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Clerk of the regiment, his duty.

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Penalty for
neglect
thereof.

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

Governor

the militia.

Proviso.

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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

of duty.

how collected.

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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

Field of
cers' routine

vice and how relieved.

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expiration of the term of the class to be re-
lieved; but nothing herein contained shall pre-
vent the governor or any commanding officer
of a county from employing or calling out a part when the
or the whole of any class, or any companies be called in.
or regiments, without respect to this rule, other than
whenever the exigency is too sudden to allow
the assembling of the militia which compose the
particular classes, and the service of the per-
sons so called out shall be accounted as a part
of their tour of duty.

Sec. 47. And be it further enacted, That when Captains,
any detachment of the militia shall be called in- when the
to service, the captain of each company shall called into
take care that his proportion of men are assem-
bled and marched to the proper place of parade
or rendezvous, under the care of a commissioned
officer or sergeant, with a list of the men, which Adjutants
list shall be delivered to the adjutant of the reg-
iment, whose duty it shall be to attend at the
place appointed to receive the detachment from
the several companies of his regiment, and
he shall make out a roll of the whole, mentioning
the rank of the officers and names of the non-
commissioned officers and privates, and when
the detachment shall be completed and placed
under the proper officer, he shall attend them to
the place appointed for the meeting at the de-
tachment of the brigade, when the several adju-
tants shall deliver to the brigade major or

duty.

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manding a
detach-
ment, his
duty.

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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

Persons
called out
may serve
by susbti-
tutes.

Proviso.

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