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fusing to do a tour of duty, and that sons of the age of sixteen years or upwards, who are not subject to the militia law, may be admitted as substitutes for their fathers, to be accepted as aforesaid.

colonel or

officer, may

impress for
pany, a
etc.

each com

wagon team,

Sec. 49. And be it further enacted, That the Lieutenant lieutenant colonel, or commanding officer of commanding each regiment, from which detachments are drawn, shall, if not otherwise to be obtained, cause to be procured by impressment for each company, a wagon, team and driver, or a sufficient number of pack-horses, six axes and six camp kettles or pots of convenient size, all which shall be delivered to the commanding officer of the company, who shall be accountable for returning the same, when his tour is over; and the articles aforesaid shall be returned to the owner, who shall be allowed for the use, damage or detention of the same, whatever shall be adjudged by a court of enquiry of the regiment, and the lieutenant colonel or commanding officer, shall cause all property by him impressed by virtue of this act, to be valued by three householders, on oath before the same shall be sent away, and shall give such owner a receipt for the same, stating the quantity, quality and value of the property impressed, together with a certificate of the appraisers, and on proof being made of any

Impressed

articles to

be valued.

When lost the owner

nified.

article being lost, the valuation thereof shall be to be indem- allowed, and the said allowance shall be certified to the auditor of public accounts-the said court shall make enquiry into the cause of such loss, and if it shall appear that such loss was occasioned by the misconduct or inattention of any officer, the brigade inspector is hereby authorized and required to prosecute a suit against such officer, to recover damages for the use of the state.

Command

ing officer

upon an act

ual or threatened

invasion

thereof,

how to pro

ceed.

Sec. 50. And be it further enacted, That if any of a county, sudden invasion shall be made or intended to be made, of any county or district within this state, by Indians or any other power, the commanding officer of the militia of such county or district, is hereby authorized and required, to order out the whole or such part of the militia of his county or district as he may think necessary, in such manner as he may think best, for the repelling such invasion, and shall call on the commanding officers of the adjacent counties or districts, for such aid as he may conceive necessary, who shall forthwith in like manner furnish the same; and for assembling the militia required upon such occasions, or by order of the executive, the same measures shall be taken to summon them as is directed in the case of musters; and it shall be the duty of every commanding officer of a county

or district, on receiving information of the intended invasion of his or any neighboring county or district, forthwith to convey information of the same by special message or otherwise, to the governor of the state, that he may make the necessary arrangements to repel the same.

prosecuted act, may

under this plead the

general is

sue, etc.

Sec. 51. And be it further enacted, That if Persons any suit or suits shall be brought or commenced against any person or persons, for any thing done in pursuance of this act, the action shall be laid in the county where the cause of such action did arise, and not elsewhere, and the defendant or defendants in such action or actions to be brought, may plead the general issue and give this act and the special matter in evidence.

Fines due former law, lected.

under the

how col

collectors,

Sec. 52. And be it further enacted, That all fines heretofore duly assessed by any court of enquiry under the former law, and which have not been paid, shall be collected in the manner prescribed by this act, and the sheriffs and Sheriffs and collectors of the several counties, shall make their duty. returns to the court of enquiry, at their first meeting, of the fines assessed on delinquents, in their several battalions, which have not been collected, together with the money they have collected, or the treasurer's receipt therefor, and all such fines not paid, shall be subject to

Commissioned off

having, how

punished.

the order of the court of enquiry, and collected in the same manner as other fines are collected by this law.

Sec. 53. And be it further enacted, That the following articles, rules and regulations, shall govern the militia of this state, to-wit:

Art. 1st. If any field or other commissioned cers misbe- officer, at any regimental review, or on any other occasion when the regiment, battalion or company to which he may belong, or in which he may hold a command, is paraded in arms, shall misbehave or demean himself in an unofficer-like manner, he shall for such offense be cashiered or punished by fine, at the discretion of a general court-martial, as the case may require, in any sum not exceeding sixty dollars; and if any non-commissioned officer, musician or private shall, on any parade of the company to which he belongs, misbehave, or disobey orders, or use any reproachful or abusive language to his officers, or any of them, or shall quarrel or promote any quarrel among his fellow soldiers, he shall be disarmed and put under guard, by the commanding officer or officers present, until the company is dismissed, and shall be, by a regimental court-martial fined in any sum not exceeding twenty dollars nor less than one dollar.

Non-commissioned

officers, mu

sicians or

privates mis

behaving, etc.

colonel re

give orders,

ished.

sioned off

cers of a

company

Art. 2d. If the lieutenant-colonel or command- Lieutenant ing officer of any regiment or battalion, shall fusing to neglect or refuse to give orders for assembling etc. his regiment or battalion, at the direction of the commander of the brigade to which he belongs, or in case of an invasion of the county or district to which such regiment or battalion belongs, he shall be cashiered or punished by fine, not ex- How punceeding six hundred dollars, at the discretion of a general court-martial; and if a commissioned Commisofficer of any company, shall, on any occasion, neglect or refuse to give orders for assembling refusing. the company to which he belongs, or any part thereof, at the direction of the lieutenant colonel or commanding officer of the regiment to which such company belongs, he shall be cashiered and punished by fine, not exceeding two hundred dollars, at the discretion of a regimental or general court-martial; and a non-commissioned officer offending in such case, shall be fined at the discretion of a regimental court-martial, in any sum not exceeding twenty dollars.

Art. 3rd. If any commanding officer of a company shall refuse or neglect to make out a list of the persons noticed to perform any tour of duty, and send or convey the same to the lieutenant colonel or commanding officer of the regiment to which such company may belong, or if he shall

etc.

Non-comofficers, of shed."

missioned

fending, how pun

captains

Penalty on failing to list of perfor a tour of

make out a

sons noticed

duty, etc.

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