ordinary militia duty, but not from militia duty in times of war, insurrections, or public invasions, or danger. Approved, February 9, 1838. Charles AN ACT to appoint a Commissioner of Public Buildings, and for other purposes. SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That Charles Lynch be, and he is hereby appointed commissioner of public buildings, in this state, His duty. whose duty it shall be to contract with any person or persons whomsoever for any work, or materials, which, with the advice of the architect, may be deemed necessary, for the proper and speedy completion of said buildings, according to the plans adopted, or that may be hereafter adopted, by the legislature of this state. Bonds to be given. When con SEC. 2. Be it further enacted, That in making all contracts whatsoever authorized by the preceding section, it shall be the duty of the commissioner to take, in the name of the governor of the state, bond, with good and sufficient security, for double the amount of contract, from each contractor or set of contractors; and should said contractor or contractors fail to comply with each and every requisition of his or their bond or bonds, it shall then be the duty of the commissioner to order the attorney-general to proceed against him or them, in any court of competent jurisdiction in the state. SEC. 3. Be it further enacted, That whenever said commissioner shall become satisfied that any contractor is likely likely to fail to fail to comply with his contract, either from neglect, to comply. incapacity, or any other cause, he shall discharge said con A clerk may be appointed. tractor, by paying him, in the manner hereinafter mentioned, such sum of money which he, with the advice of the architect, shall deem reasonable and proper. SEC. 4. Be it further enacted, That said commissioner shall have power to appoint a suitable clerk, whose duty it shall be to attend upon said commissioner, and to record faithfully in a well bound book, containing an index, all contracts entered into concerning the public buildings, all plans and written statements of the architect, and to execute all orders of the commissioner, appertaining to the duties of his office; and said clerk shall receive semi-annually, such pay as the said commissioner shall deem reasonable and just. SEC. 5. Be it further enacted, That before said commissioner, or his successors, enter upon the duties of commis- Bond. sioner of public buildings, he or they shall severally give, to the governor of the state, for the time being, bond, with good and sufficient security, to the amount of twenty-five thousand dollars, for the faithful performance of the duties of commissioner. Salary of SEC. 6. Be it further enacted, That said commissioner be paid quarterly, out of the treasury, upon certificates of commisthe governor, directed to the auditor, the yearly salary of fifteen hundred dollars. sioner. death, re SEC. 7. Be it further enacted, That in case of death, resignation, refusal to act, or removal from the state, of said In case of commissioner, the governor of the state, for the time being, moval, &c. be, and is hereby authorized and required to fill such vacancy until the next meeting of the legislature, be it a regular, adjourned, or called session; and said person, so appointed, shall have power to do and perform all duties. appertaining to the office of commissioner; and shall receive, in mode and manner, the same compensation provided for the commissioner, in section six of this act. remove SEC. 8. Be it further enacted, That the governor, for Governor the time being, shall, for neglect or incapacity, remove from may office said commissioner, and shall fill the vacancy occa- from office. sioned thereby, in the manner provided for in the foregoing section. be SEC. 9. Be it further enacted, That said commissioner shall employ, whenever he shall deem it expedient, a guard, Guard may whose duty it shall be to protect from injury said buildings, employed. and all materials belonging thereto; he shall, moreover, make such suitable rules and regulations concerning the visiting said buildings, by persons not employed in the construction thereof, as he shall from time to time deem advisable. tion. SEC. 10. Be it further enacted, That said commissioner Compensapay to said guard, quarter yearly, such sum of money as he may deem equitable and just. SEC. 11. Be it further enacted, That a certificate from Vouchers. said commissioner, except for drawing his own salary, shall be a sufficient voucher to the auditor, for issuing his warrant, upon the state treasury, for the amount certified to. powers of SEC. 12. Be it further enacted, That said commissioner Duties and shall have the same powers and perform the same duties as were required of his predecessors, by an act entitled an act to establish a penitentiary, in the state of Mississippi; he shall remain in office for two years, and shall hereafter be appointed by the joint ballot of both houses. commissioner. When injuries are inflicted on the works, &c. SEC. 13. Be it further enacted, That if any person or persons shall, by any means whatsoever, wilfully injure or destroy any of the work, materials, furniture or ornaments, of said buildings, or shall wilfully deface any of the walls thereof, or write, make drawing or characters thereon, either with pencil mark or otherwise, or write obscene words, or do any other act, either to the walls, or within the same, inconsistent with the laws of decency and propriety, such person or persons, so offending, shall, each, for every such offence, be liable to the state for all damages occasioned thereby and it shall be the duty of said commissioner, with the assistance of the attorney-general, to prosecute each and every such offender, or offenders, in any court of competent jurisdiction within the state; and upon conviction, each and every offender shall be punished by a fine not less than twenty dollars, nor more than one thousand, or imprisonment not less than one month nor more than one year, or both, at the discretion of the court. SEC. 14. Be it further enacted, That William Nichols Architect. be, and is hereby recognized as state architect, and, for his services as such, shall be entitled to the sum of three thouHis salary. sand dollars per annum, payable quarter yearly, out of the treasury; Provided, the commissioner of public buildings SEC. 15. Be it further enacted, That said architect shall, His duties. at the request of the commissioner, exhibit to him the plans and drawings of the different public buildings; and whenever requested, make a statement, in writing, of the quality, i quantity, and costs of materials and labour, which he deems necessary and proper for the erection and completion of said buildings, according to the plans adopted, or that may here after be adopted by the legislature. SEC. 16. Be it further enacted, That it shall be the duty of said architect to superintend, constantly, the erection of Ibid. said buildings, and to give all necessary and proper directions to the mechanics employed upon the same, to make out a detailed statement of the plan, manner and style in which the work shall be executed, and to furnish a statement of the same to each of the contractors and commissioner. duties of SEC. 17. Be it further enacted, That if, from inattention, or any other cause, the said architect shall, in the opinion Power and of the commissioner, become unsuitable to continue and be commisemployed as state architect, the said commissioner shall sioner. report the same freely and specifically to the governor of the state, for the time being, who shall remove said architect and appoint in his stead a suitable person, to continue in office, until the first meeting of the legislature thereafter: the powers, duties, and compensation of the person thus appointed, shall be the same as that of his predecessor. SEC. 18. Be it further enacted, That the commissioner, architect, clerk, and each contractor, shall make oath, be- Oath. fore some justice of the peace, that they will severally discharge, well and truly, their respective duties, herein. prescribed, to the best of his skill and abilities. be made. SEC. 19. Be it further enacted, That the commissioner and architect shall severally make, to each session of the Report to legislature, a full report of the condition of the public buildings, and submit to the legislature, or a committee appointed for that purpose, all books and papers concerning the same. tion of one SEC. 20. Be it further enacted, That for the suitable and speedy completion of the capitol, in addition to the sums Appropriaheretofore appropriated to that object, the further sum of hundred one hundred thousand dollars, or as much as may be neces- thousand cessary to complete said building, with all necessary furniture: Provided, that the whole amount does not exceed one hundred and twenty thousand dollars, be, and the same dollars. Repeal. To take effect. is hereby appropriated, out of the state treasury, to be reimbursed to the same out of the proceeds of the lots already sold, and those hereafter to be sold, in the town of Jackson. SEC 21. Be it further enacted, That an act entitled an act to appoint commissioners of public buildings, and for other purposes, approved February 27, 1836, and an act entitled an act further to provide for the erection of a penitentiary in this state, approved February 27th, 1836, together with so much of an act as relates to the state architect, entitled an act to make certain appropriations therein named, approved January 21, 1837, be, and the same are hereby repealed. SEC. 22. And be it further enacted, That this act shall take effect, and be in force, from and after its passage. Approved, February 9, 1838. of time. AN ACT to amend an act, entitled an act supplementary to an act entitled an act to incorporate the Mississippi Rail Road Company, approved May 12, 1837. SECTION 1. Be it enacted by the Legislature of the state Extension. of Mississippi, That the period provided in the eighth section of the act to which this act is an amendment for the completion of the rail road therein mentioned, from the city of Natchez to the town of Canton, be, and the same is hereby extended until the year eighteen hundred and fifty. Repeal. tion. SEC. 2. Be it further enacted, That so much of the twelfth section of the act to which this is an amendment, which declares that the board of directors of the several branches shall have the exclusive control of the amount of capital set apart for each of said branches be, and the same is hereby repealed. SEC. 3. Be it further enacted, That the time mentioned Books and and prescribed in the ninth section of the act to which this subscripis an amendment, for the directors of said company to cause books of subscription to be opened, be and the same is hereby extended to any time, at the discretion of said directors, until the first day of January, eighteen hundred and forty; and moreover, that the subscribers shall be required to pay |