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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.

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 impress for drawn, shall, if not otherwise to be obtained, pangina cause to be procured by impressment for each ete: company, a wagon, team and driver, or a suffcient 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 Impressed before the same shall be sent away, and shall be valued. 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

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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.

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Sec. 50. lnd 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 forth with 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.

Sec. 51. And be it further enacted, That if Persons any suit or suits shall be brought or commenced under this against any person or persons, for any thing plead the done in pursuance of this act, the action shall be sue, etc 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 pleari the general issue and give this act and the special matter in evidence.

Sec. 52. and be it further enacted, That all Fines due fines heretofore duly assessed by any court of former law, enquiry under the former law, and which have lected. not been paid, shall be collected in the manner prescribed by this act, and the sheriffs and Sherids 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

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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 officers, mu shall, on any parade of the company to which he privates mis- 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.



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Art. 2d. If the lieutenant-colonel or command- Lieutenant
ing officer of any regiment or hattalion, shall fusing to
neglect or refuse to give orders for assembling
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 pun-
ceeding six hundred dollars, at the discretion of
a general court-martial; and if a commissioned Commis-
officer of any company, shall, on any occasion, cers of a
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 gen-
eral court-martial; and a non-commissioned offi- Non-com-
cer offending in such case, shall be fined at the officers, of-
discretion of a regimental court-martial, in any ished
sum not exceeding twenty dollars.

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

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