Fees to be For every certificate of the qualification of a voter 10 $1.00 50 50 20 10 10 50 For allowing a discharge of a mortgage on the record For drawing decree of probate of will or codicil For drawing decree of acceptance or allowance of an inventory, commissioner's report, account, or guardian's list of For receiving and filing every certificate of death For every summons for witnesses 25 25 2.00 10 50 10 SEC. 32. There shall be taxed and allowed to the state in the bill taxed for state of costs against every person, in a criminal cause pending in the supreme court or the courts of common pleas, to which it shall be the duty of the attorney-general to attend: in certain criminal cases. Fees of secretary of state. For every indictment drawn which shall be found by the grand jury For the argument of other indictment or complaint in which issue is joined in law or in fact SEC. 33. To the secretary of state there shall be allowed, for the use of the state, and to be accounted for by him to the state: For every private petition to the general assembly received in either house which shall be continued with order of notice, to be paid by the applicant on continuance of the same. For making a certificate and affixing seal of the state where the state is not a party, to be retained by him to his own $1.50 use TITLE XXXIV. OF THE MILITIA. 100 CHAPTER 247. Of the enrolled militia. CHAPTER 248. Of the active militia. CHAPTER 249. Of the organization of the militia, and how officered. CHAPTER 251. Of arms, equipments, armories, and military property. CHAPTER 253. Of rolls and returns. CHAPTER 254. Of drafts and calling the militia into service. CHAPTER 255. Of exemptions by bodily infirmity, and of discharges. CHAPTER 256. Of pay. CHAPTER 257. Of fines and penalties. CHAPTER 258. Of courts-martial. CHAPTER 259. Of boards of officers and courts of inquiry. SECTION 1. Every town council shall annually cause to be enrolled all persons living in their respective limits between the ages of eighteen and forty-five, liable to be enrolled by the laws of the United States, arranged alphabetically, and shall, on or before the first Monday of October of each year, place the same in the hands of the clerk of their town, who shall record the same in a book to be kept by him for that purpose. SEC. 2. Every town council or town clerk who shall neglect or refuse to perform any of the duties imposed upon them respectively, by the preceding section, shall be fined fifty dollars. SEC. 3. A copy of the annual return of the militia so enrolled shall be certified and transmitted by such clerk, on or before the fifteenth day of November in each year, certified by him to the adjutant-general, who shall record the same in a book to be kept by him for that purpose. SEC. 4. The following persons shall be exempted from military duty in this state: Who to be enrolled, and rolls how to be recorded. Penalty for neglect, &c. Copy of return to be transmitted to adjutantgeneral, &c. Persons ex empt from mili Those exempted by the laws of the United States, to wit: the tary duty. vice-president of the United States; the officers, judicial and executive, of the government of the United States; the members of both houses of congress and their respective officers; all custom-house officers, with their clerks; all post officers and stage drivers, who are employed in the care and conveyance of the mail of the post-office of the United States; all ferry-men employed at any ferry on the post-road; all pilots and all mariners actually employed in the seaservice of any citizen or merchant within the United States; and in addition, all persons who have holden the office of governor or lieutenant-governor; all persons who, after the last day of February, A. D. 1796, shall have holden in this or any other of the United States, or in the service of the United States, any military commission or commissions, or staff-office, with the rank of an officer of the line for the space of five years successively, and who shall have been engaged thereon according to law, and been honorably discharged: Persons tempo and all persons who shall have holden in this state any such military commission or commissions, or staff-office aforesaid, for a term less than five years, and who have been superseded without their consent. SEC. 5. Persons of the following description, as long as they shall rarily exempt. remain of said description, shall be exempted from the performance of military duty, to wit: the justices and clerks of the supreme court, the justices and clerks of the court of common pleas, the secretary of state, the attorney-general, the general treasurer, the state auditor, the sheriff and his deputies of each county, one ferry-man at each stated ferry who usually navigates the boat, the keepers of lighthouses within this state, all settled or ordained ministers of the gospel, all licensed preachers, the president, professors, tutors, and steward of Brown University, the members of the town councils of the several towns, the mayor and aldermen of any city, town and city treasurers, town and city clerks, practising physicians, practising surgeons-not including the pupils of either preceptors and ushers of academies and schools, and members of fire companies who are a part of the fire department of the town or city in which they reside, not exceeding twenty men to any company, unless otherwise provided by special enactment; all persons belonging to the Society of Friends, and the inhabitants of the towns of New Shoreham and Jamestown, and of the island of Prudence, the island of Patience, and Hog Island, and such others as shall make oath or affirmation that they are conscientiously scrupulous against bearing arms, which fact shall appear by certificate of the magistrate before whom such oath or affirmation was given. Duty of disclosing to as sessors names of persons liable to do mili tary duty. Who to be disenrolled. SEC. 6. Every keeper of a tavern or boarding-house, and every head of a family or dwelling-house, shall, upon application of the assessors of taxes of the town or city within which such tavern or house is situated, or on application of any person acting under the direction and authority of such assessors, give information of the names of all persons residing in such tayern or house liable to enrollment, or to do military duty. SEC. 7. If any non-commissioned officer or private shall become a pauper, vagabond, or common drunkard, or be convicted of any infamous crime, he shall be forthwith disenrolled from the militia. What shall consist of. SECTION 1. The active militia shall consist and be composed of the officers, non-commissioned officers, privates, and musicians of the seyeral chartered military companies of this state; of such other volunteer military companies, composed of enrolled persons, as shall have been organized according to law; of the officers commissioned pursuant to the provisions of this title; the members of military bands, chartered and attached to any company, regiment, or brigade; and such drivers of artillery as may be enlisted into any artillery com pany. Chartered companies, number of, and how SEC. 2. The chartered companies may admit members to the number of five hundred, anything in the charters of said companies to the contrary notwithstanding; they shall be drilled and disciplined as battalions as well as companies, and shall be the peace establish- disciplined. ment of the state, and nurseries of officers. SEC. 3. The active militia shall, in all cases, first be ordered into service, in case of war or invasion, or to prevent invasion or suppress insurrection, riot, or tumult, or to aid civil officers in the execution of the laws of the state. SEC. 4. No military company shall be created without the express permission of the general assembly. SEC. 5. Whenever any volunteer militia company shall have less than forty men, the commander-in-chief may disband it and take possession of the arms, equipments, and other property furnished it by the state. SEC. 6. Whenever any corps of the active militia shall be destitute of commissioned officers, or shall be reduced, if a chartered military company, to a less number than thirty active members, the major-general shall order an examination to be made into the state of the company, and shall report thereon to the governor, who shall cause the commanding officer of such company to be notified thereof, and if such company shall not, after such notice, fill its ranks to at least forty men, and make return of an election of officers within three months after such report to the governor, then such company shall be disbanded by the governor, unless such company has given other privileges secured by charter. drilled and Active militia, vice of. liability to ser Military companies, how formed. Companies of volunteer militia, how dis banded. Companies of active militia, how disbanded. CHAPTER 249. OF THE ORGANIZATION OF THE MILITIA, AND HOW OF SECTION 21. Officer absent, &c., who to suc- 22. Companies attached, without offi- 23. Organization of regiments, bat SECTION talions, and companies, other than chartered companies. 24. Power to detail officer to drill companies without officers. SECTION 1. The chartered companies attached to the line, and the enrolled militia in this state, shall be arranged in one division, consisting of three brigades. Persons belonging to either of these classes in the counties of Newport and Bristol shall constitute the first brigade; those in the county of Providence, the second brigade; those in the counties of Washington and Kent, the third brigade. SEC. 2. The officers and non-commissioned officers of the militia shall be as follows, to wit: the governor for the time being shall be captain-general and commander-in-chief; and he shall command, except when the militia shall be called into the service of the United States; and he shall be entitled to appoint his own aids, with the rank of colonel. SEC. 3. There shall be an adjutant-general, who shall have the rank of brigadier-general. He shall perform the duties of inspector-general, and shall be the chief of the staff department, and all orders to and returns and reports from the other officers of the staff department shall be made through and to him. SEC. 4. There shall be one quartermaster-general, with the rank of brigadier-general, who shall have the care and custody of all arms, equipments, and military property belonging to the state. SEC. 5. There shall be one paymaster-general, with the rank of colonel. SEC. 6. There shall be one commissary-general, with the rank of colonel. SEC. 7. There shall be one surgeon-general, with the rank of colonel. SEC. 8. There shall be one judge advocate-general, with the rank of colonel. SEC. 9. The officers named in the six sections next preceding shall be attached to the staff of the commander-in-chief, and shall constitute the staff department of the state, and may each, with the approval of the commander-in-chief, appoint one or more assistants, who shall have the rank of captain. SEC. 10. There shall be one major-general, who shall command the division. He shall appoint his own aids, not exceeding two, who shall have the rank of major. The other officers of the staff of the major-general shall be one division inspector, who shall be adjutantgeneral of the division, and shall have the rank of colonel, and one quartermaster, with the rank of major. SEC. 11. There may also be, when the exigencies of the service require it, of which the commander-in-chief shall be the judge, one paymaster, one commissary, one surgeon, one judge-advocate, each with the rank of major. SEC. 12. There shall be to each brigade one brigadier-general, who shall command the brigade for which he is elected. He shall appoint one aid, with the rank of captain. The other officers of the staff of each brigadier-general shall be one brigade major and inspector, with the rank of major, who shall perform the duties of adjutant |