appear such private is unable to purchase arms, without injuring his family, which fact shall be ascertained by the court of assessment. Aid-de-Camp.-On every aid-de-camp, for failing Fines-Aids de to uniform and equip himself according to law, fif- camp. teen dollars; for any neglect of duty enjoined, by law, for each offence fifteen dollars. and brigade staff. Division and Brigade Staff-On division inspec- Fines-Division tors and quarter masters, brigade inspectors and quartermasters, for failing to uniform and equip according to law, fifteen dollars; for any neglect of duty enjoined by law, fifteen dollars. Adjutant.--On every adjutant, for failing to uniform and equip himself according to law, five dollars; for any neglect of duty enjoined by law, for each offence five dollars. Paymaster. On every paymaster, for failing to uniform and equip himself according to law, five dollars; for failing to enter into bond for the faithful discharge of the duties of his office, agreeably to the provisions of this act, within six months from the passage thereof, any sum not exceeding fifty dollars; for failing to settle with the sheriff or field officers annually, in the months herein directed, for each and every neglect, any sum not more than one hundred dollars nor less than fifty dollars; for each and every neglect of duty not herein otherwise provided for, five dollars. Adjutants: Paymasters. Surgeons and Surgeon and Mate.-For any neglect of duty enjoined by law, for each offence, five dollars; for fail- Mates: ing to attend court martial for the examination of invalids, five dollars. Quartermaster.-On every quartermaster, for failing to uniform and equip himself according to Quartermaster. law, five dollars; for any nelect of duty enjoined by law, for each offence five dollars. Sergeant Major.-On every sergeant major, for Sergeant majors. any neglect of duty enjoined by law, for each offence five dollars. Judge Advocate.-On every judge advocate, for any neglect of duty enjoined by law, not herein Judge-advocates. otherwise provided for, for each offence five dol lars. SEC. 81. There shall be courts martial or courts of Courts mar quiry, for inabili tomarch. sial, and of en of enquiry ordered, whenever necessary, to hear ty and failing complaints of inability, and for the trial of all officers non-commissioned officers, musicians and privates, who fail or refuse to march when ordered into the service of this state or United States. Commandants of companies, when mustered into the service of this state or United States, and finding any part of his command to have failed complying with the orders he or they may have received, he shall report the same to the commandant of the regiment from whence the detail was made, (and if a commissioned officer, to his superior) whereupon a court shall be ordered for the trial of such person, notice being first given in writing, and left at the house of such person, or place of his residence at the time he was detailed for service, with some person of reasonable age, in case the person may be absent; and upon proof being made to the court of such notice being given, the court may proceed to the trial, in the same manner as if the person appeared and plead not guilty. And if a commissioned officer, the court shall cashier, and fine him to the amount of three months pay of such officer, unless a reasonable excuse be given for such failure.. And any non-commissioned officer, musician or private, faling or refusing to march, when ordered into the service of this state, without a reasonable excuse, shall be fined in any sum not exceeding sixty dollars, and imprisoned not exceeding one month; and the commandant of the regiment ordering such court, may order any commissioned officer of the militia, with a sufficient guard, to arrest said offender and commit him to any jail in the state; and the jailor shall receive and confine him during the time for which he may be adjudged to be imprisoned by the court; whose jail fees shall be paid as in other cases. And if any non-commissioned officer, musician or private, shall fail or refuse to march into the service of the United States, when ordered, without a reasonable excuse, shall be punished by a court martial, agreeable to the act of congress passed the 18th day of April, 1814. And if any person shall absent himself from the service, it shall be of Descrters. the duty of every officer, knowing such person to be a deserter, to apprehend and deliver him over to any officer of any subsequent detachment ordered into the service of the United States, where he shall be detained in service, until he shall complete the tour or time for which he was originally detailed; or any person may apprehend such deserter and deliver him to any of the aforersaid officers, and take his receipt for such deserter; which receipt shall entitle the person to a credit for the length of time such person was detailed to serve; which receipt shall be assignable, if granted, to any person not bound to do militia duty. No. and detail oned officers. Detail of Field SEC. 82. Be it further enacted, That the noncommissioned officers of any company of militia of of non-commissithis state, shall not exceed more in number than one ninth of the privates, and as near as may be in that proportion: Provided, that not more than eight non-commissioned officers shall belong to any one company; and detailed for service in the same proportion. It shall be the duty of the governor, when requisitions are made on the militia of this state, by Officers. the president of the United States, to detail the general and field officers from among such officers in commission, as the interest of the service may require: Provided also, the governor shall have power to appoint some fit person as commander in chief of the detachment, without confining himself to the officers in commission; and in making such appointments he shall be governed by the constitution of this state, and the constitution and laws of the United States. Commander in Chief. SEC. 83. Be it further enacted, That hereafter of detail of staf when any major general, brigadier general, or lieu- oficers. tenant colonel commandant, shall be detailed from the militia of this state, for the service of the United States, it shall be the duty of the major general, brigadier general or lieutenant-colonel thus detailed, to select their staff respectively from the line of staff officers in commission within the bounds where the detail is made; any of which staff officers failing or refusing to march when so ordered, shall be fined and suffer such other penalties as is provided for by this act. Any deficiency which may happen from the failure of any of the staff oficers as aforesaid S Cours of duty. Governor's power in detailing volunteer corps, & regulations res pecting them. Respecting withdrawal. to march, shall be made up from the line of staff officers of like grade. SEC. 84. Persons who have served tours of duty in the service of the United States, as officers, and having no office at home, or having held offices in the militia when such service was rendered, have since resigned their office and returned to the ranks, shall be entitled, as privates, to as many tours of duty as they have served as officers, and credit shall be entered therefor accordingly. SEC. 85. Be it further enacted, That in all cases of calls on the militia, for the service of this state or of the United States, either by drafts or volunteers, the governor shall, and he is hereby authorized to order into the service, the whole or any part of the volunteer corps of this state, whether grenadiers, light infantry, cavalry, riflemen or artillery, by corps or companies, en masse, as such, if such troops are required; but if not, they shall be detailed to serve as infantry of the line: Provided, that when drafts are called on for the service of the United States, any of the volunteer corps may be attached to any regiment, brigade or division, in such manner as the governor may direct in his general order of detail; but if such company shall not have a sufficiency liable for duty, to complete the number required by the act of congress, then to attach the next or another light company, liable for duty, to complete such company detailed, with a proportion of officers from each, as near as may be ; and the number of officers, non-commissioned officers, musicians and privates, detailed by companies from the light corps, shall go as a credit to the regiment, brigade or division from which they were made, and the balance of the requisition shall be made. out of the infantry of the line and when the call shall be for either volunteers or drafts, and any light company or corps shall fail or refuse to march when ordered as aforesaid, every officer, non-commissioned officer and private, shall suffer all the pains and penalties as shall or could be inflicted for like failure on the infantry of the line: Provided also, that any person who now is enrolled in any volunteer corps, may, if he thinks proper, withdraw his name Certificate of enrollment. from the company roll, by making application to the Dissolution of Volunteer compa Officers whose been dissolved. SEC. 86. Be it further enacted, That all officers who may hold commissions in any company, either companies have as a light company or company of the line, that may be reduced below the number required by this act, the commissions of such officers shall cease and be of no effect, from and after such company is so reduced: Provided, however, that where general officers appoint their aids, other than those holding prior commissions, shall be bound to do duty in the same manner as those officers who were attached to companies that may be dissolved. Adjutant-Of the panies. SEC. 87. Within six months after the passage of Buty of Col. & this act, the field officers of each regiment shall fur- battlions&con • nish the adjutant with a copy of the bounds of each battalion and companies, who shall keep a record thereof; and also of all other modifications or boundaries of new companies thereafter made. Community of property Fines SEC. 88. Be it further enacted, That where any man belonging to any society who hold a community of property, shall be fined by virtue of this act, how collected. and refuseth and is not able to pay said fine, it shall be the duty of the sheriff or other proper officer to call on the agent or superintender of the common stock or firm of said society or compact, for said fine or fines; and in case said agent shall refuse to pay the same, or be absent, it shall be the duty of the sheriff or officer aforesaid to execute and sell so much property belonging to said stock, as shall be sufficient to satisfy said fine or fines, and costs. Of Cavalry and SEC. 89. And be it further enacted, That the brigadier generals shall have power at all times to at- Artillery. |