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262 purpose of retailing, shall forfeit such liquors for

the use of the poor belonging to the city or township where such exercise is had, and the commanding officer of the regiment, battalion, squadron or company is charged with the execution of this article.

53. And be it enacted, That the rules of dis263 cipline approved and established by congress in

their resolution of the twenty-ninth of March, one thousand seven hundred and seventy-nine, shall be the rules of discipline to be observed by the militia throughout this state, except such deviations from said rules as may be rendered necessary by the requisitions of the acts of congress or some unavoidable circumstances. It shall be the duty of the commanding officer at every training to cause the militia to be exercised and trained

agreeably to said rules of discipline, and the in264 strictions laid down by the Baron Steuben, and

annexed to the said rules of discipline pointing out the respective duties of the officers, non-commissioned officers and privates, are recommended and enjoined upon the militia of this state, as particularly and fully as if the said instructions were repeated in this act at length.

54. And be it enacted, That the commander in chief be and he is hereby authorized to procure a sufficient number of copies of a system embracing the first elements and most essential movements of field artillery, also a sufficient number of copies of

manual for the exercise of cavalry, and distribute the same to such officers of the cavalry, artillery, and infantry, as in his opinion the service may require. And he is hereby authorized to draw on the treasurer of the state for monies to defray the necessary expenses, and the said treasurer is hereby authorized and required to pay such draft out of any monies in the treasury


a 266

arising from militia fines, not otherwise appropriated.

55. And be it enacted, That when any officer 267 of the general staff shall be tried by courts-martial, the expense shall be paid by the treasurer of the state, out of any militia fines in the treasury not otherwise appropriated. That when any officer having commanded in any brigade above the 268 grade of major shall be tried by courts-martial, the expense shall be paid by the paymaster of the brigade to which the delinquent belongs; and that when the commanding officer of any battalion or squadron, or of a grade inferior, or private, shall 269 be tried by courts-martial, the expense shall be paid by the battalion paymaster in whose bounds the delinquent may reside. . That every officer who shall attend on courts-martial shall be entitled to receive the sum of one dollar and fifty cents each for every day they shall respectively attend, and all persons attending before said courts-martial as witnesses, shall be entitled to receive fifty cents per day : Provided, That no more than four witnesses on the part of the state, and four on the 270 part of the offender, shall be entitled to pay. All which sums shall be paid as aforesaid, on certificates signed by the judge-advocate or the person acting as such at any courts-martial which


be held.

56. And be it enacted, That if any bystander 271 shall interrupt, molest, or insult by abusive words or behavior, any officer or soldier while on duty at any training or muster, he shall be immediately put under guard, and kept, at the discretion of the 272 commandant of the regiment, battalion, squadron, company or corps, until the setting of the sun of the same day on which such offence shall be committed, and if any bystander shall be guilty of any like conduct before a court-martial, he shall be fined in any sum not exceeding twenty dollars,

with costs of prosecution, to be recovered before 273 any justice of the peace by the battalion paymaster,

who shall sue for and pay the same when recover

ed to the brigade paymaster. 274 57. And be it enacted, That all fines imposed by

any courts-martial shall be certified and returned by the judge-advocate of the brigade board, who shall direct their brigade paymaster to collect the same in the manner directed for the collection of fines imposed on delinquent officers in the fourteenth section of this act.

58. And be it enacted, That the monies paid into the treasury of this state for fines, forfeitures

and exemptions arising under this act, shall con276 stitute a military fund ; and the account of the

same shall be kept by the treasurer separate from the other accounts of his office, and be by him annually submitted to the legislature.

59. And be it enacted, That two thousand five

hundred copies of this act, with the general or277 ders now in force, shall be printed under the di278 rection of the commander in chief, and distributed

by the adjutant-general to the several officers of

the militia, and it shall be the duty of any officer 279 having such copy or copies on his going out of

office to deliver, or in case of his death his execu

tors or administrators shall deliver, under the pen280 alty of five dollars, to the successor in office, who

shall prosecute for the same of the person so going out of office, or of the executors and administrators of the person so dying, the aforesaid copy or copies.

60. And be it enacted, That all former acts for regulating, conducting and disciplining the mili

tia of this state shall be and the same are hereby 281 repealed: Provided, that the collection of fines and

forfeitures under the former act, or its supplements 282 incurred, shall not in any wise be affected by this

repeal, nor the settlement of the accounts of the several brigades.

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A Act establishing a Militia System and General Orders. 277 To be distributed by Adjutant-General.

278 To be delivered to successors,

279 or forfeit five dollars.

280 Forty-ninth section to be read immediately after roll call.

258 Repeals former acts, except where necessary to recier fines.

281 ADJUTANT to keep roaster of duty.

44 Allowed for extra services.

119 ADJUTANT-GENERAL, with rank of brigadier-general. 9 To distribute orders.

140 Attend Commander in Chief.

141 Furnish blank returns.

142 Demand returns of the officers,

143 Which they are required to make,

144 Previous to session of the Legislature.

145 Report state of the Militia.

146 To make return to the President of the United States. 147 Record orders_Officers' names.

148 To detail upon requisitions.

149 Commissions to issue, on certificates.

150 To deliver over books, &c. to his successor.

151 To lay accounts before the Legislature.

152 Allowance for services.

153 To distribute this act and General Orders.

277 AGE, and ability to bear arms, to be determined by the captain.

1 To be enrolled by the captain.

3 Person questioned to prove his age.

. AIDS-DE-CAMP, number and rank of.

9 APPEAL given in certain cases.

200 Certificate thereof.



Assessor to take list between 18 and 45,

186 Except general, field and staff, and exempts.

187 Those who have certificates of inability.

188 Names not in captain's rolls to be fined.

189 Carried on tax list.

190 Duplicate for collector,

191 And for treasurer.

192 To be charged to the county,

193 Over and above quotas.

194 In case of neglect.

195, 203 Fees allowed.

196 APPRENTICE's fines to be paid by mastery.

87 ARMS AND ACCOUTREMENTS, free from execution.

183 ARTILLERY, of what number companies to consist.

13 System of to be procured

265 B BATTAIJON PAYMASTER, how appointed.

91 To ímye bond and sureties.

92 Oath to be indorsed.

95 Duty on return of delinquents.

71 If fines not paid by 3d Tuesday in October,

72 Return delinquents to justice of the peace. To make return to brigade board.

88 To keep journal, accounts, &c.

89 Of fines not collected.

90 To pay company court members.

208 BRIGADE, how formed.

6 Staff. Training

38 Returns of to major-general.

41 BRIGADE BOARD, of whom composed

105 Meet annually.

106 Senior officer to preside.

107 Power to compel attendance.

108 May alter and arrange regiments, battalions, squadrons and companies.

109 To obtain music.

111 To draw on brigade paymaster for expenses.

112 For brigade paymaster's services.

113 What he shall pay to the treasurer:

114 To allow adjutant for extra services.

119 To brigade judge advocate.

120 To assess such fines as prescribed on delinquent offi-? 121 cers returned by brigade major or paymaster.

123 Preserye order at the board.


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