ing from militia fines, and the treasurer shall pay the amount thereof. structed in their 56. And be it further enacted, That the commanding officer of Drummers and each regiment shall cause to be enlisted so many drummers and filers to be infifers as he shall deem necessary for his regiment, who are to meet duty. on the days appointed for the training of the commissioned officers, there to be instructed in their respective branches of music, for which purpose the commanding officer of the regiment may employ such persons as he may think proper and capable to instruct them, and shall direct in what manner they shall be instructed. The re- Their pay, also gimental courts of enquiry shall determine the allowance to be made to the persons employed to instruct them, as also to the drummers and fifers while convened for the purpose of receiving such instruction, which allowances shall be paid on the order of the commanding officer of the regiment, out of the fines collected under this act. their instructors. armed in part. tributed. 57. And for the purpose of arming the militia of this common- Militia to be wealth, Be it further enacted, That the executive be, and they are hereby authorized and directed, where the same has not already been done, to distribute without delay, amongst the several regiments of militia, according to their strength as ascertained by the last returns of each, two thirds of all the arms and accoutrements belonging to the state, as well those on hand as those that may hereafter be procured under appropriations already made by law: Provided, That before the delivery thereof, they shall cause each musket and cartridge box to be stamped with the name of the county and number of the regiment, to which they may be allotted. 58. And be it further enacted, That it shall be the duty of each How to be disand every officer commanding a regiment to receive such arms and accoutrements when they shall be offered, and grant a receipt therefor to the governor, for the time being, describing their condition at the time of such receipt, and shall morcover deliver the same to the officers commanding battalions in such regiments, in like proportion. And it shall be the duty of officers commanding battalions respectively, to receive all such arms and accoutrements, and grant a receipt therefor, to the officer commanding the regiment, stating their condition at the time of such delivery, and shall moreover deliver the same to the several officers commanding companies in the respective battalions, in due proportion, according to the number of men belonging to such companies. It shall be the duty of each officer commanding a company to receive the same and grant a receipt therefor, to the officer commanding the battalion, describing in like manner the condition of such arms, and shall moreover deliver the same into the hands of his non-commissioned officers and privates, in such manner as may be directed by the commanding officer of the regiment and it shall be the duty of all non-commissioned officers and privates to receive such arms when they shall be offered, and grant a receipt for the same, making themselves liable for the safe keeping thereof, and for their delivery when legally called on for that purpose. It shall be the duty of all persons in the militia Persons receiving who receive into their possession public arms, according to the di- such arms to keep them in good orrection of this act, to keep the same in neat and good order, the der. musket barrel and bayonet free from rust and bright, the lock clean, well oiled, and with a good flint, and to appear with such arms at every muster where by law they are obliged to appear, and at all Persons removing or exempted from arms. other times when they may be called on duty, and at all musters the officers in their respective stations, shall be diligent and careful in training and instructing their men and inspecting their arms, in noting delinquencies, and making report thereof as herein after di rected. 59. If any person in the militia possessed of public arms as aforeduty to return the said shall be about to remove out of the limits of the company to which he belongs, or during such possession arrive at the age of forty-five years, or in any other manner have a right to be discharged from militia duty, every such person before such removal, or before he shall be entitled to any such discharge, shall deliver to the officer commanding the company to which he belongs, in good order, and unimpaired, such public arms as may have been delivered to him; and if any person so possessed shall die, it shall be the duty of the officer commanding the company to which he belonged, immediately to take possession of such arms, inspect and take care of them, in the manner hereinafter directed, to be delivered to some other person in his company in manner before directed. Commanding officer to inspect the arms of his com pany. posing of or removing without returning their 60. It shall be the duty of the commanding officers of companies from time to time to inspect the public arms in the possession of the non-commissioned officers and privates of their companies, and where it shall appear to him that any such arms are not in the condition required by this act, it shall be the duty of such officer to reHow persons die. port the same as other delinquencies; and if it shall at any time come to his knowledge that any one of his company has embezzled or disposed of his arms, or has removed out of the limits of his comarnie, may be pu- pany, without delivering them up as herein before directed, in all such cases it shall be his duty immediately to proceed by and under the authority of a warrant according to law, issuing from any justice of the peace of the county or counties, where such arms or any part thereof are supposed to be, to regain the possession of such arms wherever the same may be found; and it shall moreover be the duty of such captain to proceed as is hereinafter directed, to bring to punishment according to this act, every person offending in the disposing, buying or concealing such arms. nished. Any soldier sell Bon buying public arms shall be fined. 61. And be it further enacted, That any non-commissioned offiing, and any per cer or soldier, who shall attempt to transfer a right to the said arms in his custody, or to any part thereof, by sale or otherwise, to any person or persons, accompanied with actual delivery, as well every person so offending, as every person purchasing or concealing the said arms, knowing the said arms to be the property of the public, shall forfeit and pay for each offence the sum of fifteen dollars, to be recovered in the name of the commonwealth, by motion in any court of record within this state: Provided, Such person, his agent or attorney shall have ten days previous notice of such motion, and the right of the commonwealth to such arms, shall not by such or any other mode of transfer, be impaired or taken away. Provided they have ten days no. tice. Artillery, grena to be armed entirely. 62. And whereas the several companies of artillery, grenadiers, diers and infantry light infantry, riflemen and troops of cavalry are allotted into classes by entire companies and troops: Be it therefore enacted, That the governor cause them to be armed by entire troops and companies agreeable to their respective numbers, beginning at number one in each regiment, as soon as the arms necessary for that purpose can be obtained, and they shall be subject to the same rules and regu lations for the safe keeping the said arms, as are prescribed by this act to the rest of the militia. 63. Provided, That nothing in this act contained shall be con- Proviso. strued as a repeal of the act, intituled, "An act concerning patroles," or of the act, intituled, “An act for the distribution of arms in certain cases." act to be distribu 64. And be it further enacted, That the executive shall cause to 3000 copies of this be printed three thousand copies of this act to be distributed by ted. them to the officers of the several regiments of militia in this com monwealth. 65. This act shall commence and be in force from and after the Commencement. first day of April next. CHAP. 2.-An ACT to appropriate the public revenue, and for other purposes. (Passed February 3, 1804.) 1. Be it enacted by the general assembly, That the taxes and ar- General fund. rearages of taxes due prior to the year one thousand seven hundred and ninety-eight, and all other branches of public revenue which arise to the commonwealth, prior to the first day of January, one thousand eight hundred and five, and the surplus of all appropriations heretofore inade, shall constitute a general fund, and be appropriated in the following manner: For the payment of the ex- Appropriation. penses of the general assembly, at their next session, forty-three thousand dollars; for the officers of civil government, sixty-seven thousand dollars; for officers of militia, four thousand eight hundred dollars; for expenses of examinations and trials of criminals, in the county, corporation and district courts, thirty thousand dol lars; for guards employed over the district and county jails, eight thousand dollars; for slaves executed, five thousand dollars; for slaves transported, four thousand dollars; for the lunatic hospital in the city of Williamsburg, seven thousand dollars, including the expense of erecting an addition thereto, as directed by law; for compensation to the commissioners of the revenue, fourteen thousand dollars; for pensioners, seven thousand five hundred dollars; for expense of representation to congress, one hundred dollars; for expense of removing criminals to the penitentiary, and their confinement therein, eight thousand five hundred dollars; for the public guard in the city of Richmond, sixteen thousand five hundred dolJars; for public warehouses, including the excess of expenditures beyond the appropriations of last year, two thousand dollars; for the James river canal warehouse, including the excess of expenditures of last year (beyond the appropriation), five thousand dollars; for public services of clerks of the district courts, one thousand eight hundred and fifty dollars; for interest on public debt, including paper money, funded military certificates, loans, and money paid into the treasury for the payment of British debts, fifteen thousand dollars; for materials, artificers' pay, and other expenses, in carrying on the manufactory of arms, fifty thousand dollars; for compleating the manufactory of arms, including the excess of expenditure, beyond the appropriation of last year, (except the foundry for cannon,) sixteen thousand dollars; for collecting and preserving public ordnance, one thousand dollars; for defraying the expense of opening the road from the upper navigation of James to Kanawha river, in addition to the sum heretofore expended, two thousand dollars; for furnishing the officers with copies of the laws, Foundry of cannon suspended. Executive not to priation for carrying on the manu factory of arins. Proviso. four thousand five hundred dollars; for satisfying a decree rendered by the court of appeals, against the commonwealth, in favour of the representatives of Caron de Beaumarchais, thirty-six thousand six hundred and fifty-five dollars; for defraying the expense of election of president and vice-president of the United States, one thousand dollars; for discharging a claim of James Monroe, against the commonwealth, for money paid by him, on account of the statue of general Washington, including interest, five hundred and thirty dollars; for compleating the penitentiary, including the work already done, and not paid, three thousand dollars; for expense of senatorial elections, the sum of one hundred dollars; and for the contingent expenses of government, twelve thousand dollars; for the Upper Appomattox company, seven hundred and fifty dollars; for deficiency of last year's appropriations, ten thousand dollars; for materials furnished the penitentiary during last year, for manufactory, for which warrants have been granted, and not yet paid, two thousand dollars; for services rendered and money expended by John Moncure, sheriff of Stafford county, in conveying Michael Swann, a convict, to the penitentiary, for which the auditor is hereby directed to issue a warrant to the said Moncure, twenty-six dollars and fifteen cents. 2. And be it further enacted, That the compleating of the foundry of cannon shall be suspended during the present year. 3. And be it further enacted, That the executive in carrying on exceed the appro- the manufactory of arms, shall not exceed in the expenditure the sum herein appropriated for that purpose: Provided however, That if the sum expended in compleating the manufactory of arms shall be less than sixteen thousand dollars, it shall be lawful for the executive to annex the surplus to the fund for paying the artificers, purchasing materials, and other expences in carrying on the manufactory of arms. Where a fund is 4. And the executive, in any case where the fund herein approexhausted, surplus priated is deficient, may supply the deficiency from the surplus of other funds. of others may be used Commencement. Taxes imposed. 5. This act shall commence and be in force from and after the passing thereof. CHAP. 3.-An ACT to impose taxes for the support of government. (Passed February 2, 1804.) 1. Be it enacted by the general assembly, That the public taxes for the year one thousand eight hundred and three, shall be as follows, to wit: On lands, for every hundred dollars value, agreeably to the equalizing law, forty-eight cents; for every slave above the age of twelve years, except such as have been or shall be exempted by reason of age or infirmity by the respective county or corporation courts, forty-four cents; for every stud horse and jack ass, twice the price at which such horse or ass covers a mare for the season; for all other horses, mules, mares and colts, twelve cents each; for every ordinary license, twelve dollars and fifty cents; for every four wheeled riding carriage, except phætons and stage waggons, one dollar and twenty-five cents per wheel; for all phætons and stage waggons, eighty-four cents per wheel, and for every other riding carriage with two wheels, forty-three cents per wheel; for all lots and houses in town, one dollar and fifty-six cents on every hundred dollars of the rent thereof, to be ascertained by the rent paid by the tenant; and where such house or lot is in the occupation of the proprietor, the yearly rent or value thereof shall be ascertained by the commissioners of the revenue, or either of them, by a comparison of its value with other houses or lots actually rented: Provided, That the owner or proprietor of any such house or lot, if he thinks himself grieved by such valuation, may appeal to the court by whom the commissioners were appointed, whose judgment as to the yearly rent or value shall be final; the said commissioners or either of them, to ascertain the rent paid on houses or lots actually leased, may call on the tenant or proprietor to declare on oath or solemn affirmation what is the amount of the rent paid for the same; and every person so called on, and refusing to declare, shall forfeit and pay the sum of three hundred dollars, to be recovered by motion, on ten days previous notice, to be made by the commissioners of the revenue or either of them: Provided, That no taxes shall be collected on lands, lots, houses or other property belonging to this commonwealth, or to any county, town, college, houses for divine worship, or seminary of learning; every covering horse or jack ass, which shall not be duly entered as such with the commissioners of the tax, and all such horses and asses brought into this commonwealth subsequent to the ninth of March next, shall be liable to a treble tax, to be paid by the owner of the place at which he shall stand, upon whom it shall be distrainable by the sheriff, as if it had been entered in the commissioner's book, for two thirds whereof the sheriff shall be accountable to the public; and in case of failure to pay the same, shall forfeit two hundred dollars, to be recovered with costs, on motion, after ten days notice, by the auditor, for the use of the commonwealth: Provided, That any person so bringing such horse or ass into the state, entering him with the commissioner within ten days thereafter, and paying the tax to which he would have been liable had he been duly entered, to the sheriff or collector, shall be absolved from the said penalty, and the said commissioners shall subjoin the said horse or ass to the list of taxables. 2. And be it further enacted, That when any person shall remove any stud horse or jack ass out of the limits of the county or commissioner's district wherein he resides, after the ninth day of March in any year, it shall be the duty of such person removing such horse or ass as aforesaid, to produce to the sheriff of the county into which such horse or ass is so removed, a certificate from the commissioner of the county or district from which such horse or ass is removed, that such horse or ass has been duly entered with such commissioner, and the sum for which such horse or ass is entered for the season; every person failing as aforesaid, shall forfeit and pay treble the amount of the sum at which such horse or ass shall cover for the season, to be collected and accounted for by the sheriff on oath for the use of the commonwealth. chants. 3. And be it further enacted, That upon any person's producing Taxes on merto the commissioners of the revenue for the county, district or corporation, or to the clerk of the court if there be no commissioner, a receipt for the sum of forty dollars, paid to the sheriff or collector, such commissioner shall grant to such person a license to sell merchandize of foreign growth or manufacture, by wholesale and retail, for and during the term of twelve months; or if the said receipt shall be for fifteen dollars, such person shall in like manner receive |