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sueh party, shall be null and void : and no clerk shall obey the same: Provided, however, That nothing herein contained, shall prohibit the opposite party from filing the duplicate, and receiving the benefit thereof, as directed by this act.

CHAP. CCXXXIII.

AN ACT to amend and reduce into one the storral

acts respecting the Militia.

APPROVED, February 4, 1815. Sec. 1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That the following laws and regulations for the government of the militia of this state, be hereafter observed and fol.

lowed hy all persons whatsoever, hereby repcaling An former laws

every former law, rule and regulation, heretofore Appealed.

enacted or adopted by the authorities of this state

relative thereto. The judges of the superior and Who exempted circuit courts, the treasurer, auditor, attorney genBut not tran dratt eral, secretary of state, register of the land office,

and their clerks ; professors and tutors of public seminaries of learning; the public printer, and such as may be necessarily in his office; ministers of religious societies, keepers of public jails; the guards employed in the jails and penitentiary house; the president,cashiers and cl'ks employed in the Bank of Kentucky and its branches, shall be exempted from military duty, as to attending musters, except to stand

a draft, or serve a tour of duty : and in that case, isters of the gear none shall be exempt, except ordained ministers of pel exempted Ralo the Gospel. together.

Sec. 2. The enrolled militia shall be laid off inMilitia to be lobd to divisions, brigades, regiments, battalions and &c, by the Gox companies. The divisions, brigades and regiments

shall be laid off by the governor, for the time being,

and be subject to such change as he may deem expemay alter the dient. The field offieers of the regiments are herebounds or battal by authorized to form, alter or modifiy the bounda.

None but main.

crnor.

Field officers

armed for defence

ries of battalions, and companies within their said regiments, as they, or a majority of them, shall deem most proper; and the adjutants shall keep a record thereof. The free men of this commonwealth (ne

Free wed to be groes, mulattoes and Indians excepted,) shall be armed and disciplined for its defence. 'Í'hose who except those who conscientiously scruple to bear arms, shall not be scruple to bear coinpelled to do so, but shall pay an equivalent for lationis respecting personal services; which equivalent shall be one personal services dollar per day for each muster ; but in case of in. as to musters; and vasion, insurrection or war, where such persons furnishing subsu

tutes for actual are called into service, they shall be pernitted to service. find an able bodied substitute in lieu of personal service; or if any conscientious person shall fail to fur. nish such substitute, the captain of the detachment to wiose coinpany he belongs, shall be authorized and is hereby directed to hire a substituto for such conscientious person, who shall be bound to pay such substitute a suin, not exceeding ono dollar per day, as said captain may agree to be paid ; and said sam agreed to be paid by the captain,

shall be recovered before any court, or justice of * the peace, having jurisdiction of like sums, by ac

ţion of debt, or any other action usual in sums of like magnitude, in favor of such substitute against such conscientious person; which stipulated süm, shall be due and payable so soon as the substitute is discharged from service; or in case of his death, shall be payable to his representatives, so soon as the term of the corps, to which such substitute was attached expires: and in case individual property shall not be found sufficient to satisfy the annount to such substitute, the officer charged with the collection, shall call upon the agent or superintendant of the common stock of the sect or cominunity to which such conscientious person belongs; and if he fails to pay the amount, he shall levy and collect the amounton the cornmon stock, or on any property belonging to the sect, to which such conscientious person belongs ; and on failure to make the amount Arrest such conscientious person, and confine bim in the jail of the county, as other debtors, until the emount is paid.

Sec. 3. The commanding officers of divişions,

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Inspectors and

Where votes are

Appointment of shall appoint their aids, division inspectors and

quarter-inasters-Brigadier-generals their aids, brigade majors and quarter-masters--Commanding officers of regiments their adjutants, quarter-masters, pay-masters and surgeons ; who shall be com

missioned by the governor: Provided, That divisquartermasters of ion inspectors and quarter-masters, and brigade pointed by senate quarter-masters, shall be approved of by the senate. edostali no each There shall be a non-commissioned staff to each remed by companhe giment, to consist of one serjeant-major,drum-major ant; captains w and fife-major, to be appointed by the commandant missionedofficers

; thereof: and captains of companies shall appoint and field officers their non-commissioned officers. A majority of the inate officers of field officers and captains in each regiment, shall companies. nominate the commissioned officers in each

company, who shall be commissioned by the governor: Provided, That no nomination shall be inade unless two at least, of the field officers are present; and

when two or more persons have an equal and the squal the highest highest number of votes, the field officer present, the numination. who may be highest in commission, shall decide the

nomination.

Sec. 4. The governor shall provide for raising Governor to companies of grenadiers, light infantry, cavalry, ing companies of riflemen and artillery, agreeable to the laws of the Infantry, Cavalry, United States, at his discretion; and when raised Bitteyneb and Ařand officered, they shall be subject to the laws and

rules of the said United States, and of this state, as other militia.

Sec. 5. It shall be the duty of each major-geneMaj. eens toral to receive from the adjutant-general, copies of jutant gen. re requisitions of men made by the government upon nien made by the his division; and shall, without delay, make a deer auments and tail on the brigades in his division, agreeable to the his brigadesto returns made by the brigade majors, and shall issue as sende degimen. his orders to the brigadiers accordingly; & to attend

the several regimental musters in the bounds of his

division,once in every two years, at least. Whenever He may

emosyo attend the major-general may choose, he may attend at aviews and give ny muster or review whatsoever, and give any ore

ders for the disciplining of the troops that he may deem expedient.

Sec. 6. It shall be the duty of the brigadier general, to receive from the adjutant general, or major

, .

receive requisitions from adj. gen.

talion muster.

When written

He shall furnish

He shall order pon-commission d

general, copies of requisitions on his brigade, and Brigadiers to shall make a detail on the regiments in his brigade agreeable to the returns made by the adjutants of make details on regiments, and give orders to the commandants of the regiments,and

give orders accorregiments accordingly. It shall be the duty of the dingly.

To appoint regi. brigadier general to appoint the time of regimental mental and bat and battalion musters in each year; written notices of which, he shall give to the commandants of re- to be given to the giments on or before the first day of February, in commandants of each year. It shall be his duty to visit each regi. To visiteach re ment in his brigade annually, on their regimental

giment annually. muster days, and review them; and whenever he may be present at any muster in his brigade, he may order and direct the discipline and exercise thereof, if the occasion, in his opinion, should require it. He shall also furnish his major general with a list of the maj. gen. witi a days appointed by him for regimental reviews. He list of regimentul shall have power to order the officers, non-commissioned officers and musicians, of two or more regiments in his brigade; to be trained together at some officers, oc. of 2 place within the bounds of his command, to contin- be trained in Sep

tember amuually, ue not less than two days nor more than four', at his discretion; which training shall be in the month of September annually; and whose duty it shall be to encamp the troops on the ground, and superintend such training in person, of which training he shall notify the commandants of regiments in his orders for the musters.

Sec. 7. Commandants of regiments shall receive an dts of Wifrom the brigailier, copies of requisitions made on requisitions from their regiments, who shall make the detail on the se- make details o que veral companies of said regiment, agreeable to the their companies strength of the companies, and issue his orders to accordingly, the several commandants accordingly. The commandant of each regiment shall receive the written ten pote from the orders' of his general of brigade, for the times of genl. pre brigade holding regimental and battalion musters for the musters. year; and shall give like notice thereof to the com- notice thereof to mandants of battalions, on or before the 15th day talions of the of February in every year; to which he shall add regimental mus the place of holding his regimental muster and ment, and

. court of assessment, and the tine and place of train. ing; which training shall continue not less than two more than fout nor more than four days, at the discretion of said daye.

Receive writ

Shall give bile

of

Training not less than two nur

mune year.

cers to call the

and musters

Where vacancles occur, to con

make

tiene

To encamp an officer, and to encamp on the ground, to perform the ground.

the duties in camp as well as that of the field; which Brigade and training shall be by the commanding officer of said ing not interne regiment. Provided, however, that where a brigade

training is ordered, there shall not be a regimental

training in the same year. Provided, also, that it Com deg of shall be the duty of the commanding officers of each Polls and note de regiment, at all trainings, to call the rolls, and note linquents

and report the delinquencies the judge advocato of his regiment, or if a field officer, to the brigadier

general, and if the commandant is a delinquent, cole rekablenes the adjutant shall return him accordingly. It shall Battalion be his duty to attend to the regimental and battalion

musters; he may also attend the company musters, when he may choose to do so; and give such orders as he may think proper. Whenever vacancies in bis

regiment shall render it necessary, he shall convenc vene officers to the field officers and eaptains of his regiment, to

nominate proper persons to fill vacancies therein.

Sec. 8. It shall be the duty of the major general, How officers to brigadier general, and commandants of regiments, invasion or incurs upon receiving notiee of an invasion or insurreca

tion, immediately to embody'such force as they may

"m competent for the emergency, and give the ear. liest notice thereof to their next superior officer, and the governor.

SEC. 9. It shall be the duty of commandants of Regimental and battalions to receive the written orders of the com

mandants of regiments, for the days on which the regimental and battalion musters shall be appointed for the year, and give a written notice thereof to the commandants of companies within their respective battalions, on or before the first day of March in every year; adding thereto the places of holding the regimental and battalion musters, and court of assessment. They shall exercise their battalions on their days of muster; and when they may be present at any company muster, they may superintend their exercise if they think proper.'

Sec. 10. The commanding officers of companies Captains to me

shall receive from the commandants of battalions, apive notice ofre the written notices of the days and places where the calien musters, regimental and battalion musters in each year are to

be held; to which the said commandants of companies

rection.

battalion musters.

Notice te Capo tains.

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