« SebelumnyaLanjutkan »
Clerk of the regiment, his duty.
Sec. 42. And be it further enacted, That it shall be the duty of the clerk of the regiment to attend the courts of enquiry therein, to take the minutes of the proceedings, receive all returns from the commandants of battalions and companies, and record the same in a proper book prepared for that purpose; he shall also record the class-rolls of each company in his regiment, and shall furnish the person appointed to collect the fines with a list of the delinquents in his regiment, stating the number of fines due from each delinquent and the muster at which they were delinquents; and on failure or neglect of any clerk to perform any of the duties imposed on him by this law, he shall be fined by any court of enquiry, in any sum not exceeding twenty-five dollars.
Sec. 43. And be it further enacted, That when
ever it may be necessary to call into actual serto call forth vice any part of the militia, on an actual or
threatened invasion of this state or of any of the neighboring states or territories of the United States, that it shall and may be lawful for the governor to order into actual service such part of the militia, by classes, as the exigency may require: Provided, That the part so called doth not exceed four classes of the militia of the brigade or brigades so called out: And provided also, That such brigade or brigades shall not be again called into actual service until an equal number
Sec. 44. And be it further enacted, That all Orders to be orders for the militia to be called forth as afore- command
ing omcers said, shall be sent to the commanding officers of of brigades. the brigades with the notification of the place or places of rendezvous, who shall immediately take measures for detaching the same with the necessary number and rank of officers; and if any brigadier general shall fail or neglect to comply with any of the duties required of him by virtue of this act, he shall forfeit and pay any sum not exceeding one thousand dollars, to Brigadier be assessed by a general court-martial, collected for neglect by the brigade major, in the mode pointed by the thirty-seventh section of this act and dis- Penalty, posed of as the said court-martial shall direct.
Sec. 45. And be it further enacted, That each Militia, how battalion or regiment of the state shall be divid- classed. ed into eight classes, preserving to each man his original class; all troops of horse and flank companies, whether grenadiers, light infantry or riflemen, shall be called into service by companies or detachments, and not by classes, the
The order or classing commissioned oincers.
first flank company making part of the first call, and the second flank company shall make part of the fifth call of the militia, and be commanded by their own proper officers.
Sec. 46. and be it further enacted, That for the purpose of having the militia when called by classes, properly officered, the following order is hereby directed and enjoined, that is to say:
For the first draft, 1st capt., 2d lieut., 4th ensign:
2nd, do. 2u, do. lst, do. 3d, do.
3d, do. 3d, do. th, do. 2d, do. 4th, do. 4th, do 30, do 1st, do. 5th, do.
5th, do Oth, do. Sth, do. 6th, do. Oth, do. 5th, do. 7th, do. 7th, do 7th, do. 8th, do. 6th, do. Sth, do. Sth, do.
7th, do. 5th, do. Non-commissioned officers to take tour of duty
with the commissioned officers, and the routine of command of the field officers shall be according to the date
of their respective commissions; the first lieutenant colonel of the brigaile shall command the first detachment, if it amounts to a lieutenant colonel's command, if it does not, the command
shall devolve on the first major, liable to Term of ser- serve three months and no longer, and to be
relieved by the class next in numerical order, the relief to arrive at least two days before the
vice and how relieved.
expiration of the term of the class to be re-
Sec. 47. And be it further enacted, That when Captains,
inspector, or officer appointed to command the whole detachment, a complete roll, containing the names of the commissioned and non-commissioned officers and privates, composing the detachment from each regiment or bat
talion, noting such remarks as circumstances Omcer com may require; and it shall be the duty of the
officer appointed to the command of said detachment, to cause two complete rolls to be made out and certified under his hand, one of which rolls he shall forthwith transmit to the adjutant general, and the other to the brigade inspector.
Sec. 48. And be it further enacted, That it shall and may be lawful for any person called to do a tour of duty, to send a sufficient substitute, such substitute being approved of by the captain or commanding officer of the company, which he shall be offered to serve in: Provided always, That any person serving by substitute as aforesaid, if said substitute be called in his own turn into actual service before the time expires which he was to serve for his employer, the person procuring such substitute shall march or find a person to march in his substitute's turn, to be accepted as aforesaid, or be liable to pay his fine for neglect, which fine is to be recovered in the same manner as is directed in the case of any militia man neglecting or re