names and rank of the persons so elected, in the books of his office, shall lay the same before the commander in chief to be commissioned, and thereupon the adjutant-general shall transmit all commissions to the brigadier-general or officer who 165 issued the warrant of election. The sum of two dollars shall be paid by the battalion paymaster to the commandant of the battalion or squadron for advertising and holding an election or elections. No candidate or any other person shall give any 166 spiritous liquors or treat to any officers or privates, on any day of election of officers, under the penalty of twenty dollars, to be prosecuted for and recovered by the battalion paymaster, and by him paid to the brigade paymaster.

22. And be it enacted, That if any commission- 167 ed officer shall remove out of the bounds of his proper division, brigade, regiment, battalion, squadron, troop or company, or shall be absent therefrom more than six months, his office shall be thereby vacated.

23. And be it enacted, That the uniform to be 168 worn by the several officers of the militia of this state, shall be conformable to the general orders heretofore, or that may hereafter be issued on that subject, and it shall be the duty of every officer within three months after receiving his commission, to appear upon all training days, courtsmartial, and meetings of the brigade board in full and complete uniform, agreeably to the general or- 169 ders, and also, either with a sword or hanger; and if any officer shall come upon parade for exercise not being so equipped, he shall incur the same 170 fine as is directed by this act for non-appearance, and also shall not be suffered to do duty on that day.

24. And be it enacted, That if any youth of the 171 age of twelve years and not exceeding the age of

eighteen years, shall, with the consent and approbation of his parents, attach himself to any company of militia for the purpose of learning to beat the drum, play on the fife, or blow the trumpet, or bugle, provided the number shall not exceed one person for the drum, and one for the fife in each 172 company, and one for the trumpet in each troop

of horse, the father of every youth who shall serve 173 as musician as aforesaid, shall be excused from every kind of military duty, so long as his son shall continue to perform the duties of a drummer, fifer, trumpeter or bugler in any militia company or troop, and be under the age of eighteen years.

25. And be it enacted, That it shall be lawful for the captains or commanding officers of the 174 several companies of cavalry, artillery, light-infantry, grenadiers, riflemen and fusileers to enrol in their respective companies from the several companies composing the brigade, regiment or battalion to which they may belong, such men as may from time to time be necessary to complete 175 their respective companies, and a certificate from the said captain or commanding officer, shall exonerate the bearer from serving or paying any fine thereafter imposed on him by the officers of the company to which he formerly belonged, any law, usage or custom to the contrary notwithstanding; Provided always, That it shall not be lawful for the captain or commanding officer of any uniform 176 company to grant a certificate to any person prior to his appearing in uniform agreeably to law, under the penalty of ten dollars, to be recovered when incurred by action of debt, before any court having cognizance of the same, and the court shall pay the money when collected to the paymaster of the brigade in which the delinquent may reside,

26. And be it enacted, That the majors or commanding officers of battalions shall be charged 177 with organizing the several companies under their respective commands; so far as where militia men of any company district neglect or refuse to choose their company officers, the major or commanding officer to which such company belongs, shall under his hand and seal appoint a serjeant 178 within the said company district, whose duty it shall be to take command of the said company, and conduct it agreeably to this act, until proper officers are duly elected and qualified, and to constitute his company court, the said serjeant shall 179 appoint three respectable enrolled persons from the list of said company, who shall choose one of their number to be president of said court, they shall take the oath or affirmation prescribed by the ninth section of this act, and in all things be governed by the same regulations as are directed for other company courts.

27. And be it enacted, That no officer or private shall on the way to or from the place of any 180 review, regimental, battalion or company training of the regiment, battalion or company, to which he shall belong, pay more than one third of the usual rate of ferriage, or be charged any toll for 181 passing any toll-bridge, or turnpike gate, and if any ferryman or keeper of any toll-bridge or turnpike gate, shall refuse a passage, or enforce a de- 182 mand contrary to the direction of this act, he shall for each offence forfeit and pay the sum of eight dollars, to be recovered by any person who will sue for the same, one half to the prosecutor, and the other half to the paymaster for the use of the battalion where such demand or refusal is made, any law, usage or custom to the contrary notwithstanding.

28. And be it enacted, That no commissioned

officer, non-commissioned officer or private, shall 183 be arrested on any civil process, on any day appointed by law for exercise or training, nor shall any arms or accoutrements of a militia man be levied on or sold by virtue of any execution.

184

29. And be it enacted, That the captains or commanding officers of the different companies or troops of militia in this state, shall yearly on or before the twentieth day of June make and deliver a full and complete roll, on oath or affirmation, to 185 the assessors of the respective townships in which they reside, of all persons duly enrolled in their respective companies who perform military duty; for which service the said captains or commanding officers shall respectively be entitled to receive of the collector of the county, the sum of one dollar, on producing a receipt of his having delivered the said roll to the assessor as aforesaid; and the 186 assessors of the several townships of this state, shall yearly, between the twentieth day of June and the twentieth day of August, take an exact list of the names and surnames of all free white male inhabitants in their respective townships between the 187 age of eighteen and forty-five, except such persons as are exempted from militia duty by the first section of this act, and all general, field and staff officers in actual commission, and excepting those who shall produce to the said assessor a certificate signed by the president of the brigade board by order of said board, within the bounds of which 138 he or they may reside, of his or their inability of body to perform military duty; and the said assessors respectively shall after comparing the returns made by the respective captains or commanding officers, with the list of the names by 189 them respectively taken, insert all the names not contained in the rolls or returns made by the said captains or commanding officers, in a separate list

to be annexed to their respective duplicates or tax lists, and they and every of them shall be consider- 190 ed as exempts, and the several assessors shall fine them in their respective duplicates the sum of three dollars each, over and above the amount of their taxes, and the said assessors shall yearly and every year make out a duplicate list of the names 191 of every exempt contained in his or their respective duplicates or tax list, and shall deliver or safely transmit the same to the collector of their respect- 192 ive counties; and also at their annual meeting in September yearly make out a general abstract of the same, which they shall deliver or safely trans- 193 mit to the treasurer of the state, and the said treasurer shall thereupon charge the county in which the said townships are situated with the amount of the money due on the said duplicate lists for exempt fines, in the public books of his office, and the several county collectors of this state 194 shall pay forward to the treasurer thereof the sum due on the respective lists for exempt fines, over and above the quotas due from the several counties by law, on the same day on which the said quotas become due, unless he or they shall produce an account from the township collector or constable, certified on oath or affirmation, that the persons named in the said account for exempt fines are either dead, absconded or insolvent, and that the money cannot be recovered; and on neglect thereof the said treasurer shall prosecute 198 the said county collector for and recover the same or any part thereof, in any court where the same may be cognizable, and the said treasurer is hereby directed to keep separate and distinct accounts of 194 all monies received in pursuance of this act, and to lay an account thereof annually before the legisla ture, and if any assessor shall neglect or refuse to 195 insert the names of the persons not contained in the

Na