A BILL Concerning the Office of Sheriff. March 10, 1847-Read first to be read second time. 1. Be it enacted by the general assembly, That persons having an interest in the office of sheriff, 2 whether they be qualified as deputies or not, shall be incapable of being appointed or elected to, 3 or of holding or exercising any office or place which a high sheriff may not lawfully hold and ex 4 ercise; and shall be subject to all the disabilities which attach to the office of high sheriff. 2. This act shall be in force from the passing thereof. A BILL Fixing the Pay, and prescribing the duties of the Officers of the Public Guard. March 10, 1847-Read first to be read second time. 1. Be it enacted by the general assembly, That the company called the public guard shall be con2 tinued, and shall consist as at present of a captain, a first and second lieutenant, six sergeants, six 3 corporals, two musicians, and seventy other able bodied men; the captain and lieutenants to be 4 appointed and commissioned by the governor when vacancies may happen; the men to be enlisted 5 by the commanding officer of the guard from time to time for the term of three years, unless 6 sooner discharged; and the noncommissioned officers to be appointed by the said commanding 7 officer. All of the said company shall be citizens of the United States. 2. One of said lieutenants, to wit, the first, shall be appointed by the governor paymaster of the 2 guard, for the term of three years from the day of his entering on the duties of the office under 3 this act, and the other shall be appointed in like manner for the three years next after the expira4 tion of the first term, and so in rotation each lieutenant shall be paymaster for the term. of three 5 years: Provided however, That if the officer whose term it shall be to be appointed paymaster shall 6 decline to accept the same, the other may be reappointed for a second term. The paymaster shall 7 give bond to the commonwealth with security, to be approved by the governor, in the penalty of 8 two thousand dollars, conditioned for the faithful performance of the duties of his office. He shall 9 be incapable of acting until such bond be given; and if it be not given on or before the day for 10 the commencement of his term, the other officer entitled to be paymaster in rotation, shall on giving 11 bond be paymaster for three years from and after such day. 3. The pay per month of the said company shall be as follows: Of the captain forty dollars; of 2 the first lieutenant thirty dollars; of the second lieutenant twenty-six dollars; of each sergeant ten 3 dollars; of each corporal and musician nine dollars; and of each private eight dollars. Each 4 noncommissioned officer, musician and private, shall receive one ration per day in kind, and the 5 same clothing and quartermaster stores, as are allowed to infantry in the service of the United 6 States under the laws and regulations thereof, now in force. Each of the commissioned officers 7 shall be entitled to four rations per day, and each shall be allowed for one servant, the pay, rations 8 and clothing of a private, and such quartermaster stores for himself and a servant as are now 9 allowed to officers of the same grade in the infantry of the United States. 4. The commanding officer of the public guard for the time being, shall be considered as in com2 mand of a separate post, and entitled thereby to four rations in addition per day. He shall also be 3 allowed ten dollars per month for responsibility for the arms, clothing and accoutrements of the 4 company. 5. The paymaster shall receive for his services as such ten dollars per month, without any rations 2 or other allowance. 6. The commissioned officers may severally commute the rations allowed them at twenty cents for 2 each ration, and the rations and clothing allowed for servants at the contract price, or the cost of 3 the rations and clothing for the guard. The pay, allowances and commutation money of the offi4 cers and men, shall be payable every two months. 7. The guard may be employed in extra duty, and each of the men may be allowed one dollar per 2 month in lieu of the ration of spirits; and each of them who, at the expiration of his term of en3 listment shall obtain an honourable discharge, shall be entitled to a gratuity of fifteen dollars. 8. The governor shall contract for clothing, rations and quartermaster's stores for the guard. 2 The cloth necessary to be purchased shall be selected by the captain of the guard. The governor 3 shall cause the clothing to be obtained from the penitentiary, if such as is suitable can be had out 4 of what is manufactured there, and the cost of the same shall be charged to the commonwealth, in 5 account with the penitentiary. 9. The surgeon to the public guard shall visit the station of the guard once at least every day, and 2 oftener when there are cases of sickness requiring his attendance, or when he is called upon to at3 tend by the commanding officer. It shall also be his duty, before leaving the City of Richmond at 4 any time, to notify the said officer of his intention, and the time he expects to be absent, and what 5 physician may be called to officiate for him in his absence. 10. The commandant shall appoint a hospital steward from the company to attend the sick, pre2 pare and administer the medicines, and see that the prescriptions of the surgeon are complied with, 3 who shall receive an addition to his pay of four dollars per month. He may also employ a hospital 4 matron, at such price as may be agreed on, not exceeding per month. 11. The commanding officer shall annually, by the first day of October, make a return to the ad 2 jutant general, shewing the strength of the guard. 12. The guard shall be subject to the orders of the governor, and the officers, noncommissioned 2 officers, musicians and privates, shall be subject to the same rules and regulations, and to the same 3 punishment for offences, as the troops of the United States are subject by the laws thereof; except 4 that the punishment of death shall not be inflicted on any person under the authority of this act. 13. A court martial for the trial of the captain, or either of the lieutenants, shall consist of seven 2 officers, detailed from the nineteenth or some adjacent regiment, on the order of the governor. 3 There shall also be detailed from some of said regiments, in like manner, one other officer, as a 4 supernumerary, who shall be sworn as a member, and be present with the court during its sittings 5 and deliberations, and who shall take a seat as a member of the court, in the event of either of the 6 regular members being prevented from continuing to sit. All the officers so detailed shall be of a 7 grade above that of the officer who is to be tried. 14. The judge advocate of any such court shall be allowed for his services five dollars per day 2 while actually engaged as such. 15. The officer who may be in command of the guard at the time of any such court, shall detail 2 a suitable noncommissioned officer of the corps to act as orderly or provost martial of the court. 3 The person so detailed shall be exempt from guard, fatigue and police duty during the time of his 4 acting as such officer, but shall be allowed no compensation therefor. 16. The three officers of the guard shall be sufficient to hold a court martial for the trial of any 2 of the men of the guard. In case either of the said officers should be dead, absent or unable to 3 attend, the commandant of the nineteenth regiment shall summon a commissioned officer of the 4 militia in his stead; there shall, however, be present at least one of the officers of the guard as a 5 member of the court. |