id the same shall be recorded in the office for recording of eds in the proper county, a copy of which record, duly certi ed, shall in all cases be as valid and binding in law, as the iginal deputation would have been: And provided, That this et shall not be construed in any way to extend the term of the id deputies beyond the limit of the term for which the notaries ablic, appointing them, were respectively appointed. APPROVED-The sixteenth day of May, Anno Domini one thouand eight hundred and sixty-one. A. G. CURTIN. No. 683. AN ACT To authorize the Brigade Inspector of the Second Brigade, Seventh Division, Pennsylvania Militia, to appoint a Deputy. SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the brigade inspector of the second brigade, seventh division of the Pennsylvania militia, be and he is hereby authorized and empowered to appoint a deputy, who shall discharge all the duties of said office in the absence of the said brigade inspector, in the service of his country. ELISHA W. DAVIS, Speaker of the House of Representatives. APPROVED-The sixteenth day of May, Anno Domini one thou sand eight hundred and sixty-one. A. G. CURTIN. No. 684. AN ACT Providing for the Pay of Volunteers. SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assemth met, and it is hereby enacted by the authority of the same, The the provisions of the act of the second of April, A. D. one ther sand eight hundred and twenty-two, entitled "An Act for the regulation of the militia of this commonwealth,” relative to the pay, rations and forage of the officers, non-commissioned officers and privates of the volunteers of this state, called into the service of the United States, shall apply to the volunteers called, and to be called, into the service of the United States, during the present war of rebellion of certain states of this Union. ELISHA W. DAVIS, Speaker of the House of Representatives. LOUIS W. HALL, Speaker of the Senate. APPROVED-The sixteenth day of May, Anno Domini one thousand eight hundred and sixty-one. A. G. CURTIN. No. 685. AN ACT Relating to certain Claims for the Subsistence of Volunteers. SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the commissary general and the auditor general be and they are hereby authorized and required to examine all claims for subsistence heretofore furnished to troops accepted by the gov ernor, before such troops were admitted into camp; and if they shall find said claims to be correct, and to have been contracted upon the order of the general officer in command where the same was contracted, and that they are certified by the captain, the auditor general shall draw his warrant upon the treasurer for the amount found to be due, whose duty it shall be to pay the same out of any money remaining in the treasury not otherwise appropriated. ELISHA W. DAVIS, Speaker of the House of Representatives. LOUIS W. HALL, Speaker of the Senate. APPROVED-The sixteenth day of May, Anno Domini one thousand eight hundred and sixty-one. A. G. CURTIN. No. 686. AN ACT Relative to the Expenses incurred in Boarding and Lodging Volunteers mustered into service from the county of Bradford. SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the associate judges of the court of common pleas and county commissioners of Bradford county, may and they are hereby authorized, if they shall deem it right and proper, to adjust and pay, upon proper vouchers, the actual expenses incurred in mustering, boarding and lodging the first companies mustered into service in said Bradford county, under the requisition of the governor. All such vouchers and payments to be audited according to law. ELISHA W. DAVIS, Speaker of the House of Representatives. LOUIS W. HALL, Speaker of the Senate. APPROVED-The sixteenth day of May, Anno Domini one thou sand eight hundred and sixty-one. A. G. CURTIN. No. 687. AN ACT Relating to the Home Guard of the city of Philadelphia. SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Councils empow- the councils of Philadelphia, for the defence of said city and ered to organize the protection of life and property therein, are hereby empowered to create and organize a Home Guard, which shall consist of such companies and regiments of volunteer soldiers as are now or may be organized for the defence of the said city: Provided, The same shall not exceed ten thousand men. a Home Guard. Proviso. Mayor to appoint brigadier general to serve until election. Time of election. When brigadier general to enter upon his duties. Term. Officers and members of Home Guard. SECTION 2. That the mayor of Philadelphia, by and with the advice of the select council, shall appoint an officer, with the rank of brigadier general in the volunteer militia of this commonwealth, who shall be commissioned as such by the governor, and shall cominand the Home Guard organized in pursuance to the provisions of this act, and who shall hold and execute the duties of said office until his successor elected, as hereinafter determined, shall be qualified to perform the duties thereof. SECTION 3. That on the second Monday of September, one thousand eight hundred and sixty-one, an election shall be held by the Home Guard according to the mode established for elections for the office of brigadier general by the general militia laws of this commonwealth, and the person so elected, when confirmed by the select council and commissioned by the gov ernor, shall enter upon the duties of the office of commander of the Home Guard, on or after the second Monday of October, one thousand eight hundred and sixty-one, and shall hold and execute the duties of said office for the term of five years from the said second Monday of October, one thousand eight hundred and sixty-one, if the said Home Guard shall so long continue to exist. If the said Home Guard shall exist for a longer term than five years, elections for the commander of said Home Guard shall be held every five years after the first election shall be held, or oftener, if vacancies shall occur. SECTION 4. That the Home Guard hereby established, shall be a part of the militia of this commonwealth, and shall be composed of white male residents of the city of Philadelphia, above the age of eighteen years, who shall enroll themselves for the performance of military duty in the defence of the said city, and the officers thereof shall be elected or appointed as provided for by officers of like grade in the general militia laws of this commonwealth, and shall be commissioned by the governor; and the commander, officers and the members thereof, shall be liable to be tried for misconduct, by court martial, as is provided for by the militia laws of this state. SECTION 5. That the commander of the Home Guard shall Duty of commancommand the same, and shall promote the efficiency and dis- der. cipline thereof by proper regulation, which shall be subject to the approval of the councils of Philadelphia, and when required Subject to. by the mayor of said city, he shall order out the whole or any part of the said guard for the preservation of the public peace and the defence of the city, and during the existence of the said guard shall determine the style of the uniform: Provided, Uniformity of color shall be preserved in each regiment respec- Style of uniform. tively, the equipment and arming thereof, and the division of the same into corps, infantry, cavalry, artillery or otherwise. SECTION 6. That every member of the Home Guard shall, on Members to be being enrolled, be duly sworn or affirmed to support the con- sworn. stitution of the United States and of the state of Pennsylvania, to defend the city of Philadelphia when called upon so to do, and to obey the orders of his superior officers, so long as he shall be a member thereof; but nothing in this act shall be construed to exempt any of the members of the Home Guard between the ages of eighteen and forty-five, from military service, either under the laws of this commonwealth or of the United States; and that the said Home Guard, or any portion thereof, To be subject to shall be subject to the requisition of the state or general gov state or general the requisition of ernment for service at any time: Provided, That nothing in government. this act shall be so construed as to require the state to furnish, Proviso. equip or pay said Home Guard, except when called into the service of the state by the governor. ELISHA W. DAVIS, Speaker of the House of Representatives. LOUIS W. HALL, Speaker of the Senate. APPROVED-The sixteenth day of May, Anno Domini one thousand eight hundred and sixty-one. A. G. CURTIN. No. 688. AN ACT Supplementary to an act incorporating the town of West Chester, in the county of Chester, into a borough. SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That in case of any vacancy existing, or which may hereafter occur, in the town council of said borough of West Chester, by the death, resignation or otherwise of either of the burgesses or assistant burgesses, the remaining members of said town council |