SECTION SECTION 18. Commission lost, to be supplied. 20. Officers, other than of chartered com panies, how to be notified of appointment, and give notice of acceptance. 21. Oath of commission officer, what, and how taken and certified. SECTION 1. The adjutant-general, quartermaster-general, commissary-general, paymaster-general, surgeon-general and judge advocate-general shall be elected by the general assembly in grand committee. SEC. 2. The major-general shall be elected by the general assembly in grand committee, on the nomination of the brigadier-generals or other officers commanding brigades. SEC. 3. The brigadier-generals of brigades shall be elected by the general assembly in grand committee, on the nomination of the officers of the line of the brigades of such general. SEC. 4. If at any time any chartered company not attached to the line, shall accept the provisions of this title, which acceptance shall be irrevocable, and notify the adjutant-general thereof, such company shall thenceforth be attached to the line; and the commission of the brigadier-general of the brigade in which such company is located shall be immediately declared vacant, and a new election shall be had upon the nomination of the proper officers, as herein provided. SEC. 5. The officers, except aids, composing the staffs of the major-general and brigadier-generals, commanding brigades, shall be appointed by the commander-in-chief, on the nomination of the generals respectively. SEC. 6. If any person shall be nominated for any military office, and such nomination be an improper one, or the commander-inchief shall disapprove the same, or if no nomination shall be made, the general assembly may elect or the governor appoint, as the case may be, some suitable person to such office. SEC. 7. Immediately after the election of commission officers by a company, the superior officer of the company for the time being shall make return of the persons chosen to the places of officers of the line, to the governor and senate, or to the brigadier-general of their brigade, and to the governor, for their approval; and if they or any of them are disapproved, said officer shall call said company together as soon as conveniently may be, and a new election shall be had for such officer or officers as shall be disapproved: Provided, that nothing in this section contained shall be construed to impair rights expressly vested by any military charter. SEC. 8. Such officers, when approved, shall be commissioned and engaged as other militia officers. SEC. 9. Whenever any chartered company is filled up, by drafts or otherwise, to a regiment, it shall consist of eight companies of sixty men each, and the commander-in-chief shall have power to appoint a sufficient number of commissioned officers therefor, from such chartered companies. SEC. 10. All officers of and above the rank of lieutenant shall receive commissions, which shall be signed by the commander-inchief, and countersigned by the secretary of state, and shall be for the term of five years, and until others are elected or appointed and qualified to act in their places, except as is hereinafter provided. SEC. 11. All non-commissioned officers shall receive a warrant from the commandant of the chartered company to which they belong, and the non-commissioned officers of companies composing a regiment or battalion shall receive a warrant from the commanding officer of such regiment or battalion. SEC. 12. The aids of the governor shall hold their commissions only for the term of office of the governor by whom they were appointed. The aids of the major-general and of the brigadiergenerals of the line shall hold their commissions only for the term of office of the generals by whom they were appointed. SEC. 13. The other officers of the staff of the respective brigadier-generals commanding brigades, shall hold their office for the term of office of the general by whom they were nominated, and until their successors are appointed and qualified to act. SEC. 14. The officers of the volunteer companies attached to chartered companies at any brigade training, shall hold their offices for a period of not more than six months during the pleasure of the governor; but such officers shall not, by reason of having held such commissions, be able to claim any exemption from military duty, or from future drafts upon the militia. SEC. 15. The officers of chartered companies shall hold their offices as by their charter provided. SEC. 16. All commissioned officers of the same grade shall take rank according to the respective dates of their commissions; and when two or more of the same grade bear an equal date, their rank shall be determined by lot, to be drawn by them before the commanding officer of the division, brigade, chartered company or detachment, or the president of a court-martial, as the case may be. SEC. 17. The day of election or appointment of any officer shall be set forth in, and be the date of his commission; and whenever he shall be transferred to another corps or station of the same grade, the date of his original commission or appointment of the same grade, shall be the date of his commission, regard being had to continuous service in such grade. SEC. 18. Whenever any officer shall lose his commission, he shall be entitled to a duplicate commission of the same grade and date, on his affidavit made before a justice of any court in this state, on application to the commander-in-chief. SEC. 19. All commissions shall be delivered to the adjutant-general, and by him to the persons for whom they are intended. SEC. 20. Upon the appointment of any officer other than officers of chartered companies, notice in writing, by mail, shall be given to the person so appointed, by the adjutant-general, or in such manner as the appointing power may direct, and such person so appointed shall, within twenty days thereafter, accept such ap pointment, and communicate the same to the adjutant-general, or shall be considered as having declined. SEC. 21. Each commissioned officer, before he shall enter on the discharge of the duties of his office, shall take and subscribe the following oath and declarations, before some justice of the peace, or other magistrate, or town clerk, and on the back of each commission the following form of the oath shall be printed, to wit: “I, do solemnly swear, (or affirm,) that I will bear true faith and allegiance to the state of Rhode Island and Providence Plantations; that I will support the constitution and laws thereof, and the constitution and laws of the United States; and that I will faithfully and impartially discharge all the duties incumbent on me as to the best of my abilities and understanding, according to the laws of this state, and of the United States; so help me God." (Or, "this I promise on the pains and penalties of perjury.") On the back of each commission the following form of certificate shall be printed, and signed by the person before whom such officer shall be qualified, to wit: "This may certify that commissioned within named, appeared before me this A. D. day of and took and subscribed the oath and declarations prescribed by the laws of this state, before me." (Signed, &c.) CHAPTER 235. OF ARMS, EQUIPMENTS, MILITARY BOOKS AND PROPERTY. members in different towns, where 15. Exemption of uniform, arms, SECTION 1. No person shall be deemed to be equipped for military duty within the meaning of the constitution or of this title, unless, if a non-commissioned officer or private of a cavalry corps, whether chartered or volunteer, he shall be provided with a serviceable horse, at least fourteen hands and a half high, with a good saddle, bridle and crupper, holsters, boots and spurs, sabre, belt and pistols; if a non-commissioned officer or private of an artillery or infantry corps, whether chartered or volunteer, with a good musket, carrying eighteen balls to the pound, with cartridge-box, capable of containing at least twenty-four cartridges, suited to the bore of his musket, bayonet sheath, priming wire and brush, or instead thereof with a good rifle, knapsack, shot-pouch, and powder-horn or flask, or in case of a non-commissioned officer or private of an artillery corps, whether chartered or volunteer, with a good sword and belt. SEC. 2. The uniform of his corps shall form a necessary part of the equipment of every commissioned or non-commissioned officer or private of a chartered company or regiment, and the uniform and arms prescribed by the governor, of the equipment of every commissioned officer of a volunteer corps, and of every commissioned officer of the line and staff. SEC. 3. Each chartered company of light infantry, grenadiers and riflemen, raised at large, shall be furnished with muskets or rifles, and every such company of cavalry, with sabres, belts and pistols, and every such company of artillery with muskets if applied for, and with swords and belts, on application to the quartermaster-general, and on delivering to him a sufficient bond, signed by the officers of such company, for the safe-keeping and return of the same when required by the commander-in-chief, and producing to him satisfactory evidence that a suitable armory or place of deposit for such muskets or rifles has been provided in the town or city within which said company is situated; which arms so furnished shall be carefully kept for the use of such company for military purposes only. SEC. 4. The commander-in-chief may, from time to time, require any officer to examine the armory or place of deposit provided as aforesaid, and report to him the condition thereof, and of the arms therein deposited. SEC. 5. Whenever any arms are furnished as aforesaid, to any company formed from different towns, the same shall be deposited in the town within which the greatest number of said company may vote to establish their armory or place of deposit. SEC. 6. Each company of artillery shall be provided by the quartermaster-general, or officer acting as such, with two good brass field pieces, of such calibre as the commander-in-chief shall direct, with carriages and apparatus complete; with an ammunition cart, forty round shot, forty rounds of canister shot, tumbrils, harness, implements, laboratory and ordnance stores, which may, from time to time, be necessary for their complete equipment for the field; and a quantity of powder, annually, not exceeding one hundred pounds, to be expended on days of inspection and review, and in experimental gunnery; and the commanding officer of each company shall be accountable for the preservation of the pieces, apparatus and ammunition aforesaid, and for the proper expenditure of the ammunition. SEC. 7. Each mounted officer shall be furnished with such arms and horse equipments as are suitable to his rank, on application to the quartermaster-general, and on delivering to him a sufficient bond, signed by the officer receiving the same, for the safe-keeping and return of the same when required by the commander-in-chief. SEC. 8. The quartermaster-general shall be required, on such application, to issue only such arms and horse equipments as may be in his possession belonging to the state: Provided, that with the approval of the commander-in-chief, he may purchase such arms and horse equipments as he may be called on to furnish, and the paymaster-general shall, upon the order of the commander-inchief, pay the sums necessary there for. SEC. 9. All books of tactics deposited with the state by the government of the United States, all books purchased by this state for the use of the militia of the state, and all other military books belonging to the state, shall be under the charge and control of the adjutant-general. SEC. 10. The adjutant-general shall issue one copy of all books of tactics to each general and staff-officer, except officers of companies; one copy to each company of such book of tactics as may be suitable to the arm of service to which such company belongs, or to the arm with which such company is furnished; and one copy of all other books which may be furnished by the state, and all necessary blanks to each commissioned officer. SEC. 11. Such books and blanks shall be receipted for by each officer receiving the same, to be held and accounted for by him as public property; and no resignation shall be accepted until such books and all other public property delivered to such officer shall be delivered to his successor, or to the adjutant or quartermastergeneral, or satisfactorily accounted for, and double the value of such books or other property may be recovered of any such officer, his executors or administrators, in an action of the case, in any court of this state competent to try the same, at the suit of the adjutant-general. SEC. 12. In case of new levies in time of war or insurrection, the commander-in-chief shall arm, equip and furnish them out of the state's arsenal. SEC. 13. Every chartered company shall have an appropriate uniform. SEC. 14. Every general officer of the line, and every officer of the staff, other than the staff-officers of chartered companies, shall provide himself within sixty days after he shall have been notified of his appointment, with a good sword and belt and a uniform complete, which shall be such as the commander-in-chief shall approve; and in case of neglect to comply with the provisions of this section by any officer, such office is hereby declared vacant. SEC. 15. Every officer, non-commissioned officer, and private, shall hold his uniform, arms, ammunition and equipments free from all suits, distresses, execution or sales for debts or taxes, and the arms, equipments, uniforms and other military property belonging to any chartered company, and which may be necessary for the |