Formation of § 1. Two or more regiments, as the Governor may order, 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 more 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. §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. 5. 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. ARTICLE VIII. §1. Every company is required to make a full report of its condition and discipline at least once a year, or more 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. ARTICLE IX. § 1. Whenever the Governor may deem it necessary to organize battalions, regiments, brigades, or divisions, from such corps as have previously existed, he shall issue orders to have such organization accomplished. Commission. 1862. military com panies. ARTICLE X. § 1. All existing military companies may became a part Existing of the Volunteer Militia, by notifying the Governor; and 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. the volunteer militia. §2. The Governor shall require of all existing military To enroll in companies to enroll themselves in 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. name. §3. All existing companies, and all others hereafter Company 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. tary to be called out. § 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 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, regiment, battalion, or company failing or refusing to obey, shall be disbanded, and never afterwards allowed to be a part of the Volunteer Militia of this Commonwealth. Penalty for dis obeying the call. Pay. § 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. Enrolling the 1. In order to ascertain who are required to perform. 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 county 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 led 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. and clerk. 3. That for the services of the clerk and assessor, as Pay to assessor before named, they shall be allowed one half cent each for each name enrolled and recorded. §4. For the purpose of perfectly organizing the Enrolled Militia, the Governor shall lay off the State into battalion, regimental, brigade, and division districts, paying as much 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. Each colonel, after he shall have received and 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. ARTICLE XIII. State to be laid off into dis tricts, and elections to be held. Companies to be formed. How persons to become mem bers of vol. militia company. § 1. Before any person shall become a member of the Volunteer Militia, he shall subscribe the muster-roll of the company of which he is a member; and the following oath 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 the company was organized, the original muster-roll of his company so subscribed and sworn to, and the clerk shall preserve the same. be filed. 1862. late law re pealed. ARTICLE XIV. § 1. That all the provisions relating to the militia in this Former militia Commonwealth, embraced in various articles and sections law revivedof the sixty-sixth chapter of the Revised Statutes, (except as altered or repealed by this act,) 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 attachment cases may be CHAPTER 609. AN ACT to facilitate the execution of the attachment laws of this Common wealth. Be it enacted by the General Assembly of the Commonwealth 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 the latter co'rt. 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. into cir. court, determined by to have all on ments levied on § 2. In all actions which may be brought in the circuit How cir. court courts of this Commonwealth, and in which attachments actions may be removed so as may be pending, and which may be levied upon the same one docket 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 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. made on petition filed. in vacation or in open court. § 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 case notice of the application shall be given to the opposite party, and affidavits may be read for and against such application. Clerk's duty & 4. When said order of removal is made, it shall be the other officers duty of the clerk of said circuit court, and of the judges of said inferior courts, immediately to remove duty. 1862. the papers in said action, as directed by said order, and to Approved March 17, 1862. CHAPTER 610. AN ACT adopting rules, articles, and regulations for the government of the military forces of the State of Kentucky, and for the punishment of deserters, &c. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the rules and articles of war and regulations governing and now applicable to the army of the United States, are hereby made applicable to all officers and soldiers now, or who may hereafter be, in the service of the State of Kentucky, whether mustered, or merely enrolled 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. §2. Whenever charges are preferred against any soldier or officer mustered, enrolled, or enlisted as aforesaid, the 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. cles of war Rules and artimade applica tucky officer or soldier in the tucky. ble to the Ken service of Ken How charges to be tried. §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. |