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and day and pla ses of company musters.

Captain to give notice of compe musters.

In cases where

persons move into bounds, or are years, captains like manner.

rive at the age of

18

shall give notice

in

Three days no,

of muster

notice to be given

have not been no

shall add the days and places appointed for the muster of their companies for the same year, as well as the time and place of the sitting of the court of assessment; and they shall, on or before the 15th day of March in each year, deliver a certificate of the musters so ordered, and courts of assessment, to the non-commissioned officers; whose duty it shall be to receive, and deliver to, or leave at the place of lodging, or the usual place of abode, of each subaltern and non-commissioned officer, musician and private in the company to which he belongs, a like written notice, on or before the first day of April in each year; but in all cases where any person may move into the bounds of any company, or arrive at the age of eighteen years, after the first day of A pril in any year, the commandants of companies shall, as soon as possible, give to such person a like notice, in the same manner: Provided, in all cases where any militia man receives three days notice of shall be lawful. any muster, it shall be lawful: And provided further, that it shall be the duty of commanding officers Captains to cause of companies, from time to time, to cause all persons to all persons who to be notified to attend muster, who from accident tified, by accident or neglect. or neglect, failed to receive a notice before the first day of April. The commanding officer of each company shall make a complete roster of his Captains to make company, and number the men from one, up to the number of men in his company, placing all those who have not performed duty, on the lowest number in the company, by lot; after them, those who have performed the lowest number of tours by lot, the next in number; and so on, placing those of the lowest tours next on the roll; and proceed in this manner, until all have drawn their numbers: and in case of any person being absent, or refusing to Captain to draw draw, the captain shall draw for him and when detail is made on the company, the captain shall begin with the first man on the roster, and call out the detail is ordered number of men required, according to their num- Proceedings bers. And when any man moves into the bounds when of a company, he shall produce a certificate from moves out of the the captain to whose company he formerly belonged, shewing the number such man held in the company; be used by the of and the officer shall place him next preceding the

a

out rosters

for absenter.

How captain to proceed when a

a man

bounds of a com

pany.

Proceedings to

feer whose come

pan, hujuius.

hose arriving at

18 years.

receive substi

tutes.

man of the same number, or next number entitled to the same credit; and in case he fails to produce such certificate, the officer shall place him first for service; and those arriving to the age of eighteen How to place years, shall be placed next to those who have not served, and if all have served, then with those who are first for service. And where marching orders Captains to ap- are given, captains may appoint some place in the point a place to bounds of the regiment or regiments from which their companies were detailed, where they may receive substitutes in place of those detailed for service, provided they are able-bodied men, and such as the captains will approve of; and if approved of, they shall receipt for the same to the person furnishing such substitute, which shall be evidence to the officer from whose company such detail is made, that such person is entitled to a credit, which credit shall be entered in each company book, after such troops are discharged from service, for the time the Proceedings when detachment have served, and no longer; and if the substitute enlists in the service of the United States, the credit shall be given for the time such detachment was detailed for service: Provided, that nostitutes not trans thing herein contained shall be so construed as to authorize the transfer of any receipt for a substitute, or discharge for service performed, so as to clear any person from the performance of duty, but the person who actually performed such duty, either in person or by his substitute, as such, entered on the muster rolls of the company while in service. And each man furnishing such substitute, shall be bound to attend all the musters directed by this act.

substitutes enlist.

Receipts for sub ferable.

Daty of lieuten

SEC. 11. It shall be the particular duty of the Ants and ensigns. lieutenants and ensigns to assist in the exercise and discipline.of their companies, and report every defalcation or disobedience in the government and exercise thereof.

rior officers to be

SEC. 12. All officers of every grade, shall impliOrders of supe citly obey the orders of their superiors; and in case obeyed-next in of the absence, death or inability of any officer, the mand, c. next in rank shall take the command, and discharge all the duties required by this act of his superior, during such vacancy, absence or inability.

rank to take com

SEC. 13. In case the brigadier general should fail to notify the commandants of regiments of the time of holding the regimental and battalion musters in the bounds of his brigade, within the time prescribed by law, the commandant of such regiment shall appoint his own regimental and battalion musters; or in case of failure on his part, the majors of the battalions composing such regiment, shall appoint and give notices of the times and places of holding their battalion musters.

SEC. 14. The adjutant general shall keep his office in the state house, or such other house as the legislature shall provide. He shall keep a fair record of all orders and communications which he shall from time to time receive from the commander in chief of the state, and obey all orders from him relative to the duties of his office. He shall receive the annual returns from the brigade majors and division inspectors, from which he shall make out a general return of the whole strength of the militia of this state, which he shall lay before the commander in chief, on or before the tenth day of December in each year; a duplicate of which return he shall, without delay, forward to the secretary of war of the United States, He shall furnish blank printed forms of annual returns of divisions, brigades, regiments, battalions and companies, on or before the first day of April in each year, which, when made out, shall shew the strength, arms and accoutrements, as well as the number of men that have performed a tour or tours of duty, and the number subject to the next call to be made on the militia; and the public printer is hereby authorized and required to print the same, on application of the adjutant general. All letters or packages coming to, or sent by him, relative to the duties of his office, by mail, shall be paid for by the state, on the same being certified by the governor, that they relate to the duties of his office; which the gover, nor shall certify to the auditor of public accounts, for payment accordingly. And he shall perform such other duties as are enjoined on him by the laws of the United States, and of this state. He shall be entitled to a compensation for the duties enjoined

How to preoced dier fails to give

when the briga

notice of musters.

Adjutant gene. ral's duty, &c.

general; where to

his duties, &c.

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on him by the laws of this state and the United
States, of one hundred and fifty dollars per annum,
for which the auditor of public accounts is hereby
required to issue his warrant on the treasurer for
payment accordingly : Provided, however, that he
shall produce the governor's certificate that the du-
ties of his office shall have been faithfully perform-
ed. Provided, however, that when a detachment is
ordered to march, he shall furnish the necessary
blank muster rolls, morning, weekly and monthly
reports, and shall keep a roster of the general and
field officers, to enable the governor to make a
detail therefrom; and the secretary of state is
hereby directed to furnish a list of the several ap-
pointments of officers in his office, to the adjutant
general...

SEC. 15. The quartermaster general shall keep Quartermaster his office in the státe house, or such other house as keep his office may be provided by law. He shall keep a fair record of all orders and communications which he shall from time to time receive from the commander in chief of the state, and obey all orders from him relative to the duties of his office. He shall collect and keep safely all arms and military stores, belonging to the state, which shall be subject to the orders of the governor: and he shall issue blank printed forms of estimates annually, on or before the first day of April, to the division, brigade and regimental quarmasters; which estimates, when made out, shall shew the quantum of arms, camp equipage, &c. ; which estimates shall be made out from the annual returns, which shall be furnished the several staff officers, whose duty it is to make out the returns, on the application of any quartermaster, after the times for making their annual returns. And in case of a detachment being ordered to march, he shall furnish such blank printed forms as may be neces sary in the quartermaster's department; which blanks the public printer is hereby directed to print, on application of the quarter master general. All packages and letters sent to or from him, relative to the duties of his office, shall be paid for by the state, in the same manner as those sent to or from the adjutant general. He shall be entitled to, as a

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compensation for his services, one hundred and fifty dollars per annum, which shall be paid in the same manner as is provided for in the payment to the adjutant general; and the secretary of state is hereby directed to furnish the quartermaster general with a list of officers in his office, to enable him to direct the blanks to the several officers entitled thereto.

SEC. 16. Aids-de-camp shall carry and execute the orders of their generals: division inspectors shall execute the orders of their generals, and adjutant general division quartermasters, the orders of their general, and quartermaster general: brigade quartermasters, the orders of their generals and division quartermasters: regimental quartermasters, the orders of their commandants of regiments, and quartermasters of brigades: adjutants and serjeant majors, shall carry and execute the orders of field officers.

Staf officers

their duty.

SEC. 17. It shall be the duty of brigade majors to attend the several battalion and regimental mus- Brigade majors ters; to superintend and correct the exercise, if necessary; to receive from the adjutants or commandants of regiments, the annual returns of the militia, and make out three fair brigade returns, agreeable to forms furnished by the adjutant general, and lay the same before the brigadier, on or before the tenth of September in each year, for his examination and signature, and transmit one copy to the office of the adjutant general, and one to the major general, on or before the 10th of October in each year. And when details are made on militia, he shall make out muster rolls, and transmit the same to the adjutant general's office, if directed; and shall perform such other duty as may be required by the laws of this state and of the United States.

COURTS MARTIAL.

SEC. 18. Judge advocates and provost martials shall be appointed to the several courts martial, by said courts, hereafter ordered. It shall be the duty of the judge advocates, to take and keep safely, a true statement of all proceedings, whether pleas, evidence or defence, made before a court martial: a fair copy of which, after being signed by the president, shall be delivered to the governor, or officer

Judge advocate and provost mar.

tial appointedand their duty.

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