Acts of the General Assembly of the State of Virginia,
Passed at Session of 1863-4, in the Eighty-Eighth Year of the Commonwealth:
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Virginia.
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(title page) Acts of the General Assembly of the State of Virginia, Passed at Session of 1863-4, in the Eighty-Eighth Year of the Commonwealth.
107 p.
Richmond:
William F. Ritchie, Public Printer.
1864.
Call number 2275conf (Rare Book Collection, University of North Carolina at Chapel Hill)
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Library of Congress Subject Headings, 21st edition, 1998
Languages Used:
- English
- Latin
LC Subject Headings:
- Law -- Virginia.
- Legislation -- Virginia.
- Session laws -- Virginia.
- Virginia -- History -- Civil War, 1861-1865.
- Virginia -- Politics and government -- 1861-1865.
Revision History:
- 2001-04-26,
Celine Noel and Wanda Gunther
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2001-03-12,
Joshua G. McKim
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2000-12-20,
Joby Topper
finished TEI/SGML encoding
- 2000-11-27,
Apex Data Services, Inc.
finished transcription and TEI/SGML encoding.
ACTS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF VIRGINIA,
PASSED AT SESSION OF 1863-4,
IN THE
EIGHTY-EIGHTH YEAR OF THE COMMONWEALTH.
RICHMOND:
WILLIAM F. RITCHIE, PUBLIC PRINTER.
1864.
Page 3
PUBLIC OR GENERAL ACTS.
CHAP. 1.--An ACT to suspend the act passed March 28th, 1863, entitled an act imposing Taxes for the Support of Government, and to continue the Rights and Remedies of the Commonwealth, and prescribing further Regulations for Licenses.
Passed March 3, 1864.
Preamble
Whereas it appears, from the report and estimates of the auditor of public accounts, that the available balance which will be in the treasury on the fifteenth of March eighteen hundred and sixty-four, with additional receipts accruing during the current fiscal year, will amount to the sum of nine million three hundred and twenty-five thousand four hundred and forty-five dollars, which sum will, in the opinion of this general assembly, be ample for the support of the state government, as well as for compliance with any demands which may probably be made upon the treasury during the current year: Therefore,
Act of 1863 suspended
1. Be it enacted by the general assembly, that the act passed March twenty-eighth, eighteen hundred and sixty-three, entitled an act imposing taxes for the support of government, be and the same is hereby suspended until the thirty-first day of January eighteen hundred and sixty-five.
Rights, remedies and penalties reserved
2. All the rights, remedies and penalties imposed by said act, which may have accrued under the same, are reserved to the commonwealth.
License required
3. In every case, under the operation of the act aforesaid, or any other law now in force, in which a license was required, a license shall be obtained, and a fee of one dollar shall be paid to the commissioner issuing such license.
No assessment to be made
4. There shall be no assessment of property or licenses, during the suspension of the act aforesaid, by the commissioners of the revenue, but licenses shall be issued and obtained without assessment.
Commencement
5. This act shall be in force from its passage.
CHAP. 2.--An ACT appropriating the Public Revenue for the Fiscal Years 1863-4 and 1864-5.
Passed March 8, 1864.
General fund
1. Be it enacted by the general assembly, that the public taxes and arrearages of taxes due prior to the first day of October eighteen hundred and sixty-three, and not otherwise appropriated, and all other revenue and public money not otherwise appropriated by law, which shall come into the treasury prior to the first day of October eighteen hundred and sixty-five, and the surplus of all appropriations made prior to the said first day of October eighteen hundred and sixty-five, shall constitute a general fund, and be appropriated for the fiscal years to close respectively on the thirtieth day of September eighteen hundred and sixty-four and the thirtieth day of September eighteen hundred and sixty-five, and to be paid out upon the warrant of the auditor of public accounts, to wit:
First--The appropriations for the year ending the thirtieth day of September eighteen hundred and sixty-four shall be as follows, to wit:
Page 4
Civil Department.
General assembly.
To pay the per diem allowance and mileage, and other expenses of the members and officers of the general assembly for the extra session continued in October, and the regular session which commenced on the first Monday in December eighteen hundred and sixty-three; to pay the pages of the senate and house of delegates, the porter of the senate, and servants for making fires and superintending furnaces in the capitol, upon the certificates heretofore issued in such cases, seven hundred thousand dollars.
Judiciary
To pay the salaries and mileage of judges, and the salaries of all other officers of the civil government, two hundred and fifty thousand dollars.
Expense of courts
To pay allowances to commonwealth's attorneys, clerks, sheriffs, tipstaffs and messengers of courts, including fuel, stationery and office rent for the supreme, district and circuit courts, seventy-five thousand dollars.
Clerks in auditor's office
To pay temporary clerks in the office of the auditor of public accounts, for services accruing prior to the twenty-second day of January eighteen hundred and sixty-four, one thousand four hundred and eighty-nine dollars and eighty-five cents.
Messenger
To pay for the services of a messenger in the office of the auditor of public accounts, eight hundred dollars.
Civil contingent fund
To pay expenses chargeable to the civil contingent fund, one hundred thousand dollars.
Civil prosecutions
To pay expenses of civil prosecutions, eight thousand dollars.
Vaccine agents
To pay salary of vaccine agent at Lewisburg, and allowance to vaccine agent at Richmond (five hundred dollars each), one thousand dollars.
Commissioners of revenue
To pay the commissions of the commissioners of the revenue allowed by law, eighty thousand dollars.
Printing
To pay expenses of printing for the general assembly and public officers, and for paper and books for public offices, sixty thousand dollars.
Births, deaths and marriages
To pay commissioners of the revenue and clerks of courts, for their services in ascertaining and recording the marriages, births and deaths, and other duties required by law in relation thereto, two thousand dollars.
Public warehouses
To pay allowances to commissioners of public warehouses, one hundred and fifty dollars.
Governor's house
To pay for repairs to and furnishing of the governor's house, to be paid upon the certificate of the superintendent of public buildings, five thousand five hundred dollars.
Capitol
To pay for repairs to the capitol, two thousand dollars.
Records of court of appeals
To pay for printing records of the court of appeals and district courts, four thousand dollars.
Secretary of sinking fund
To pay the usual allowance to the secretary of the sinking fund, three hundred dollars.
Comparing polls
To pay expenses of comparing polls in sundry elections, fifteen hundred dollars.
David Patteson
To pay David Patteson, for making fires and other attentions to the public offices, for arrearages of pay from October first, eighteen hundred and sixty-three, to January first, eighteen hundred and sixty-four, one hundred dollars.
Military Department.
Adjutant general's office
To pay the salaries of the adjutant general and his clerk, seven thousand one hundred and twenty-five dollars.
Public guard
To pay officers and privates of the public guard, their allowances for pay, rations and clothing, including temporary quarters, one hundred and ninety-five thousand dollars.
Ordnance department
To pay the salaries of the ordnance officers allowed by law, and the laborers employed therein, including the pay of the ordnance
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sergeant at the Virginia military institute, and charges for rent and fuel, and for purchase and transportation of supplies, and for the transportation of arms collected and distributed, one hundred thousand dollars.
Militia
To pay brigade inspectors, adjutants, clerks of regimental courts, musicians, and other lawful charges of the militia establishment, five thousand dollars.
To pay expenses chargeable to the military contingent fund, fifty thousand dollars.
Naval officers
To pay the salaries and allowances of naval officers on the retired list, seven thousand five hundred dollars.
Military expenses
To pay military expenses heretofore incurred, to be allowed and certified by the auditing board, sixty thousand dollars.
To pay military expenses hereafter to be incurred, to be paid by the auditor of public accounts, upon such pay rolls and certificates as are prescribed by Army Regulations of the Confederate States, fifty thousand dollars.
Governor's aid
To pay the governor's aid a salary, in lieu of all other compensation, three thousand five hundred dollars.
Pensions
To pay pensions allowed by law for military services, four hundred and thirty-two dollars.
Annuities and similar Claims.
Central lunatic asylum
To the Central lunatic asylum, to pay salaries of officers, nurses, transportation of patients, and all other incidental expenses for support of patients confined therein, one hundred and fifty-two thousand dollars; and in addition thereto, whatever sum may have been paid into the treasury, arising from the pay patient fund.
Eastern lunatic asylum
To the Eastern lunatic asylum, to pay salaries of officers, nurses, transportation of patients, and all other incidental expenses for support of patients confined therein, sixty thousand dollars.
Lunatics in jail
To pay expenses of lunatics confined in jail, or supported out of jail, by contract, in pursuance of law, and with which the state is chargeable, thirty thousand dollars.
Virginia military institute
To pay the annuity of the Virginia military institute, thirteen thousand five hundred dollars; and in accordance with the provisions of the act passed the twenty-second day of January eighteen hundred and sixty-four, entitled an act providing an additional appropriation to the Virginia military institute, the sum of twenty thousand dollars.
Deaf, dumb and blind
To pay the annuity allowed by law to the institution for the deaf, dumb and blind, fifty thousand dollars.
Criminal Charges.
Criminal charges
To pay for the arrest and support of prisoners, pay of jurors, witnesses, and other charges allowed by law, five hundred and fifty thousand dollars.
Penitentiary
To pay the salaries of the superintendent, surgeon and other officers of the penitentiary, and allowances to the interior guard thereof; to purchase supplies, clothing, subsistence and support of convicts; to pay sheriffs and other officers for the transportation of the convicts to the penitentiary, and all other incidental expenses attending the management of said institution, allowed by law, one hundred thousand dollars; and to pay, in addition thereto, all sums necessary to carry on the said penitentiary, which may have been paid into the treasury by the superintendent.
Slaves condemned, &c
To pay for slaves condemned and executed, or sentenced to or reprieved for sale and transportation, eighty thousand dollars.
Transportation
To pay expenses of bringing condemned slaves to the penitentiary, two thousand dollars.
Second--The appropriations for the year ending the thirtieth day of September eighteen hundred and sixty-five, shall be as follows, to wit:
Page 6
Civil Department.
General assembly
To pay the per diem allowance and mileage, and other expenses of the members and officers of the general assembly, for an extra session to be held during the fiscal year commencing October eighteen hundred and sixty-four; to pay the pages of the senate and house of delegates, the porter of the senate, and servants for making fires and superintending furnaces in the capitol, upon the certificates heretofore usual in such cases, five hundred and sixty-five thousand dollars.
Judiciary
To pay the salaries and mileage of judges, and the salaries of all other officers of the civil government, two hundred and fifty thousand dollars.
Expenses of courts
To pay the allowances to commonwealth's attorneys, clerks of courts, sheriffs, tipstaffs and messengers of courts, including fuel, stationery and office rent for the supreme, district and circuit courts, seventy-five thousand dollars.
Messenger
To pay for the services of a messenger in the office of the auditor of public accounts, eight hundred dollars.
Vaccine agents
To pay salary of vaccine agent at Lewisburg, and allowance to vaccine agent at Richmond (five hundred dollars each), one thousand dollars.
Postage
To pay postage on commissioners' books, and on circulars to and from commissioners of the revenue, fifteen thousand dollars.
Printing
To pay expenses of printing for the general assembly and public officers, and for paper and books for public offices, sixty thousand dollars.
Births, deaths and marriages
To pay commissioners of the revenue and clerks of courts, for their services in ascertaining and recording the marriages, births and deaths, and other duties required by law in relation thereto, two thousand dollars.
Public warehouses
To pay allowances to commissioners of public warehouses, one hundred and fifty dollars.
Governor's house
To pay for repairs to the governor's house, to be paid upon the certificate of the superintendent of public buildings, five hundred dollars.
Capitol
To pay for repairs to the capitol, two thousand dollars.
Printing records
To pay for printing records of the court of appeals and district courts, four thousand dollars.
Comparing polls
To pay expenses of comparing polls at sundry elections, five hundred dollars.
Secretary of sinking fund
To pay the usual allowance to the secretary of the sinking fund, three hundred dollars.
Military Department.
Adjutant general's office
To pay the salaries of the adjutant general and his clerk, seven thousand one hundred and twenty-five dollars.
Public guard
To pay officers and privates of the public guard, their allowances for pay, clothing, rations, including temporary quarters, one hundred and ninety-five thousand dollars.
Ordnance department
To pay the salaries of the ordnance officers, allowed by law, and the laborers employed therein, including the pay of the ordnance sergeant at the Virginia military institute, and charges for rent and fuel, and for purchase and transportation of supplies, and for transportation of arms collected and distributed, one hundred thousand dollars.
Militia
To pay brigade inspectors, adjutants, clerks of regimental courts, musicians, and other lawful charges of the militia establishment, five thousand dollars.
Military contingent fund
To pay expenses chargeable to the military contingent fund, fifty thousand dollars.
Naval retired list
To pay salaries and allowances of naval officers on the retired list, seven thousand five hundred dollars.
Military expenses
To pay military expenses, to be allowed and certified by the auditing board, one thousand dollars.
Page 7
Pensions
To pay pensions allowed by law for military services, four hundred and thirty-two dollars.
Annuities and similar Claims.
Central lunatic asylum
To the Central lunatic asylum, to pay salaries of officers, nurses, transportation of patients, and all other incidental expenses for support of patients confined therein, one hundred and fifty-two thousand dollars; and in addition thereto, whatever sum may have been paid into the treasury arising from the pay patient fund.
Lunatics in jail
To pay expenses of lunatics confined in jail, or supported out of jail, by contract, in pursuance of law, and with which the state is chargeable, thirty thousand dollars.
Virginia military institute
To pay annuity to the Virginia military institute, thirteen thousand five hundred dollars.
Deaf, dumb and blind
To pay the annuity allowed by law to the institution for the deaf, dumb and blind, fifty thousand dollars.
Criminal Charges.
Criminal charges
To pay for the arrest and support of prisoners, pay of jurors, witnesses and other charges allowed by law, five hundred and fifty thousand dollars.
Penitentiary
To pay the salaries of the superintendent, surgeon and other officers of the penitentiary, and allowances to the interior guard thereof; to purchase supplies, clothing, subsistence and support of convicts; to pay sheriffs and other officers for the transportation of convicts to the penitentiary, and all other incidental expenses attending the management of said institution, allowed by law, one hundred thousand dollars; and to pay in addition thereto, all sums necessary to carry on said penitentiary, which may have been paid into the treasury by the superintendent.
Slaves condemned, &c
To pay for slaves condemned and executed, or sentenced to or reprieved for sale and transportation, eighty thousand dollars.
Transportation
To pay expenses of bringing condemned slaves to penitentiary, two thousand dollars.
General fund, how constituted
Duty of auditor
Limitations
Payments, how made
2. Be it further enacted, that so much of the public revenue as may be received into the public treasury after the thirtieth day of September eighteen hundred and sixty-four, and the surplus of all other appropriations made prior to that date, unexpended within the fiscal year ending on the last day of September eighteen hundred and sixty-four, and all other moneys not otherwise appropriated by law, shall constitute a general fund to defray such expenses authorized by law as are not herein particularly provided for, and to defray the usual allowances to lunatic asylums, and other current expenses of the commonwealth, in the fiscal year which shall commence on the first day of October eighteen hundred and sixty-four and terminate on the thirtieth day of September eighteen hundred and sixty-five; and the auditor of public accounts is hereby authorized and required to issue his warrants in the same manner as if the same had been specifically mentioned, subject to such exceptions, limitations and conditions as the general assembly have prescribed, or may deem it proper to annex and prescribe by law: provided, that nothing in this act contained shall be so construed as to authorize the auditor of public accounts to issue his warrant or warrants in satisfaction of any judgment or decree of any court of law or equity against the commonwealth for a sum exceeding three hundred dollars, without a special appropriation by law. The payments of the military institute, for support, to the lunatic asylums, for support and transportation of patients, and to the institution for the education of the deaf, dumb and blind, shall be made one-fourth in advance, on the first day of October, one-half on the first day of January (if the visitors or directors so require), and the remaining one-fourth on the first day of April.
Commencement
3. This act shall be in force from its passage.
Page 8
CHAP. 3.--An ACT authorizing the Receipt of the Treasury Notes of the Confederate States in payment of Taxes and other Public Dues, and regulating when and how the same shall be received.
Passed March 2, 1864.
What confederate treasury notes receivable in payment of taxes
Notes issued prior to 1st April
Discount thereon
When paid into treasury
1. Be it enacted by the general assembly, that the non-interest bearing treasury notes of the Confederate States, issued after the first day of April eighteen hundred and sixty-four, shall be received in payment of taxes and other public dues, and the non-interest bearing notes of the Confederate States, issued prior to the first day of April eighteen hundred and sixty-four, except the notes of the denomination of one hundred dollars, shall in like manner be received in payment of taxes and other public dues, after the first day of April eighteen hundred and sixty-four, and until the tenth of December eighteen hundred and sixty-four, but only at the rate of sixty-six and two-thirds cents for one dollar of such notes. No sheriff or other collecting officer shall have credit for the notes issued prior to the first day of April eighteen hundred and sixty-four, collected by him, unless he shall pay the same into the treasury on or before the twenty-fifth day of December eighteen hundred and sixty-four. Notes of a less denomination than five dollars, issued by said Confederate States, shall be received without abatement at any time.
Notes issued prior to 1st April, how received
When to be paid in
Oath of officer
2. It shall be lawful for sheriffs and other collecting officers of taxes and other public dues to receive, without abatement, until the first day of April eighteen hundred and sixty-four, the non-interest bearing treasury notes of the Confederate States, issued prior to the first day of April eighteen hundred and sixty-four, in payment of taxes and other public dues due prior to the first day of April eighteen hundred and sixty-four. But no sheriff or other collecting officer shall receive credit, unless he shall pay the same into the treasury on or before the twenty-fifth day of June eighteen hundred and sixty-four, nor until he shall make oath that the notes offered in payment by him were severally and actually received by him in payment of taxes and other public dues, at the times and rates specified in this act.
Notes of the denomination of five dollars
When to be paid in
3. The non-interest bearing treasury notes of the Confederate States of the denomination of five dollars, issued prior to the first day of April eighteen hundred and sixty-four, may be received without abatement in payment of taxes and other public dues until the tenth day of June eighteen hundred and sixty-four: provided the same shall be paid into the treasury on or before the twenty-fifth day of June eighteen hundred and sixty-four.
Act of Sept. 14th repealed
4. The act passed September fourteenth, eighteen hundred and sixty-three, entitled an act amending and re-enacting the one hundred and ninth section of an act entitled an act imposing taxes for the support of government, passed March twenty-eighth, eighteen hundred and sixty-three, is hereby repealed.
Act to be published
5. It shall be the duty of the keeper of the rolls to cause this act to be published immediately after its passage, in at least five newspapers published in Richmond, for a period of four weeks.
Commencement
6. This act shall be in force from its passage.
CHAP. 4.--An ACT to authorize the Funding of certain Currency belonging to the State, in Confederate Bonds, and to authorize the Sale of such Bonds if necessary, and to authorize the Conversion of other Notes into other Issues.
Passed March 3, 1864.
Commission appointed
Notes, how funded
1. Be it enacted by the general assembly, that the governor, treasurer and auditor of public accounts be and they are hereby authorized, in their discretion, a majority of them concurring therein, to fund, at any time before the first day of January eighteen hundred
Page 9
and sixty-five, any or all of the treasury notes of the Confederate States now owned by the state, in the six per centum bonds of the Confederate States; and in like manner to fund in said bonds any of such notes that may be received, without the abatement of the thirty-three and one-third cents, as provided by the act of the congress of the Confederate States to reduce the currency, and for other purposes.
Bonds, how sold
2. The governor, treasurer and auditor of public accounts, a majority of them concurring therein, may sell, for treasury notes of the confederate government, issued after the first of April eighteen hundred and sixty-four, from time to time, so many of said bonds as may be necessary to meet appropriations authorized by law and expenses of government, and pay the proceeds of sale into the treasury. Any sale of such bonds shall be made at public auction, after due notice. But no sale shall be made for less than the current market value, and no commissions shall be paid for the sale of such bonds.
When notes to be converted
3. Any of said notes that may be lawfully received with the abatement of the thirty-three and one-third per centum, shall be converted by the treasurer and auditor of public accounts into the issues of treasury notes of the Confederate States, issued after the first of April eighteen hundred and sixty-four, as authorized by act of Congress.
Report of proceedings
4. It shall be the duty of the governor, treasurer and auditor of public accounts to report their proceedings under this act to the general assembly.
Commencement
5. This act shall be in force from its passage.
CHAP. 5.--An ACT to authorize the Transfer of certain Bonds of the State, held in trust by the Government of the United States for the Cherokee Tribe of Indians, and providing for the Payment of Interest thereon.
Passed February 9, 1864.
Preamble
Whereas it is represented to the general assembly, by the commissioner of Indian affairs of the Confederate States of America, that the secretary of the interior of the United States government holds, in trust for the Cherokee tribe of Indians, the sum of ninety thousand dollars of the registered bonds of this state, upon which sixteen thousand two hundred dollars interest is now due: And it is further represented, that in the war now pending between the governments of the United States and of the Confederate States, the said tribe of Indians have united themselves with the confederate government; and that government having assumed the "protectorate of the several nations and tribes of Indians occupying the territory west of Arkansas and Missouri, south of Kansas, north of Texas and east of Texas and New Mexico," embracing the country inhabited by the said tribe of Cherokees; and the said commissioner of Indian affairs having applied to this general assembly for the payment of the said interest now due, and to become due hereafter: Therefore,
Bonds, how transferred
Certificates canceled
New certificates, how issued
Date
Interest, how paid
Principal and interest
1. Be it enacted by the general assembly of Virginia, that the second auditor be and he is hereby required to transfer on the books of his office the said sum of ninety thousand dollars, standing in the name of the secretary of the interior of the United States, to the secretary of the treasury of the Confederate States, to be held by said secretary in trust for said tribe of Cherokee Indians, as provided by the treaty entered into by the authorities of said confederate government and of said tribe of Cherokee Indians; and thereupon the certificates of the registered bonds of this commonwealth, held by the said secretary of the interior of the United States, shall be deemed to be canceled and be void, and all payment of any interest due thereon, or to become due hereafter, shall be illegal. And it shall be the duty of the said auditor to issue like certificates of the registered debt of this state for the full amount so held by the said
Page 10
secretary of the interior of the United States, to the said secretary of the treasury of the Confederate States, to be held by him in trust for said Cherokee tribe of Indians, the said certificates of debt, bearing date on the first day of January eighteen hundred and sixty-one. And the commissioners of the sinking fund of the state shall direct the said auditor to pay to said secretary of the treasury the semiannual installments of interest due thereon the first day of July eighteen hundred and sixty-one; the first day of January eighteen hundred and sixty-two; the first day of July eighteen hundred and sixty-two; the first day of January eighteen hundred and sixty-three; the first day of July eighteen hundred and sixty-three, and the first day of January eighteen hundred and sixty-four, and that may hereafter accrue; to be disbursed according to the trust reposed in him; and thereafter to pay the principal and interest which may become due on said certificates of debt, as is now or may be hereafter prescribed for the payment of interest on the state debt.
Commencement
2. This act shall be in force as soon as the proper authorities of the Confederate States shall file with the second auditor an obligation, approved by the commissioners of the sinking fund, to indemnify the commonwealth against any loss or liability incurred by reason of this act.
CHAP. 6.--An ACT to authorize the Impressment of certain Salt Wells, Furnaces and other Property.
Passed March 8, 1864.
Impressment authorized
Time for which property is to be held
Slaves, &c
Dwelling houses &c
Land
1. Be it enacted by the general assembly, that the superintendent of salt works, under the control of the board of supervisors, do proceed forthwith to impress and take possession of the three double furnaces at Saltville, known as the "Charles Scott furnaces," with the fixtures, equipments and implements used in connection with said furnaces, and all appurtenances to the same belonging; and also such sources of supply of fresh water as may be necessary and convenient in the manufacture of salt on said furnaces, together with all fixtures, conduits, rights of way and appurtenances incidental or pertaining thereto, and hold the same for the public use until the eighth day of June eighteen hundred and sixty-five; and also for the like use, to impress, take possession of and hold, until the said eighth day of June eighteen hundred and sixty-five, the salt well known as the "Preston well," and all fixtures, engines, equipments, implements and conduits used in procuring a supply of salt water from said well, and conducting the same to the said furnaces; and also such slaves, wagons, harness, horses and mules, sacks, provisions and supplies, forage, wood and other personal property provided, used in operating said furnaces and well, as shall be necessary or needful for successfully operating the same; and also for the like use, to impress, take possession of and hold, until the eighth day of June eighteen hundred and sixty-five, the dwelling house recently occupied by Williams and Leonard; the dwelling house at the river works now occupied by John N. Clarkson; such negro houses, store houses, wood yards, stables and appurtenances, and good and convenient access to and from the premises, as may be necessary and convenient for the proper working of said furnaces, and the conduct of the business of manufacturing and distributing salt among the people; also such meadow and other land in the vicinity of said furnaces as may afford proper facilities for the grazing of the mules, horses and stock used in conducting said business, and for the rearing of vegetables for the slaves and employees of the state: the said houses, offices, stables, lands and ways to be specified by the board of supervisors.
Furnaces now leased to be impressed
All appurtenances
Salt wells
2. That the superintendent, under the like control of the board of supervisors, do impress, prior to the eighth day of June eighteen
Page 11
hundred and sixty-four, and continue the possession of, from and after that date, and hold for the public use, until the eighth day of June eighteen hundred and sixty-five, all the furnaces now leased and held by the state, except that operated by Thomas R. Friend, together with the fixtures, equipments and implements used in connection with said furnaces, together with all blocking water furnaces, and other appurtenances to the same belonging; and also such sources of supply of fresh water as may be necessary and convenient in the manufacture of salt on said furnaces, together with all fixtures, conduits, rights of way and appurtenances incidental or pertaining thereto; also so much of the salt water necessary to be supplied by other salt wells than the Preston well aforesaid, as may be sufficient to keep the said furnaces in continued operation to their full boiling capacity; said supply to be furnished in the cisterns of the said furnaces respectively, by the proprietors of said salt wells, prior. to any other furnaces operated by any party whatsoever: and in case of failure of the supply of brine to said furnaces (which is to be determined by the board of supervisors), the superintendent, under the direction and control of the board of supervisors, shall take possession of the salt wells from which said furnaces derive their salt water, their fixtures, engines and equipments, conduits and appurtenances, and operate the same to the best advantage; and shall, after supplying the said furnaces with salt water sufficient to keep them in continued operation to their full boiling capacity, permit the remainder of the salt water to flow to such furnaces as the proprietors may direct.
Compensation, how ascertained
Assessors appointed
Award
Report of assessors
Possession
Appeal
Injunction not to be awarded
Pay of assessors
3. That for the purpose of ascertaining a just compensation for the property and privileges impressed in pursuance of the foregoing sections of this act, the board of supervisors shall appoint one assessor, and the owner or owners another assessor; and in case they fail so to do, or for any cause the assessor appointed by them fail to attend and enter upon the duties imposed upon him, the board of supervisors shall appoint such other assessor; and the two so appointed shall select a third assessor: and if any of said assessors should die or fail from any cause to render an award, another board of assessors, consisting of persons to be appointed in like manner, shall be convened; and said assessors, after being duly sworn faithfully to discharge the duties required of them under this act, shall, by concurrence or agreement of a majority of them, ascertain what will be a just compensation for the property, rights and privileges impressed in pursuance of the foregoing provisions of this act, and make report thereof in writing to the governor, to be filed by him in the office of the secretary of the commonwealth; and a copy thereof shall be forwarded by the secretary of the commonwealth to the owner or owners and the said board of supervisors; and thereupon the superintendent shall take possession of the property so assessed; and unless such owner or owners or the board of supervisors shall, within thirty days after such copy shall be delivered to them, refuse by written objections to accept the same, such assessment shall be deemed final. If the board of supervisors of salt, on behalf of the state, or any such owner or owners, within the said thirty days after such a copy shall have been delivered to them, refuse, by written objections filed with the secretary of the commonwealth, and in the office of the circuit court of the city of Richmond, an appeal shall lie from such assessment to said circuit court; and the proceeding thereon in said court shall be according to the provisions of chapter fifty-six of the Code of Virginia, so far as the same are applicable thereto, except that the commonwealth shall not be required to pay the compensation to the parties entitled thereto, nor into court, before the decision of the appeal. No order shall be made, nor any injunction awarded by any court or judge, to stay any proceedings authorized by this act. The said assessors shall be paid each the sum of ten dollars per day and actual expenses in traveling; to be paid out of the public treasury, by warrants to be issued upon the orders of the board of supervisors.
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Powers conferred by act of 30th March 1863
Proviso
4. That in addition to the powers conferred on said superintendent by virtue of the act passed March thirtieth, eighteen hundred and sixty-three, entitled an act to provide for the production and distribution of salt, he is hereby empowered to impress, under the control of the board of supervisors, standing wood, in case he be unable to agree with the owner thereof upon the prices to be paid therefor; and the mode of ascertaining the value thereof, and of payment therefor, shall be the same as that provided in said act of thirtieth of March eighteen hundred and sixty-three: provided, however, that in making such impressments there shall be left on each farm at least one-fifth of the whole number of acres in the tract, in standing timber of average quality and value.
Duty of governor to enforce impressments
5. That it shall be the duty of the governor of this commonwealth to enforce any impressment authorized to be made by the provisions of this act, and of the said act of thirtieth of March eighteen hundred and sixty-three, with the power of the county, and to place the said superintendent, or his duly authorized agent, in possession of the property so impressed; and it shall be lawful for said superintendent to make the impressments authorized by this act, through his agent duly constituted for that purpose.
Powers of act of 1863 conferred
Transportation
6. That all the duties imposed and powers conferred upon the said superintendent and upon the board of supervisors over the property, rights and franchises of every kind specified in the act passed March the thirtieth, eighteen hundred and sixty-three, entitled an act to provide for the production and distribution of salt, be, and are hereby imposed and conferred upon said superintendent and board of supervisors over the property, rights and franchises of every kind that may be acquired for the use of the state by virtue of the provisions of this act, or any future act; and said superintendent, under the control of the board of supervisors, shall have like control of transportation on the several rail roads in the commonwealth, for the conveyance of supplies and distribution of salt, as is specified in the said act of thirtieth of March eighteen hundred and sixty-three.
Transportation from other roads
7. The board of supervisors shall have plenary power, at their discretion, to procure transportation from other roads, by hiring engines or cars, and placing them on the Virginia and Tennessee rail road, and using the same for transportation of salt, or of wood for the manufacture of salt.
Salt to army of the Confederate States
8. The board of supervisors are hereby authorized to supply salt to the army of the Confederate States on such terms as may be agreed upon between the secretary of war and said board.
Appropriation
9. The sum of two millions of dollars is hereby appropriated to carry into effect the provisions of this act; to be paid out of any money in the treasury not otherwise appropriated; and such additional sums are hereby appropriated as may be paid into the treasury from time to time from the proceeds of the sale of salt, or so much thereof as may be necessary for the purposes of this act.
Commencement
10. This act shall be in force from its passage.
CHAP. 7.--An ACT to amend the fifth section of the act to provide for the Production and Distribution of Salt, passed March 30th, 1863.
Passed March 10, 1864.
Act of 1863 amended
1. Be it enacted by the general assembly, that the fifth section of an act passed March thirtieth, eighteen hundred and sixty-three, entitled an act to provide for the production and distribution of salt, be amended and re-enacted so as to read as follows:
Powers of superintendent
No officer or clerk to purchase or sell salt In what funds to be paid
Penalty
"§ 5. The superintendent shall have power to appoint, and remove at his discretion, the following assistants, to wit: two deputy managers, at a salary of thirty-five hundred dollars each; two clerks, at a salary of three thousand dollars each; one shipping clerk, at a
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salary of twenty-five hundred dollars; one clerk to issue supplies, at a salary of twenty-five hundred dollars. No officer or clerk created by this act shall be engaged directly or indirectly in the purchase or sale of salt for any purpose whatever other than for the state; and the said officers and clerks shall be paid in such funds as are receivable in payment of public dues. Any violation of this provision shall lead to the immediate dismissal of the officer or clerk so violating it."
Act of 1863 amended
2. Be it further enacted, that the eleventh section of the act passed March thirtieth, eighteen hundred and sixty-three, entitled an act to provide for the production and distribution of salt, as amended by the act passed September eighteen, eighteen hundred and sixty-three, entitled an act amending and re-enacting the sixth and eleventh sections, &c., and as further amended by the act passed October thirtieth, eighteen hundred and sixty-three, entitled an act to amend and re-enact the eleventh section, &c., be amended and re-enacted so as to read as follows:
Salt, how sold and distributed
Duty of supervisors
Bond
By whom taken
Proviso
Proviso
"The salt so manufactured shall be sold at cost, for cash, and be distributed to the different counties, cities and towns, through duly accredited agents, to be appointed by the county and corporation courts respectively, or where said courts cannot meet because of the presence or proximity of the public enemy, by the board of supervisors, on the recommendation of any three or more justices of said county, or of the senator and delegate or delegates representing such county in the general assembly; and in order to do so, it shall be the duty of the board of supervisors from time to time to ascertain as near as may be the actual cost of production and distribution, and fix the price accordingly, so as to cover such entire cost. But no agent of any county or corporation, hereafter appointed, shall be entitled to act as such until he shall have given bond, with sufficient sureties, in the penalty of not less than ten thousand nor more than thirty thousand dollars, conditioned for the faithful distribution of the salt received by him, among the people of his county or corporation. Said bonds shall be taken by the said courts when the appointments are made by them; and in all other cases, by the board of supervisors; and such agents shall distribute to refugees, and to persons temporarily sojourning in their counties, cities and towns, as well as to permanent citizens thereof: provided, however, that the said courts and the said board shall respectively have power to revoke any appointment of agent heretofore or hereafter made by them, whenever they deem it proper to do so; and shall in like manner appoint another agent in place of the one so removed: provided, that it shall not be lawful for any county or corporation court, or its agent, in any way to dispose of any salt, received for distribution, otherwise than by distributing the same among the citizens of such county or corporation, according to the provisions of this act, except in cases when, in the opinion of the said court or agent, it shall be necessary to dispose otherwise of the salt to prevent its falling into the hands of the public enemy, or where it may be impossible to distribute the salt among the people of the county."
Commencement
3. This act shall be in force from its passage.
CHAP. 8.--An ACT imposing Fines on Agents for failing to deliver Salt to persons entitled thereto.
Passed February 25, 1864.
Fine for failure to deliver salt
1. Be it enacted by the general assembly, that if any agent having in his hands salt for distribution, by virtue of the several acts passed for the production and distribution of salt in this commonwealth, shall fail or refuse, when applied to, within the period fixed for delivery by said agent, to deliver to any person entitled thereto, the quantity such person has the right to demand, upon tendering in
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currency the price thereof, shall be fined twenty dollars, to the use of the party injured; to be recovered by indictment, presentment or information, or upon ten days' notice before any court of record having jurisdiction thereof, or by warrant before a justice of the peace; and upon conviction thereof, shall be removed from office, and another appointed in his place, in the manner prescribed by law.
Proviso
2. Provided, however, that the agent shall not be liable to the penalties of this act, if the failure to deliver the salt is caused by no neglect or fault on his part; and the currency hereby authorized to be tendered shall be the same received in payment of public dues to the state, and shall be received upon the terms such currency may at the time be received for public dues.
Commencement
3. This act shall be in force from the passage thereof.
CHAP. 9.--An ACT amending and re-enacting chapter 213 of the Code of Virginia, reorganizing the Penitentiary.
Passed January 14, 1864.
Be it enacted by the general assembly, that chapter two hundred and thirteen of the Code of Virginia be amended and re-enacted so as to read as follows:
Property attached to penitentiary
In whose custody
When prisoners to be employed out of the penitentiary
1. The lot of twelve acres and fourteen square rods of land, on which the penitentiary is situated, and the lot numbered seven hundred and twenty-nine, being one-fourth of a square in the city of Richmond, between the southwest end of First street and the eastern boundary of the land aforesaid, and the square of land between Cary and Main and Jefferson and Madison streets, containing the penitentiary springs, with the pipes and fixtures for conveying water to that institution, shall be and remain the property of the commonwealth, for the use of the said penitentiary, and shall be under the control of the superintendent of the penitentiary. The superintendent shall have the custody of the property of the penitentiary, real, personal and mixed, and he shall, in the name of the commonwealth, have authority to institute and prosecute any suit, prosecution or proceeding for the recovery of any such property, or its value, or for any injury thereto, which may be proper to protect the rights of the state. He shall have authority to employ the prisoners in improving and cultivating any part of the lands aforesaid, or in repairing the water pipes and fixtures, or the roads from the penitentiary to proper points of intersection with the streets, or in taking out or bringing into the enclosure any necessary thing to or from the said city or James river canal.
Penitentiary continued
Confederate States prisoners may be confined therein
Proviso
Committee of legislature to examine its condition and report annually
2. The public jail and penitentiary house shall continue under the name of "the penitentiary," to be appropriated to the confinement of convicts sentenced, according to law, to confinement therein by the courts of this commonwealth. Persons sentenced to imprisonment by a court of the Confederate States held in Virginia, for a term of three years or more, may also be confined therein, with the approbation of the superintendent and the governor, and be safely kept and employed, pursuant to the rules of the prison, so far as it is not inconsistent with such sentence, until discharged by due course of the laws of the Confederate States: provided, that before any other such prisoners shall be received in said penitentiary, the Confederate States shall pay the sums now due, or which shall be due for the confinement and support of their prisoners, and in future, pay half-yearly, at the rate of one dollar and twenty-five cents per day, for the imprisonment and support of every such prisoner now in prison, or hereafter so imprisoned, with proper medical charges. Annually its condition shall be examined and reported on by a committee of the general assembly.
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Governor to prescribe rules
Printed copies to be posted in prison
Record of conviction and register to be kept
3. The governor may from time to time prescribe rules, not contrary to law, for the preservation of the property at, and the health of the convicts in the penitentiary, and the government of the interior thereof. Printed copies of such of the said rules as may relate to the government and punishment of the convicts, and of any provisions of law which the governor may direct, shall be posted up in at least six conspicuous places of the interior. The clerk of the penitentiary shall file and preserve the record of the trial and conviction of each convict, and keep a register describing him, the time of his confinement, for what offence, and when received into the institution.
Real and personal estate of convicts other than married women to be committed to a committee appointed by the court
Bond to be given
Penalty
4. When a person, other than a married woman, is sentenced to confinement in the penitentiary for more than a year, the estate of such convict, if he have any, both real and personal, shall, on the motion of a party interested, be committed, by the court of the county or corporation in which his estate, or some part thereof, may be, to a person selected by the court, who, after giving bond before the said court, in such penalty as it may prescribe, shall have charge of the said estate until such convict is discharged from confinement.
Committee may sue and be sued
5. Such committee may sue and be sued in respect to the debts due to or by such convict, and any other of the convict's estate, and shall have the privilege of an administrator as to the right of retaining for his own debt. He shall allow (subject to the claims of creditors) a sufficient maintenance out of the convict's estate for his wife and family, if any; the wife to be entitled, so long as he is confined, to the profits of such portion of his estate as she would have, had he died intestate.
Committee to render accounts of his trust
His compensation
To deliver estate to convict on his discharge
6. The committee shall render accounts of his trust, and may be made to account therefor, and shall be entitled to compensation for his services, and may forfeit his right thereto, in the same manner as if he were an administrator or guardian. Every such committee shall deliver such estate as he may be liable for at that time, to the convict on his discharge, or to his real and personal representatives, on his death before being discharged.
If committee appointed refuse the trust or fail to give bond, court to commit estate to sheriff or sergeant
7. If the person so appointed refuse the trust, or fail to give bond as aforesaid, the court, on like motion, shall commit the estate to the sheriff of the county, or sergeant of the corporation, who shall be the committee, and he and the sureties in his official bond shall be bound for the faithful performance of the trust.
When and how estate of convict to be sold
8. The real estate of such convict may be sold, when necessary for the payment of his debts, in the same manner as the real estate of an insane person in the hands of a committee.
Personal treatment of new convicts
9. Every convict, when first brought to the penitentiary, shall be washed, cleaned and kept in a separate lodging until the surgeon certifies that he is fit to be put among the other prisoners; and the clothes he wore shall be either destroyed, or purified and preserved until he is discharged, and then returned to him, or they may be disposed of as the prisoner may desire, with the consent of the superintendent.
How money of convict to be disposed of
Convict required to subscribe rules
How employed
10. All money found on the person of a convict, and all money which may be lawfully and properly received after his committal, shall be charged to the penitentiary, and be paid to him out of the fund of the penitentiary when he shall be discharged, or for good cause, in the opinion of the superintendent, may be used for his or her benefit. Before any male prisoner shall be permitted to labor in the shops, or elsewhere out of his room, he shall make and subscribe such promise of obedience and fidelity to the rules and orders of the institution as shall be prescribed by the governor. And it shall be the duty of the superintendent, as far as practicable, to provide suitable employment in separate rooms for the refractory and obstinate, and for those of disordered minds, or who for any cause are unfit to be congregated in the shops.
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How kept and clothed
11. The male and female convicts shall be kept separate from each other, and the males shall have their heads and beards close shaven or sheared once a fortnight, or oftener if need be. Every convict shall be clothed at public expense, in a distinctive uniform for each sex, made of coarse materials.
Labor of convicts
Social intercourse
12. The convicts shall be kept to the hardest labor suitable to their sex and fitness, and such of them as need it, instructed in some mechanic art. Social intercourse, conversation and acquaintance between the convicts, shall be prevented as far as may be, and silence constantly observed by them as far as possible.
Their diet
Accounts for diet, how certified
Washing and whitewashing
13. The convicts shall be fed on bread of Indian corn, or other coarse bread, and have one meal a day of coarse meat. The superintendent may change or regulate the diet for good cause. The account for purchases of diet for the prisoners shall be certified by the superintendent to the auditor of public accounts for payment. The superintendent may, when he may deem it necessary, or the physician shall so advise, change the diet, and adapt it to the health or condition of the prisoners, or any of them, or he may allow extra diet to those who need it. He shall cause the hospital and all the cells and rooms of the prison to be whitewashed (by prisoners qualified for the business) twice a year or oftener, and the floors to be washed as often only as may be necessary for health and comfort.
Governor to prescribe hours and time of labor
Time and conditions of visiting prison
14. The governor shall prescribe, by rules and regulations, the hours within which the prisoners shall be employed at the respective branches of business carried on in the institution, and the time they shall labor on each day, and also the times and conditions upon which persons may visit the interior of the penitentiary.
When allowed to walk or work in the yard
Where to be employed on public buildings and grounds
15. The superintendent may allow the prisoners, at stated times, to walk, for the benefit of their health, in the grounds of the penitentiary, and to work therein, but in either case, in the presence or in the view of the superintendent or proper guard. He shall, at the discretion and under the direction of the governor, employ them at Richmond, or within a mile thereof, in improving, repairing or working on public buildings, grounds and property.
To be locked in cells on Sunday and at night
16. Each convict shall be locked up during the night and every Sunday (except to attend religious service), and when the number of apartments will permit, each separately, unless in the hospital.
Punishment for misbehavior
17. A convict guilty of profanity, indecent behavior, idleness, neglect or willful mismanagement of work, insubordination, an assault not amounting to felony, or a violation of any of the rules prescribed by the governor, may, under the order of the superintendent, subject to the said rules, be punished by lower and coarser diet, the iron mask or gag, solitary confinement in a cell, or the dungeon, or by stripes. Under such orders, and subject to the said rules, the superintendent may, where a convict is charged with an offence for which he is to be tried under chapter two hundred and fourteen or two hundred and fifteen, confine him in a cell or dungeon until such trial.
What allowed prisoners on discharge
18. The superintendent, in his discretion, may allow a convict, on his discharge, not exceeding thirty dollars, and if he needs it, a suit of coarse clothing.
Duties of surgeon
19. The surgeon to the penitentiary shall visit the penitentiary once at least every day, and oftener when there are cases of sickness requiring it, or when he is called on to attend by the superintendent. Before leaving the city of Richmond at any time, he shall notify the superintendent of his intention, and the time he expects to be absent, and what physician may be called on to officiate for him in his absence.
20. The surgeon shall render to the convicts all surgical and medical aid which may be requisite or may be required by the superintendent.
Hospital
Book kept therein
21. The room now kept for that purpose shall be continued to be used as a hospital. A sick convict shall be kept in it when the surgeon
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so prescribes. There shall be a book in which shall be entered the name of each convict put in the hospital, and the time that he goes in and comes out.
Report of condition of sick, &c
22. The superintendent, with one of his assistants, shall once a week visit the hospital, and the two shall make a report of the treatment and condition of the sick, and the clerk shall record the same. The annual report of the superintendent shall show the condition of the health of the convicts. It shall state the number in the hospital every month from each ward, the disease of each person put in the hospital, and the number of deaths in each ward.
Who allowed to visit the penitentiary
23. The governor, members of the general assembly, ministers of the gospel for performing religious services, and the officers and others having duties or business therein, may go into the interior of the penitentiary. Any other person, under rules and regulations to be prescribed by the governor, may also visit the same. There shall be no conversation between a visitor and a convict, unless special license therefor be given by the governor or superintendent.
Superintendent authorized to repair and enlarge shops, and increase number of cells, when required
Superintendent and clerk to fix the prices of goods manufactured
24. The superintendent may apply the means of the institution to repair and enlarge the shops, and increase the number of cells when required. He shall cause to be done in the penitentiary any work which can be done therein towards effecting the improvement or repairs mentioned in the fifteenth section. He shall direct the manufacturing operations, and have the goods manufactured and work done at the penitentiary (excepting as otherwise provided), and have an invoice made out weekly of the goods manufactured, with the prices thereon; one copy of which shall be filed with the clerk of the penitentiary, and one other copy delivered weekly to the secretary of the commonwealth. The superintendent and the clerk appointed by the governor, shall from time to time fix the prices of goods manufactured at the penitentiary; and the schedule of prices so fixed shall be recorded in a book to be kept for that purpose.
Power of board investigating any matter ordered by the governor
Clerk to issue summons for witnesses
Compensation of witnesses, how paid
Interior guard and officers to take oaths prescribed for public officers
25. When an investigation is ordered by the governor as to a matter concerning the penitentiary, or the conduct of persons connected therewith, it shall be his duty to constitute a commission of three intelligent gentlemen to make the investigation; and the clerk of the penitentiary, by order of said commission, may issue a summons, directed to the sheriff of any county, commanding him to summon any person to attend at the penitentiary on a certain day, to give evidence before the said commissioners, and may administer an oath to such person. The commissioners shall have like powers, under the twenty-third and twenty-fourth sections of chapter one hundred and seventy-six, as if it was a court whose clerk had issued the summons; and the clerk of the penitentiary shall make such entry as would be made under the thirty-fifth section of the same chapter, if the attendance were before a court, and made by the clerk thereof. The sum to which the witness is entitled shall be paid out of the funds of the institution. Testimony taken before the said commissioners shall not be read on the trial, by a court martial, of an officer or soldier of the public guard, but shall be delivered to the governor to take such action thereon as he may deem proper. The interior guard and all the officers of the penitentiary shall take the oaths prescribed by law for public officers.
Duties of soldiers of public guard to obey orders of the superintendent
Allowed to carry weapons to suppress rebellion and for self-defence
Trade and traffic with the convicts prohibited
26. The soldiers of the public guard, while stationed at the penitentiary, shall attend to the outer gates as heretofore, and obey the orders of the superintendent in relation to the security of the prisoners and the protection of the property of the penitentiary; and it shall be lawful for any officer of the penitentiary, interior guard or soldier to carry sufficient weapons to prevent escapes, suppress rebellion and for self-defence, and to use the same against any prisoner for such purpose. No officer of the penitentiary or officer or soldier of the public guard shall be allowed to trade or traffic with convicts, on pain of being dismissed if an officer, or punished if a soldier.
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And if any person bring into or carry out of the penitentiary any article or thing which may be prohibited by the rules and regulations thereof, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one thousand dollars, and shall be confined in jail for a term not exceeding twelve months.
Clerk of penitentiary His duties
27. The clerk of the penitentiary, who shall be appointed by the governor, shall keep the books thereof, enter all orders made at the penitentiary, and daily enter on one of the books of the penitentiary the cost of raw materials furnished to each ward, copies of the accounts of all sales for the penitentiary, reported to him by the superintendent, and a copy of entries in the receiving clerk's books of the sale of manufactured goods for the day, including all moneys received for the use of the penitentiary. It shall also be his duty to compare the books of the different ward masters with his own books and books of the receiving clerk, at least once a week, and enter on record the result of such comparison, and be subject to the orders of the superintendent.
Residence, &c. of superintendent allowed him
Power to appoint assistants
Delivering clerk and gate keeper
Acting superintendent to be designated
Proceeds of sales to be paid into treasury monthly
Proviso
Auditor to report failure
Governor may suspend superintendent
Advancement to superintendent
Superintendent may appoint an additional assistant
Duty of rail road companies
28. The superintendent may reside in the front building of the penitentiary, and be allowed his fuel and lights. He shall also be authorized to use a small piece or lot of the land for a garden to raise vegetables for his own family use. He shall be the chief executive officer of the penitentiary, and direct its internal police and management, subject to the orders of the governor. He shall, under rules and regulations to be prescribed by the governor, sell all surplus manufactured goods or other articles manufactured at the penitentiary, or the proceeds of the labor of convicts or transports elsewhere, and shall furnish accounts thereof to the clerk of the penitentiary for record. He may, with the approval of the governor, appoint seven assistants, whose duties he shall prescribe, to be designated and stand in authority as "first, second, third, fourth, fifth and sixth ward masters;" and the seventh assistant shall be known and denominated as "the receiving and delivering clerk and gate keeper," and shall keep a book, in which an entry shall be made of all moneys received by him as gate keeper; and he shall also keep an account of the value of all manufactured articles sold outside of the penitentiary by the superintendent or any of his officers, and shall receive the money for all manufactured articles sold at the penitentiary, and pay over to the superintendent the same at the end of each week, or oftener if required by him, taking his receipt therefor in a receipt book kept for that purpose. The superintendent may require bond and security from said delivering clerk, for the faithful performance of the duties of his office, and may also prescribe the mode and manner of keeping and making entries in his books. The superintendent shall at all times, when he is about to leave the penitentiary, designate which of his officers shall perform the duties of his office of superintendent during his absence. All money realized from the sale of manufactured goods or other articles, and from the labor of convicts and transports, shall be paid into the treasury monthly by the superintendent of the penitentiary: provided, that the superintendent shall be authorized to use the money received at the penitentiary during any one month, before he pays the money into the public treasury, for the necessary purchases of subsistence and raw materials, an account of which he shall render to the auditor of public accounts when he makes his deposits at the end of each month. Should the superintendent fail to make the payment into the treasury, directed by this section, for ten days after it becomes due, the auditor shall report the fact to the governor, who shall thereupon have authority to suspend the superintendent from the discharge of the duties of his office, and appoint temporarily a successor, who shall discharge the duties of the office, first executing such bond as the governor may deem proper. All expenditures for the purchases
Page 19
of raw materials and all other expenses of said institution shall be defrayed out of the treasury, upon the warrant of the auditor of public accounts. All accounts of purchases so made and of other expenses shall be approved by the said superintendent; and if it shall at any time become necessary to use money for purchases out of this state, the superintendent may, by the consent and authority of the governor, have a sum of money, not exceeding at any one time the sum of twenty thousand dollars, advanced to him out of the treasury for that purpose; but such advance of twenty thousand dollars shall not be made oftener than once in three months. The superintendent, for facilitating the procuring of supplies, may, if he deem it necessary and proper, appoint, with the approbation of the governor, an additional assistant, who shall be denominated a purchasing clerk, whose duty it shall be, under the direction of the superintendent, to purchase raw material and other supplies for the penitentiary, and do and perform such other duties as the superintendent may direct; and the superintendent may require, for his own safety, of said assistant, bond with security, in such penalty as he may deem proper, for the faithful performance of the duties assigned him by the superintendent: and it shall be the duty of the several rail road and other internal improvement companies to cause all materials so purchased to be promptly transported over their respective lines to the city of Richmond.
To have work done for lunatic asylums
29. When the board of directors of either of the lunatic asylums desire to purchase, for the use thereof, cloth, clothing or shoes of the manufacture of the penitentiary, if they make requisitions in reasonable time, the superintendent of the penitentiary shall pack up the articles, forward them to the asylum at its cost, and charge the articles to the state. The prices of manufactured goods and other articles shall be regulated under the direction of the superintendent, and be sold by him, his purchasing clerk, or such other officer as he may direct.
To furnish receipt to auditor
30. The superintendent shall, at the end of each fiscal year, furnish the auditor of public accounts with a receipt from an officer of the asylum for any articles so furnished within said year, and a statement of their prices, for which the penitentiary shall have credit, and the asylum be charged.
To render annually a general account
31. He shall, at the end of each fiscal year, state a general account between the state and the penitentiary for such year, charging the latter with the value of the tools, machinery, fixtures and materials on hand at the commencement of the year; the raw materials purchased during the year; the rations furnished for the convicts; the salaries of all the officers, and all the contingent expenses of the penitentiary, and crediting it with the work of the convicts done during the year; the work and repairs done by the convicts on the prison and other public property; clothing furnished the convicts, and the value of the tools, machinery, fixtures and materials on hand at the end of the year; amount of all sales of manufactured goods and other articles--with all other debts and credits necessary to show a true account with the institution and the state: which shall be made a part of his annual report.
Governor to appoint a commissioner
Duties, &c
32. It shall be the duty of the governor to appoint, at the end of each quarter, a commissioner, who, after being duly sworn, shall go to the penitentiary, and take an account of the manufacturing and financial operations of the penitentiary through the quarter just ended, and diligently enquire into the manner in which the superintendent, officers and guards have performed their duties, and make report to the governor: a copy of which report shall be recorded in the books of the penitentiary; and he shall be paid out of the civil contingent fund such sum as the governor may deem proper.
Force sent to penitentiary, how commanded, &c
33. The force sent to the penitentiary from the public guard shall consist of a non-commissioned officer's command, and be in charge of
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such officer, and a chain of sentinels shall surround the penitentiary night and day.
Convicts employed outside to be attended with sufficient guard
34. While the convicts are employed in any work on the public grounds or property outside of the penitentiary, they shall be attended with a sufficient guard detailed by the captain of the public guard.
Interior guard, how appointed, dismissed and paid
35. The superintendent may employ a guard, not exceeding twelve persons, for the interior of the penitentiary, who shall perform such duties as the superintendent may direct. Any person so employed may be dismissed from service at the pleasure of the superintendent: and the superintendent may assign one of the said guard to superintend and cut out the leather in the shoe shop, and provide for its safe-keeping through the day, who shall be allowed such additional compensation as may, in the opinion of the governor, be just and proper.
Rewards for prisoners escaping, how paid
36. If any convict escape from the penitentiary, or from the custody of the superintendent, he may offer a reward for the apprehension and redelivery of such convict, not exceeding five hundred dollars; one-half thereof to be paid by the institution, and the other by the superintendent, his assistants and the interior guard, in proportion to the amount of their salaries; but none of said officers shall be entitled to such reward.
Superintendent to execute new bond
Penalty
37. The superintendent shall, within thirty days from the passage of this act, execute a new bond in the penalty of one hundred thousand dollars.
Commencement
38. This act shall take effect from its passage, and all acts and parts of acts coming in conflict with this act are hereby repealed.
CHAP. 10.--An ACT vacating the Commissions of Militia Officers of the Line.
Passed February 11, 1864.
Commissions vacated
1. Be it enacted by the general assembly, that from and after the passage of this act, the commissions of all major generals and brigadier generals, and their respective staffs, all colonels, lieutenant colonels, majors, captains and lieutenants of the militia of the line, be and the same are hereby vacated.
Proviso
2. Provided, that this act shall not be construed to apply to officers of the second class militia, nor to the officers of the nineteenth regiment of the militia of the line.
Commencement
3. This act shall be in force from its passage.
CHAP. 11.--An ACT disbanding the 179th Regiment of the Militia of the Line, and for the more efficient organization of the 19th Regiment of the Militia of the Line, and the 1st Regiment of the Second Class Militia.
Passed February 11, 1864.
Examining board, how appointed
How composed
1. Be it enacted by the general assembly, that whenever any field, staff or company officer of the militia of the line, or of the second class militia, shall be deemed by the governor inefficient or incompetent, he may appoint an examining board, who shall thoroughly examine into the qualification and fitness of such officer, and if their report be unfavorable to the officer, the governor shall have authority to remove such officer, and the vacancy shall be filled in such mode as may be prescribed by law; but no new officer shall be commissioned until he has in like manner been examined by the board, and found qualified and fit. The board of examination for field officers shall be composed of the adjutant general of this state, and two commissioned military officers, to be associated with him by order of the governor; and for company officers, the board shall be composed of three officers of a grade not less than that of the officer to be examined.
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Penalty for neglect of duty
Fines
2. Whenever any private or non-commissioned officer neglects, fails or refuses to perform the duties required of him, and disobeys the proper orders of his superior officers, it shall be lawful for the commandant of the regiment, battalion or company to have him arrested and promptly tried by a court martial; and upon conviction, he shall be fined not less than one hundred dollars, or be punished, as provided for in the case of enlisted men, by the rules and articles of war of the Confederate States. The fines imposed under this section shall be collected by the sheriff or sergeant of the county or corporation, as in other cases of militia fines, within sixty days from the time of their imposition.
179th regiment disbanded
Persons, how attached
New regiment, when formed
3. The one hundred and seventy-ninth regiment of the militia of the line is hereby disbanded, and the commissions of the officers composing the same are vacated, and the governor shall attach the persons liable to duty within the bounds of said regiment to the nineteenth regiment of the militia of the line and the first regiment of the second class militia, according to the class to which they respectively belong; and he is authorized to take such measures as he may deem proper to secure the enrollment of all persons liable to duty within the bounds of the nineteenth and one hundred and seventy-ninth regiments; and the governor may, in his discretion, organize the persons thus enrolled by companies, or he may attach them to existing organizations. Should the number of men justify it; a new regiment may be organized by the governor within the bounds above referred to.
Commencement
4. This act shall be in force from its passage.
CHAP. 12.--An ACT amendatory of the act passed October 27th, 1863, entitled an act to authorize the Arrest of Deserters by the Civil Authorities.
Passed January 20, 1864.
Act of 1863 amended
1. Be it enacted by the general assembly, that the first, second and third sections of the act passed October the twenty-seventh, eighteen hundred and sixty-three, entitled an act to authorize the arrest of deserters by the civil authorities, be amended and re-enacted so as to read as follows:
Duty of magistrates and officers
Arrest of deserters
Deserter, how committed
"That all magistrates, sheriffs, sergeants and constables of the several counties and towns in this commonwealth be required to inform the nearest confederate officer of all deserters and other delinquents owing military service to the confederate government, who may be found in their respective counties, cities or towns, and to arrest and to aid in the arrest of all such delinquents, whether deserters, conscripts, or absentees without leave from the army or navy of the Confederate States; and they shall promptly notify the nearest confederate officer or adjutant general or the secretary of war of such arrest, and shall commit such deserter or other delinquent to some secure county or corporation jail until he can be delivered to the confederate authorities.
State forces, how called out
Powers of officers
2. The said officers may summon so many of the people of their county or corporation, or require the nearest commissioned officer of state forces to call out such portion of his command as may be sufficient for the purpose, to aid in arresting and safely guarding such delinquents until they can be secured in jail as aforesaid: and in making any arrest herein directed, the officers, whether civil or military, shall have the same powers and jurisdiction conferred in the twenty-fourth section, chapter forty-nine of the Code.
Failure to discharge duty
When deemed a misdemeanor
In case jail is insecure
3. If any officer shall willfully fail or refuse to perform any duty herein required of him, and any citizen who shall fail or refuse to obey the summons provided for in the second section, or shall refuse, when called on by any officer authorized to arrest deserters and other military delinquents, to assist in making any arrest, or in securing
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and safely keeping any prisoner after his arrest, such officer or citizen shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined by the jury not less than fifty nor more than five hundred dollars, and shall be imprisoned in the county or corporation jail not less than two nor more than six months: but if any such jail shall for any cause be insecure as a place of confinement, he shall be removed to the nearest county or corporation jail that may be deemed safe, upon the order of the court or presiding justice of the court in which he was convicted.
Duty of presiding justice
To convene court
Patrol, how called out
Powers of officer of patrol
4. Be it further enacted, that to facilitate the arrest and return of deserters and other delinquents from the army and navy of the Confederate States, it shall be the duty of the presiding justice of any county, city or town, whenever thereto requested by the governor of the state, the secretary of war of the Confederate States, or the commanding general of the district or department, and also when reliable information shall be brought to him that there are deserters or other delinquents as aforesaid lurking about or passing through his county, city or town, to convene immediately two other magistrates to act with him, and shall detail from the body of the county a sufficient patrol, under charge of an officer to be appointed by said court, who shall be required diligently to patrol and make search for deserters and other delinquents, and to arrest and dispose of the same as herein before prescribed: and the officer of said patrol shall have all the powers conferred in the first and second sections of this act. The court herein mentioned may meet at any convenient and safe point designated by the presiding justice.
Orders of court, how certified
5. The orders of said court shall be certified by the presiding justice to the clerk of the county or corporation court, when the same shall not be held at the courthouse thereof, and shall be issued and executed as other orders of the court.
Neglect of duty
6. Any willful neglect or refusal to perform the duties prescribed in the last two preceding sections shall be deemed a misdemeanor, and subject the offender to the pains and penalties mentioned in the third section of this act.
Act to be given in charge
7. This act shall be specially given in charge to all grand juries, and shall, immediately after its passage, be published by proclamation of the governor.
Commencement
8. This act shall be in force from its passage.
CHAP. 13.--An ACT authorizing the Governor to cause sufficient Covering to be erected for the protection of the Artillery belonging to the State
Passed January 22, 1864.
Sheds to be erected
1. Be it enacted by the general assembly, that the sum of twenty-two thousand five hundred dollars be and is hereby appropriated for the purpose of erecting sheds or other suitable covering at or near the city of Richmond, and at the Virginia military institute, to protect the guns, caissons, gun carriages and artillery harness belonging to the state of Virginia.
Amount appropriated
2. The money hereby appropriated shall be expended under the direction of the governor; and the auditor of public accounts shall pay such amount of the sum hereby appropriated as may be expended, upon the order of the governor.
Commencement
3. This act shall be in force from its passage.
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CHAP. 14.--An ACT to establish an Army Agency in the City of Richmond, for the relief of Soldiers, Seamen and Officers of Virginia in the Confederate Service, and to repeal the 1st, 2d and 3d sections of an act establishing such Agency, passed March 9th, 1863.
Passed March 4, 1864.
Army agent, how appointed
1. Be it enacted by the general assembly, that the governor shall appoint an army agent to superintend and conduct the agency hereby constituted for the relief and comfort of the soldiers, seamen and officers in the confederate service from the state of Virginia.
Duty of agent
Where agency located
Clothing, how supplied
2. It shall be the duty of such agent to receive and forward to the soldiers, seamen and officers aforesaid any contributions of clothing, shoes or other necessary and proper supplies which shall be furnished by their families or friends or by the state for that purpose; to receive and store all supplies, baggage and clothing of such soldiers, seamen and officers, and deliver the same when demanded by the owners or by the proper military authorities, and as far as practicable provide a place of lodging, and when necessary, food or rations for all indigent soldiers, seamen and officers of Virginia in transitu through the city of Richmond on furlough or sick leave. Such provisions for food and lodging may be limited and regulated in such manner as said agent shall find prudent and necessary, subject to the direction and control of the governor. The said agency shall be located in the city of Richmond; but said agent may appoint such sub-agents at such other points as he shall deem necessary for the proper discharge of the business of the agency. He shall receive and take care of all hospital stores that may be contributed or purchased for the sick or wounded soldiers and seamen of Virginia, and shall dispense the same on requisitions from their attending physicians or surgeons, or in such manner as the governor shall authorize. He may, under the direction and control of the governor, provide such supplies of clothing as may be obtained by contribution or by purchase, on such terms as he shall deem reasonable, and shall cause such clothing to be issued to the destitute soldiers and seamen of Virginia, under such regulations as the governor shall prescribe or approve.
Lodging of soldiers, how provided for
Transportation of goods
3. Said agent shall provide a suitable place for the lodging of soldiers, as provided in the foregoing section, and for the safe-keeping of all goods which he shall procure, or which shall come to his care, until the same can be distributed, delivered or transported to the places of their destination. He shall make such arrangements as may be practicable with the quartermaster's department of the Confederate States, for the safe and speedy transportation of all goods to be transported; and he may hire means of transportation, and may employ such other agents as he shall find necessary to aid and superintend in the care and preservation and the safe and speedy transmission of goods in his custody.
Notice of objects of agency
Agent may employ clerks
Subsistence and lodging
Detailed soldiers
Bond of agent
4. The said agent shall from time to time, as he shall deem necessary, give such notice, by advertisement in the public press and otherwise, of the objects of the agency and the place of his location, as will in his judgment render the agency in the largest degree useful for the purposes designed; and he may invite and receive contributions from the public for such purposes. He may employ clerks, not exceeding two in number, to aid him in his office or otherwise, who shall receive such salary as the said agent shall deem reasonable and contract for, and the governor approve, not to exceed fifteen hundred dollars per annum. The said agent shall be entitled to compensation for his services, at such rate as the governor shall approve, not to exceed the sum of three thousand dollars per annum. He may, under the control of the governor, provide subsistence and lodging for all persons in the service of the agency; and for such period as they are so provided, they shall not receive any other compensation from the state for such services, unless the same be authorized by the
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governor, and then not exceeding the rate of two dollars per day: provided, that nothing herein contained shall prevent the detailing of soldiers unfit for field duty to act as sub-agents or clerks, whenever the consent of the Confederate States government can be obtained therefor. Before the said agent shall proceed to discharge the duties of his agency, he shall enter into bond with approved security, before the clerk of the circuit court of the city of Richmond, in the penalty of twenty thousand dollars, with condition for the faithful performance of his duties as such agent: and any party who may be injured by the willful default or negligence of said agent, may recover judgment against him, by motion, upon ten days' notice, before the circuit court of the city of Richmond.
Appropriation
5. In order to carry out the purposes of this act, the sum of one hundred thousand dollars is hereby appropriated.
1st, 2d and 3d sections of act of 1863 repealed
6. The first, second and third sections of the act passed March ninth, eighteen hundred and sixty-three, entitled an act establishing an agency in the city of Richmond for receiving and forwarding clothing, shoes and other supplies to Virginia soldiers, are hereby repealed.
Commencement
7. This act shall be in force from its passage.
CHAP. 15.--An ACT for the relief of Families of Soldiers living in Counties within the Lines or under the Control of the Enemy.
Passed February 20, 1864.
Amount appropriated
1. Be it enacted by the general assembly, that the sum of one million dollars be and the same is hereby appropriated for the re