such 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.

Repealed.

fram mustering,

CHAP. CCXXXIII.

AN ACT to amend and reduce into one the several 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 followed by all persons whatsoever, hereby repealing All former laws every former law, rule and regulation, heretofore 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 from draft 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 el'ks employed in the Bank of Kentucky and its branches, shall be exempted from mil itary duty, as to attending musters, except to stand a draft, or serve a tour of duty and in that case, none shall be exempt, except ordained ministers of the Gospel.

Nene but min.

isters of the goa pel exempted al

together.

off into divisions,

ernor.

:

SEC. 2. The enrolled militia shall be laid off inMilitia to be laid to divisions, brigades, regiments, battalions and &c, by the Gov. 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 officers of the regiments are herebounds of battalions, Grc. by authorized to form, alter or modifiy the bounda

Field officers

zies 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 (negroes, mulattoes and Indians excepted,) shall be armed and disciplined for its defence. 'Í'hose who conscientiously scruple to bear arms, shall not be compelled to do so, but shall pay an equivalent for personal services; which equivalent shall be one dollar per day for each muster; but in case of invasion, insurrection or war, where such persons are called into service, they shall be permitted to find an able bodied substitute in lieu of personal service; or if any conscientious person shall fail to furnish such substitute, the captain of the detachment to whose company he belongs, shall be authorized and is hereby directed to hire a substitute for such conscientious person, who shall be bound to pay such substitute a sum, not exceeding one dollar per day, as said captain may agree to be paid; and said sum agreed to be paid by the captain, shall be recovered before any court, or justice of the peace, having jurisdiction of like sums, by action of debt, or any other action usual in sums of like magnitude, in favor of such substitute against such conscientious person; which stipulated sum, 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 amount to such substitute, the officer charged with the collection, shall call upon the agent or superintend ant of the common stock of the sect or community to which such conscientious person belongs; and if he fails to pay the amount, he shall levy and collect the amount on the common 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 him in the jail of the county, as other debtors, until the amount is paid.

SEC. 3. The commanding officers of divisions,

Free men to be

armed for defence except those who scruple to bear lations respecting personal services as to musters; and furnishing subs service.

con sci en ciously arms--and regu

an equivalent for

relative to their

tutes for actual

staff officers.

Inspectors and

divisions to be ap

Appointment of shall appoint their aids, division inspectors and quarter-masters-Brigadier-generals their aids, brigade majors and quarter-masters-Commanding officers of regiments their adjutants, quarter-masters, pay-masters and surgeons; who shall be commissioned 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. There shall be a non-commissioned staff to each reted by command-giment, to consist of one serjeant-major,drum-major aut; captains to and fife-major, to be appointed by the commandant missione dofficers; 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,

Non-commission

regiment

appoint non-com

Where votes are

equal the highest

officer to decide

the nomination.

provide for rais

Grenadiers,Light

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 highest number of votes, the field officer present, 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 Riflemen and Ar- and officered, they shall be subject to the laws and rules of the said United States, and of this state, as other militia.

tillery.

receive from ad

quisition s for

uake details on

attend regimen

SEC. 5. It shall be the duty of each major-geneMaj. gens to ral to receive from the adjutant-general, copies of jutant gen. re requisitions of men made by the government upon nen made by the his division; and shall, without delay, make a degovernment and tail on the brigades in his division, agreeable to the his brigades-to returns made by the brigade majors, and shall issue tal musters. 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 the major-general may choose, he may attend at any muster or review whatsoever, and give any orders for the disciplining of the troops that he may deem expedient.

He may attend views and give

musters or re

oid ers, &e.

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

Brigadiers to receive requisiti❤

and maj. general,

make details on the regiments, and dingly. mental and bat

give orders accor

To appoint regi.

talion muster. When written notices of musters

to

be given to the commandants of

regiments.

general, copies of requisitions on his brigade, and shall make a detail on the regiments in his brigade ons from adj. gen. agreeable to the returns made by the adjutants of regiments, and give orders to the commandants of regiments accordingly. It shall be the duty of the brigadier general to appoint the time of regimental and battalion musters in each year; written notices of which, he shall give to the commandants of regiments on or before the first day of February, in 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 days appointed by him for regimental reviews. He 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 place within the bounds of his command, to continue 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.

He shall furnish

maj. gen. with a list of regimental

musters.

He shall order non-commission'd

officers, &c. of 2 or more regts. to be trained in September annually.

Com'dts of brigades to receive

requisitions from make details on their companies accordingly.

brigadiers, and

and give orders

Receive writ

of regimental

SEC. 7. Commandants of regiments shall receive from the brigadier, copies of requisitions made on their regiments, who shall make the detail on the several companies of said regiment, agreeable to the strength of the companies, and issue his orders to the several commandants accordingly. The commandant of each regiment shall receive the written orders of his general of brigade, for the times of holding regimental and battalion musters for the year; and shall give like notice thereof to the commandants of battalions, on or before the 15th day of February in every year; to which he shall add the place of holding his regimental muster and court of assessment, and the time and place of training; which training shall continue not less than two nor more than four days, at the discretion of said day.

ten note from the genl. of brigade musters. Shall give like notice thereof to talions-of the regimental mus ment, and of

com'dts of bai

ter and assess

training.

Training not less than two nor

more than out

regimental train.

same year.

Com'dg offi

cers to call the

linquents.

shall at

tend regimental

and

musters.

Toeneamp on 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 in the 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 shall be the duty of the commanding officers of each folls and note de regiment, at all trainings, to call the rolls, and note and report the delinquencies the judge advocate of his regiment, or if a field officer, to the brigadier general; and if the commandant is a delinquent, Col him 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 his cles occur, to con regiment shall render it necessary, he shall convene 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 insur upon receiving notice of an invasion or insurrection, immediately to embody such force as they may dem competent for the emergency, and give the earliest notice thereof to their next superior officer, and the governor.

Where vacan

make nomina.

tiens.

proceed in case of

rection,

battalion musters.

Notice to Cap. tains.

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

Captains to re

SEC. 10. The commanding officers of companies shall receive from the commandants of battalions, ceive notice of re- the written notices of the days and places where the talion musters, regimental and battalion musters in each year are to be held; to which the said commandants of companies

gimental and bar