officer commanding the troops with which he shall be serving. And the officer receiving such resig-Duty of offi tual service. cer receiving notify the resignation to nation, shall, in cases where the vacancy is filled on county court. recommendation of the county courts, notify the same to the next succeeding court, in order that Where such vacancy may be supplied. And any officer sidence shall who shall remove from his county, and the bounds of be considered his Regiment, or shall have ceased to perform the resignation. duties of his office for eight months, and any Major change of re Clerks to remendations, and qualify officers with cord recom General, Brigadier General, or other officer, who shall remain out of the limits of the State for more than eight months after he shall have been elected or appointed, shall be considered as having resigned his office; and the vacancy thereby occasioned shall be filled as in other cases; unless such officer shall be employed abroad, in the service of this State, or of the United States. And it shall be considered the duty of the clerks of the several counties within this Commonwealth, to enter of record the recommendations of officers proper to fill vacancies in the Militia, and qualify them, without any fee for the same. There shall be, in future, no supernumerary officers among the Militia: and the commissions of all those who hold no command merary-off shall be deemed null and void, and the persons holding them, unless otherwise exempt, shall return to the ranks. out fee. Commissions of supernu cers, void. Oaths of mili tia officers, by istered. 19. Each and every officer, who may be hereafter whom admin-appointed and commissioned in manner aforesaid, shall, previous to his entering on the execution of his office, take the following oaths, (to be administered by a justice of the peace, or the court of the county or corporation in which such officer resides,) Form thereof. to wit;-1, do swear that I will be faithful and true to the Commonwealth of Virginia, of which I profess myself to be a citizen, and that I will faithfully and justly execute the office of in the Militia thereof, according to the best of my skill and judgment. So help me God. I do solemnly swear or affirm, (as the case may be,) that I have not been engaged in a duel, by sending or accepting a challenge to fight a duel, or by fighting a duel, or in any other manner, in violation of the act, entitled, An act to suppress |