Benjamin W. Penick, Bond for Arms

KYR-0002-022-0034.xml

Accession Number

KYR-0002-022-0034

Document Genre

Legal/Financial

Repository

Kentucky Department of Military Affairs

Collection

37th - 76th Regiments Enrolled Militia Primary Source Documents (1861-1866)

Item Location

Box 80, Folder 861 GREEN COUNTY Cpt. Benjamin W. Penick 46th Rgt. Ky. Militia Bond for Arms

Place of Creation

Green County, Kentucky

Date of Creation

4 September 1861

Dates Mentioned

1861-09-04

1861-05-24

1861-09-17

KNOW ALL MEN BY THESE PRESENTS:

THAT we, Benjamin W Penick, Captain of a company of "Home Guards," of the county of Green and State of Kentucky, principal, and Thomas H Frazer. E. G. Poor Joel Smith Josiah Hatcher,, his securities, all of the county and State aforesaid, are jointly and severally bound unto the Commonwealth of Kentucky in the just and full sum of [ ] dollars, for the payment of which, well and truly to be made to the said Commonwealth, we bind ourselves, our heirs, executors, and administrators, by these presents, for value received.

Now the condition of the above obligation is such, that whereas the above bound Benj H Penick, principal and Captain of a Company of "Home Guards," is about to receive the following arms, accoutrements, &c., from the Commonwealth of Kentucky, all in good order and condition, to-wit [ ] Now the said B W. Penick Thomas H Frazer E. G. Poor Joel Smith Josiah Hatcher covenants that the arms, accoutrements, &c., shall be safely kept, and shall be returned to the State Arsenal, at Frankfort, in like good order and condition, at the expiration of five years, or sooner if the Company be previously disbanded; then this obligation shall be void and of no effect; otherwise to remain in full force and virtue.

Witness our hands and seals, this 4^th day of September, 1861
B, W, Penick, Captain, {Seal}
T H Frazer {Seal}
E G Poor {Seal}
Joel Smith {Seal}
Josiah, Hatcher {Seal}

STATE OF KENTUCKY,
COUNTY OF Green,, SCT:

I, Thomas R Barnett, Presiding Judge of the County of Green and State aforesaid, do certify that the above named principal and sureties are good and sufficient to secure the perfomance of the above covenant, or to answer for its breach.

Witness my hand, this 4^th day of September, 1861.
Thomas R Barnett
Presiding JudgeGreen County Court.

STATE OF KENTUCKY,
Green COUNTY, SCT:

I, Thomas R Barnett, Presiding Judge of the county of Green, do hereby certify that Benjamin W Peni^c^k was duly elected Captain of a company of "Home Guards" of said county, on the 4^th day of September, 1861, that said election was held and conducted by myself in pursuance of an act, entitled "An act for the regulation of the militia and to provide for arming the State," approved May 24, 1861, and that said company consists of forty five members.

I do also certify that I administered to the officers and members of the company the following oath: You, and each of you, do swear and "solemnly promise and agree that you will honestly and faithfully serve the State of Kentucky against all her enemies or opposers, and that you will do your utmost to support the Constitution and laws of the United States, and of the State of Kentucky against all violence of whatsoever kind or description; and you further declare that you will well and truly execute and obey the legal orders of all officers legally placed over you when on duty," so help you God. This 4^th day of September, 1861.

Thomas R Barnett
Presiding Judge Green County.

REQUISITION on the Commissioners for arms and accoutrements for Captain B. W. Penick'^s company of "Home Guards" of the county of Green, raised and organized in conformity to an act of the Legislature of Kentucky, entitled "An act for the regulation of the militia, and to provide for the arming of the State," approved May 24, 1861, to-wit:

6-p'der Brass Cannon.

6-p'der Carriages.

Muskets, complete.

Rifles, complete.

Cartridge-boxes.

Cartridge-box Belts.

Bayonet Scabbards.

Waist Belt-plates.

Gun-slings.

Sabres.

Sabre-belts.

Belt-plates.

Pistols.

Holsters.

I certify that my company of "Home Guards" numbers Forty five active, bona fide members, and request the above requisition to be filled; but if for the want of arms that be impracticable, then, and in that event, I will receive any number not less than forty-four guns and accoutrements. This 4^th day of September, 1861.

B. W. Penick, Captain.

We, B. W. Penick, Captain and Prinicpal, and T. H Frazer, E G. Poor, Joel Smith & Josiah Hatcher securities in his bond, do hereby authorize and empower the Commissioners to cause the bond of Captain B. W. Penick to be filled up with the number and description of arms, accoutrements, &c., which may be allotted to said company. Witness our hands and seals this 4^th day of September, 1861.

B. W. Penick, Captain, {Seal}
T H Frazer {Seal}
E G Poor {Seal}
Joel Smith {Seal}
Josiah, Hatcher {Seal}

Received, This 4^th day of September, 1861, of the Quartermaster-General, the arms and accoutrements specified in the foregoing requisition.

B. W. Penick, Captain.

Cap^t. B. Penick
Home Guards
Green
Rec^d17^th Sep 1861.

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