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1862. § 1. Two or more regiments, as the Governor may order,
Formation of shall constitute a brigade, and shall be formed and organ- brigades. ized in the same manner as battalions are formed, and shall, in the same manner, elect a brigadier general to command said brigade, who shall be commissioned as such.
$2. A brigadier general shall appoint the following Staff. staff: one aid, one assistant brigade adjutant, one assistant brigade quartermaster, one assistant brigade commissary, one assistant brigade surgeon, with the rank of major, who shall be commissioned accordingly. $ 3. Two or mor
ore brigades, as the Governor may order, Division. shall constitute a division, and shall be formed and organized in the same manner as before required in the formation of battalions, regiments, &c.; and said division shall elect a major general to command said division, who shall be commissioned as such.
Ø 4. A major general shall appoint the following staff: Staff. two aids, one assistant division adjutant, one assistant division quartermaster, one assistant division commissary, and one assistant division surgeon, each with the rank of lieutenant colonel, who shall be commissioned accordingly.
95. In conducting elections for brigadier and major How elections generals, the Governor may direct the regiments and bat- to be held. talions composing the brigade or division to assemble at such times as he may appoint, and at different places, to hold the election, and he may direct in what manner the result of the election in each regiment or battalion shall be certified to him, and the state of the vote; and when all the returns have been made, the Governor shall ascertain who has received the largest number of votes, and commission him accordingly.
Commission. ARTICLE VIII. Ś 1. Every company is required to make a full report of Company roits condition and discipline at least once a year, or more
ports. frequently if required, showing the number of rank and file and non-commissioned officers, the number of arms and equipments and public property in its possession, and true state and condition of the same. If said company is a part of a battalion, the report shall be made to the commandant thereof, and through him to the commandants of regiments, brigades, and divisions to the adjutant general. The commandants of battalions, regiments, brigades, divisions, or the Governor, may require said reports whenever they may deem it necessary for the good of the service.
§ 1. Whenever the Governor may deem it necessary to
Gov. may or organize battalions, regiments, brigades, or divisions, from der organizat'n
of battalions, such corps as have previously existed, he shall issue orders &c. to have such organization accomplished.
ARTICLE X. $ 1. All existing military companies may became a part Existing of the Volunteer Militia, by notifying the Governor; and military companies.
such as have public arms and equipments, or other property belonging to the State in their possession, shall have the privilege of retaining the same upon the consent of the Governor; and to such as have been in organization, who have no public arms or equipments, upon their requisition to that effect, the Governor shall cause arms to be issued, if in his judgment advisable.
2. The Governor shall require of all existing military To enroll in companies to enroll themselves in the Volunteer Militia, the volunteer militia.
according to the provisions of this act, or to surrender all the arms, equipments, accoutrements, and ammunition belonging to the State in their possession, to an agent by him appointed; and whenever a company now existing shall surrender or dispose of the arms, equipments, accoutrements, or ammunition in its possession as the Governor may order, the obligation which the State now holds for the same shall be canceled ; the arms when surrendered shall be placed in the arsenal.
§ 3. All existing companies, and all others hereafter Coinpany organized, shall be permitted to assume and select such
company name as they may agree upon, and they shall be known and designated by that name, except when acting in battalion or regiment.
$ 4. Companies shall be designated by letters of the alphabet from and including A to K, omitting the letter J, when formed and acting in battalion or regiment.
ARTICLE XI. § 1. In case of war, rebellion, riot, or invasion, when it How the mili- shall become necessary to call out the military, either tary to be called out.
under a requisition of the President of the United States, or on information reliably furnished to the Governor, he, the Governor, shall first call upon all, or such of the Volunteer Militia as may be required, by issuing his order to that effect to the commanding officer of the corps he may desire to call into the service of the United States or this State; and when said call is made upon the Volunteer Militia, it
shall be obeyed; and if it is not, then the division, brigade, Penalty fordis regiment, battalion, or company failing or refusing to obey, ebuying the shall be dishanded, and never afterwards allowed to be a call.
part of the Volunteer Militia of this Commonwealth.
§ 2. When any portion of the Volunteer Militia enters the service of this State upon the requisition of the Governor, they shall be entitled to the same pay and emoluments as officers and soldiers of the same grades in the United States service, and subject to the same rules and regulations.
1862. $1. In order to ascertain who are required to perform
Enrolling the military duty, the assessors of each city, county, or town, militia. shall prepare a list annually of all persons liable to be enrolled, living within their respective bounds, and place it, before the first day of June in each year, in the hands of the clerk of the countg court of their respective counties; upon said list being furnished the clerk, he shall record the same in a book to be provided for the purpose, and within thirty days thereafter furnish a copy thereof to the Adjutant General of the State, to be filed in his office; and the fact of such list having been recorded in the county court clerk's office shall be a sufficient notification to all persons whose names appear thereon, that they have been enrolled in the militia
§ 2. That in all tax-books or forms furnished by the Aud- column in taxitor, there shall be a column for the names of all members book. of the Enrolled Militia. \ 3. That for the services of the clerk and assessor, as Pay to assessor
and clerk. before named, they shall be allowed one half cent each for each name enrolled and recorded. s 4. For the purpose of perfectly organizing the Enrolled State to be
laid off into disMilitia, the Governor shall lay off the State into battalion, tricts, and elecregimental, brigade, and division districts, paying as much tions to be held. respect to county lines as practicable, and as rapidly as the several districts are laid off, shall cause elections of colonels, lieutenant colonels, and majors. 5. Fach colonel, after he shall have received and Companies to
be formed. qualified under his commission, shall cause companies to be formed and officers thereof to be elected; he shall report the result of the company elections to the Governor, who shall issue to the company officers their respective commissions.
§ 1. Before any person shall become a member of the How persons to Volunteer Militia, he shall subscribe the muster-roll of the bers of vol. nicompany of which he is a member; and the following oath litia company. or affirmation shall be administered to him by a judge, justice of the peace, or a commissioned officer of the Volunteer Militia: Oath—“I do solemnly swear (or affirm) that I Oath. will support the Constitution of the United States and the Constitution of this State, and be true and faithful to the Commonwealth of Kentucky; and that I will well and truly obey and execute the legal orders of all officers legally placed over me when on duty or in service.” And it shall be the duty of the captain of each volunteer com- Muster roll to pany to file, in the clerk's office of the county in which be filed. the company was organized, the original muster-roll of his company so subscribed and sworn to, and the clerk shall preserve the same.
ARTICLE XIV. 1. That all the provisions relating to the militia in this Former militia Commonwealth, embraced in various articles and sections lato law re- of the sixty-sixth chapter of the Revised Statutes, (except pealed.
as altered or repealed by this ac!,) be, and the same are hereby, declared to be in full force, and that all other laws now in force in this State having relation to the militia, are hereby repealed.
Approved March 17, 1862
AN ACT to facilitate the execution of the attachment laws of this Common
wealth. Be it enacted by the General Assembly of the Commonrealth of Kentucky :
$ 1. That in all actions in which attachments may be Actions and pending in the circuit court held in any county, and in the proceedings in inferior courts of said county, and which have been levied removed from upon the same property, in whole or in part, it shall be inferior court the duty of the judge of said circuit court, or of said infeand heard and rior court, upon the motion of either party in said action dhe taniere come or actions, to make an order for the removal of the actions
pending in the said inferior court to said circuit court, where they shall be tried, as if originally brought in said circuit court.
$ 2. In all actions which may be brought in the circuit How cir. conrt courts of this Commonwealth, and in which attachments removed so as may be pending, and which may be levied upon the same ton bave dhe property, in whole or in part, the judges of said court when attach- where said actions are pending shall have the power to same property. make an order for the removal of said actions, or some of
them, by change of venue, so as to have them all upon the
same docket, and under the control of the same court. Order to be Such order of removal shall only be made upon petition made on petition filed. filed, and in such cases as the judge shall be satisfied that
such removal is necessary for the proper distribution of the attached property, and the adjustment of the rights of the parties to said actions, and in making said order of removal, due regard shall be had to the convenience of the parties.
$3. Said order of removal may be made in open court, May be made or by the judge of said courts in vacation ; but in either in open court.
case notice of the application shall be given to the opposite party, and affidavits may be read for and against such application.
§ 4. When said order of removal is made, it shall be the other officers
Oliers duty of the clerk of said circuit court, and of the duty. judges of said inferior courts, immediately to remove
in vacation or
the papers in said action, as directed by said order, and to 1862. file an authentic copy of the orders which have been made in said case or cases. If the order of removal is to another county, the clerk shall have the same fees now allowed for Fees. like services in other cases of change of venue, to be paid in advance by the applicant for the removal, and to be taxed as costs, and finally paid out of the attached funds, or by such of the parties as the court shall order.
Approved March 17, 1862.
military forces of the State of Kentucky, and for the punishment of desert-
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
$1. That the rules and articles of war and regulations Rules and artigoverning and now applicable to the army of the United made applicaStates, are hereby made applicable to all officers and fucky tllicere or soldiers now, or who may hereafter be, in the service of soldier in the
gerinc of Kenthe State of Kentucky, whether mustered, or merely en- tucky. rolled or enlisted in said service, and are adopted for the government of the forces of this State, whether serving in the State or without the State, except wherein said rules, articles, and regulations may conflict with the provisions of this act.
ý 2. Whenever charges are preferred against any soldier How charges or officer mustered, enrolled, or enlisted as aforesaid, the to be tried. penalty of which, by said rules, articles, or regulations may be death, the general commanding the department or division (whether in the State or United States service) in which such soldier or officer is serving, or the Military Board, or the Adjutant General of this State, may order the assembling of a general court-martial, for the trial of such offender, and all others who may be brought before such court-martial; and may appoint the members thereof, to consist of not less than five nor more than thirteen commissioned officers, who may be either in the State service or service of the United States; but if it be necessary, to form or complete the court, to have United States officers as members thereof, neither the Military Board nor the Adjutant General shall have power to call the court until the general commanding the department in which such court is to assemble, has first approved the calling thereof, and detailed the required number of United States officers to form, compose, or complete the court.
$ 3. Any soldier or officer enlisted, enrolled, or mustered Deserters, how into the service of the State of Kentucky, and now in such dealt with.