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general to

elected.

ernor.

general to cause a meeting,

with after receiving the returns as aforesaid, The majors make out and return a fair list of all the per- isake the sons thus elected, stating the rank, and the persons county and brigade, within which any such person is elected, and transmit the same to the governor of the state, who is hereby authorized and required to issue commissions to to be comthe persons thus elected and returned accord- by the gor. ingly, and transmit the same to the majors general respectively, whose duty it shall be to forward, as soon as the nature of the case will admit, to each officer his commission.

Sec. 7. Arid be it further endtteil, That The majors the majors general respectively be, and they are hereby authorized and required, to cause de la to be to be held in each battalion district, a meet- purpose of ing of the captains and subalterns thereof, as cach"batta

as they shall be qualified according to law, in such manner as they may think most proper, for the purpose of electing one major to each hattalion; and shall in the same manner as before directed, make return to the governor of the persons duly elected, for the purpose of receiving and transmitting to them their commissions in manner aforesaid. And the majors general respectively, ale in like manner authorized and required, to cause a meeting of the majors, Captains and subalterns of each regimental district, for the purpose of electiny one lieutenant colonel com

electing one major to

lion.

soon

to eaoh reg mental district.

Proviso.

or

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as

One lieuten- mandant within the same, and shall make the commandant like return to the governor of the persons elec

ted within each district, and on receiving their commissions, forthwith transmit them in manner directed in the preceding section: Provided always, That no election for a major

lieutenant colonel shall take place, unless at least two-thirds of all the officers having a right to vote at such election, be present.

Sec. 8. And be it further enacted, That the majors general respectively, so the officers of their brigades have been commissioned and qualified according to law, shall cause to be held a meeting of the officers of each brigade, either by regiments or brigades, as shall appear most convenient, at which meeting or meetings they shall attend in person, for the purpose of electing one brigadier general to each brigade, agreeably to the fourth section of the fifth article of the constitution, and shall, as before directed, return to the governor the names of the persons thus elected, receive and transmit to them their commissions.

Sec. 9. And be it further enacted, That tie governor shall, before he issues any commission, determine by lot the rank of the officers elected, agreeably to the provisions of this

One brigadier general to each brigade.

Rank or offlcers, how determined.

thereof.

act, and express the same in every commission accordingly.

Sec. 10. Anil be it further enacted, That whenever it shall become necessary, from an When necesincrease of population or other circumstances, ste new or to create new or alter old regimental, battalion districts, or company districts, the officers of the regiment or regiments (or at least two-thirds of them) the bounds of which are to be altered, shall meet under the direction of the brigadier general, who shall attend such meeting and shall make such alterations, or create such Manner new districts as shall be thought necessary. In like manner the commissioned officers of any regiment shall have power to alter the old or create new battalion or company districts within the regimental districts, and shall meet under the direction of the lieutenant colonel for that purpose, who shall attend such meet- Distriets esing in person. The regimental, battalion and and from company districts, as established by the ma- altered to jors general and from time to time altered, shall be recorded by the clerks of the regiments respectively. Sec. 11. And

And be it further enacted, That Vacancies in vacancies in the militia shall be filled in the below the following manner, that is to say, when any eral of brigoffice below the rank of general of brigade is filled. vacant, the lieutenant colonel or commanding

time to time

be recorded.

rank of gen

ade, how

officer of the regiment (as the case may be), shall report the same to his brigadier general or commanding officer of brigade, who shall cause an election to be held for the purpose of filling such vacancy, agreeable to the constitution and provisions of this act. When a major is to be elected, the lieutenant colonel or commanding officer of the regiment shall attend such election in person, and when a lieutenant colonel is to be elected, the brigadier general or commanding officer of brigade shall attend such election in person, and in all cases where elections are made agreeably to the provisions of this section, the returns of such elections shall be made to the brigadier general or commanding officer of brigade, in the same manner as before directed to be made to the major general, whose duty in such cases shall be the same as those assigned to the majors general in the first elections.

Sec. 12. And be it further enacted, That in case of the vacancy of the office of general of brigade, the major general shall cause an election to be held to fill such vacancy, agreeably to the provisions of the eighth section of this act; and if any officer required to perform any duty by the preceding sections of this act, shall fail to perform the same, or if he he guilty of any malconduct in the performance thereof, such officer shall be subject to arrest

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artillery and

and trial by court-martial, and be cashiered or fined in any sum not exceeding one hundred dollars, at the discretion of the court.

Sec. 13. And be it further enacted, That Rank of when any election for two persons of the same howe detergrade in any division, brigade or regiment takes place on the same day, the governor shall determine their rank by lot; in all other cases after the first elections, the persons shall take rank from the date of their commissions.

Sec. 14. And be it further enacted, That The manner the captains and subalterns of artillery and oficers of cavalry, shall be elected by the persons en- cavalry. rolled in their respective corps, under the direction of the commanding officer to whose brigade they may be attached.

Sec. 15. And be it further enacteil, That there shall be attached to each brigade one A company company of artillery and one troop of borse, and a troop when in the opinion of the brigadier general be attached the said companies or either of them, can with brigade. convenience be raised and equipped within his How.com brigade. To every company of artillery there shall be one captain, two lieutenants, four sergeants, four corporals, six gunners, six bombadiers, one drummer and one fifer, and not less than twenty nor more than thirty matrosses; the non-commissioned officers shall be armed with a sword or hanger, and each private or mat

armed.

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