military purposes of their organization, shall be in like manner free and exempt. SEC. 16. If any officer of and above the rank of major, every officer of the general, division or brigade staff, any adjutant of company, or any member of a cavalry or artillery company, shall own a suitable cavalry horse, and shall use such horse at all the parades required by law, not less than three in each year, and shall cause him to be described and enrolled in a book to be kept for that purpose by the clerk of the town in which such officer or member resides, such horse, when so enrolled, shall be exempt from all suits, distresses, executions, taxes and sales for debts and taxes while such officer continues in commission, or while such member of a company continues a member of such company. SEC. 17. The paymaster-general and all other officers commissioned under this title, into whose hands shall be placed public moneys or other public property, to the amount of more than five hundred dollars, shall give bond for the faithful discharge of the duties of their respective offices, in such form and in such amount as may be required by the commander-in-chief; and such compensation shall be made to such officers for the care of such property, or the disbursement of such moneys, as a board of officers shall prescribe. 7. Power to abate gambling and drinking 14. Exemption of officers and privates booths within three miles of encamp- from arrest, when under orders. ment or training field. SECTION 1. The system of discipline and field exercise, from time to time ordered for the army of the United States, shall be the system of discipline and field exercise for the militia of this state. SEC. 2. Each commanding officer of a chartered company shall order out his company on some day in May, annually, at nine o'clock in the forenoon, for inspection and drill, and shall keep his company under orders at least until four o'clock, P. M., and longer if he deems it necessary; and he shall inspect, examine, and take an exact account of the equipments of his men, note all the delinquencies of appearance and deficiencies of equipments, and correct his roll, in order that a thorough inspection may be made of all the active militia in this state; and every commanding officer of a company shall faithfully train and discipline his company on said day, as well as inspect them. SEC. 3. The active militia of this state shall, in the month of September or October of each year, meet by brigade, for the purpose of training, disciplining and improving them in martial exercises; the places of brigade rendezvous shall be appointed by the brigadier-general, and the days of the brigade rendezvous by the major-general. SEC. 4. The trainings above mentioned are to be included in the number of trainings prescribed by the charters of the companies: Provided, that the major-general shall have power to divide any brigade, for the purpose of the brigade training, in such manner as, from their position, the convenience of the companies therein may from time to time require. SEC. 5. Each brigade, when in the field, shall take rank according to its number, beginning at the lowest number as highest in rank; and each company shall form according to the rank of the officers present commanding them, having due regard to the arm of the service to which said corps belong; and when such company is filled up by drafts or levies, according to the number of each regiment; and when distinct corps shall parade, join, or do duty together, the senior officer present shall command without regard to corps. SEC. 6. Every commanding officer, when on duty, is hereby authorized to ascertain and fix necessary bounds and limits to his parade, not including any road on which people travel, so as to obstruct the same or prevent their passing, for more than two consecutive hours, within which no person shall have a right to pass or enter, without leave from such commanding officer; and the commanding officer of any division, brigade, battalion, regiment or company may put under guard every person who shall encroach upon the parade ground, and also any spectator or bystander who shall abuse, molest or strike any one when on parade or under arms. SEC. 7. The mayor and aldermen of any city, the sheriff and deputy sheriffs of any county, the town sergeants and the constables of any town, or either of them, on complaint made to them under oath, that the complainant has reason to believe and does believe, that any booth, shed or temporary erection, situated within three miles of any military encampment or training field, is used and occupied for the sale of spirituous or fermented liquors, or for the purpose of gaming for money or other property, shall, if they consider the complaint well founded, order the owner or occupant thereof to vacate and close the same immediately; and if the owner or occupant shall refuse or neglect so to do, the said mayor or aldermen, the sheriff or deputy sheriffs, town sergeants or constables or either of them, shall forthwith abate such booth, shed, or other temporary erection, as a nuisance, and pull down or otherwise destroy the same, in any manner they may choose, or through the agency of any force, civil or military, which they may see fit to employ. SEC. 8. The brigadier-generals, brigade inspectors, and brigade quartermasters, shall attend the inspections and reviews of their respective brigades; shall inspect their arms, ammunition and equipments; superintend their exercises and evolutions, and introduce and enforce the system of discipline required by law and by the orders of the commander-in-chief. SEC. 9. No non-commissioned officer or private shall unnecessarily, or without orders from his superior officer, come on to any place of parade with his musket, rifle or pistol loaded with balls, slugs, shot or other dangerous substance, or shall so load the same while on parade. SEC. 10. No officer, non-commissioned officer or private, shall be compelled to do military duty on any day appointed for town, city or ward meetings, or for the election of any civil officer, in the town or city in which he shall reside, unless it be in the case of invasion, insurrection, riot or tumult threatened. SEC. 11. Nothing herein contained shall prevent any company from meeting at any time for drill, funeral or any other voluntary duty, nor to impair the corporate privileges of any chartered company, nor any lawful articles of agreement adopted by any company, so far as relates to those who have voluntarily signed the same, not inconsistent herewith. SEC. 12. All general orders shall be distributed by the adjutantgeneral; all division orders, by the division inspector; all brigade orders, by the brigade major; all orders of a chartered company, by the adjutant; and company orders, by any non-commissioned officer or private, when required by the commanding officer: Provided, that if either of these officers shall be sick, absent or unable to distribute such orders, or either of such offices shall be vacant, the orders may be distributed by any other officer detailed for that purpose by the officer issuing the orders. SEC. 13. The commander-in-chief shall have power to order out the whole, or any part of the militia, as may seem to him expedient, for review, the performance of escort, and other duties. SEC. 14. No officer, non-commissioned officer or private shall be arrested on any civil process on the day before or the day after or the day upon which, by his superior officer, he shall have been ordered to attend, for the election of any military officer, or the performance of any military duty. SECTION 1. A fair and correct roll of each company shall be kept by the adjutant, with the state of the arms and equipments belonging to each man; and said officer shall keep an orderly book of all orders received or issued, and all accounts of all fines, from whom received, and when and for what cause. SEC. 2. Each commanding officer of a company shall, on or before the fifteenth day of November in each and every year, make out a fair and correct roll of his company, containing the christian name and surname of all the men belonging thereto, or to any volunteer corps attached thereto, alphabetically arranged, and place opposite the name of each, the equipments and the quality of equipments of each, whether good or bad, and which of said men had done military duty within the year, for one or more days, and on what days, and at what trainings; and shall, on or before said fifteenth day of November, deliver the same to the brigade inspector of the brigade in whose limits said company is located. SEC. 3. The brigade inspectors shall make a report of the condition of their respective brigades to the division inspector, on or before the first day of December of each year, and the division inspector shall report to the adjutant-general the condition of the division, on or before the twentieth day of December in each year, and such reports shall state the number of men inspected, to what companies, regiments or brigades they belonged, and what was the kind, number and quality of their arms and equipments of every nature, designating what part is the property of the state, and what the property of each officer, soldier or company. SEC. 4. The adjutant-general shall make duplicate abstracts of the active militia, one to be delivered to the commander-in-chief, who shall present the same to the general assembly, and the other to be delivered, in the month of January, to the majorgeneral. SEC. 5. Each commanding officer of a company shall make re turn for pay, under oath, to the paymaster-general, on or before the first Monday of January in each year, of the names of all persons borne on the rolls of his company who shall have been duly equipped and performed military duty in the field, according to law, and of all horses used and employed in the militia for two or more days in the year preceding the return. The members of any volunteer company attached to his command shall not be included in such return. SEC. 6. Such returns shall specify the number of days' regular service performed, and when more than four days in such year shall have been rendered, the additional duty shall not appear on such return, unless it shall have been rendered by order of the governor. SEC. 7. Like returns for pay shall be made by the officers hereinafter authorized to make the same; and the words "with horse" shall be placed against the name of any officer, non-commissioned officer or musician, who shall have been required to be mounted, and mounted while performing duty on the days for which such return shall be made. SEC. 8. Such returns for pay shall be made for the governor and his aids, by the governor; for the major-general and his staff, by the major-general; for the brigadier-generals commanding brigades, and their staffs, by each brigadier-general; and for the band, by its president or treasurer. SEC. 9. The commanding officer of each company will include in his return the number of musicians by him employed, not exceeding two to each company, who shall have performed service with such company, one or more days, not exceeding four, except for special service ordered by the governor. The commanding officer of every artillery company will state in his return, the number of horses necessarily used by him for the draft pieces, caissons or baggage wagons for which he is entitled to draw pay. The president or treasurer of the band will not return more than sixteen musicians for pay, for services performed upon any one day. SEC. 10. The adjutant-general shall furnish blank forms of rolls, and of the various returns that may be required, at the expense of the state; and explain the principles on which they are to be made out; and the roll shall be kept as prescribed. CHAPTER 238. OF DRAFTS, AND CALLING THE MILITIA INTO SERVICE. SECTION 1. Order for draft or levy in time of war, &c., by whom, and how, to be made and directed. SECTION 2. By whom, and how, to be executed. |