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Persons not sing of this Act, no person shall be eligible as county treasurer, eligible as county trea

who holds the office of attorney general or solicitor general, or surer. who is empowered to act as attorney for the Commonwealth

within the county, nor any person holding the office of justice of the Court of Common Pleas, clerk of the said court, or

sheriff. (March 3, 1810.] Chap. 94.

An Act for continuing an Act, entitled, “ An Act providing for the appointing of a 1803 ch. 133.

Reporter of Decisions in the Supreme Judicial Court.”

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the Act entitled, “ An Act providing for the appointment of a Reporter of Decisions in the Supreme Judicial Court,” passed on the

eighth day of March, in the year of our Lord one thousand Aet continued. eight hundred and four, and continued in force by another Act

passed March eighth, one thousand eight hundred and six, be and it hereby is further continued, and shall be enforced, together with all the provisions therein, until the eighth day of March, which will be in the year of our Lord, one thousand eight hundred and fifteen. (March 3, 1810.] Continued with

out limitation-1814 ch. 84. Chap. 95.

An Act to incorporate certain persons into a Company, by the name of The Lech

mere Point Corporation. (March 3, 1810.] Add. act—1822 ch. 19. Chap 96. An Act to incorporate a number of persons in the Town of Danvers, by the name

of The Danvers Cotton Factory Company. (March 5, 1810.] Chap. 97. An Act to incorporate Theophilus Bradbury and others, by the name of The New

buryport Mechanic Association. (March 5, 1810.] Chap 98. An Act to incorporate the First Universalist Christian Society in Freeport. (March

5, 1810.] Chap. 99. An Act to incorporate Stephen Giddings and others, into a Society, by the name

of The United Mechanics and Manufacturers of Bangor. (March 5, 1810.) Chap. 100. An Act to make further allowance to the Judge of Probate for the County of Ox

ford, for his services. (March 5, 1810.] Chap. 101. An Act in addition to, and amendment of an Act, entitled, “ An Act to regulate 1807 ch. 34.

the Fishery in Damascotta River, in the County of Lincoln.” (March 5, 1810.]

Further act-1815 ch. 120. Chap. 102.

An Act to set off Thomas Saunderson and others, from Deerfield, and annex them

to Whately. (March 5, 1810.) Chap. 103. An Act to incorporate certain persons, by the name of The Middlefeld Free Stone

Company. [March 5, 1810.] Chap. 104. An Act to incorporate a number of persons, as a Religious Society, by the name of

The Antipædobaptist Society in New Portland. (March 5, 1810.) Chap. 105. An Act to amend and explain an Act respecting the Fishery in the Town of Vas1809 ch. 51. salborough. (March 6, 1810.) Chap. 106. An Act to incorporate certain persons, by the name of The Salem Athenæum.

(March 6, 1810.] Chap. 107. An Act to authorize two Justices of the Courts of Common Pleas to transact the

business of said Courts, in certain cases.

BE it enacted by the Senate and House of Representatives, in General Court asTwo justices sembled, and by the authority of the same, řhat whenever there shall be a vacancy may transact

in any Court of Common Pleas by death, resignation, or otherwise, or whenever the business of

any of the justices of said courts shall be unavoidably detained from attending at the court, in any term or part of a terin thereof, the said courts may be holden and all the busicertain cases. ness thereof transacted by two of the justices of such court. And whenever any

justice of said courts shall be legally disqualified from acting in any cause or matter pending therein, the same may be heard, tried, acted upon and determined by the other two justices of said court. (March 6, 1810.) Repealed-1811 ch. 33. An Act for regulating, governing, and training the Militia of this Commonwealth. Chap. 108.

WHEREAS Congress, on the eighth day of May, in the year Preamble. of our Lord, one thousand seven hundred and ninety-two, passed the following Law-entitled,

“ An Act more effectually to provide for the national de- United States fence, by establishing an uniform Militia throughout the United Militia Law. States:

Sect. 1. Be it enacted by the Senate and House of Representatides of the United States of America, in Congress assembled, That each and every free, able-bodied, white male citizen of the Every citizen

to be enrolled, respective States, resident therein, who is or shall be of the age exceptof eighteen years, and under the age of forty-five years, (except as is herein after excepted,) shall severally and respectively be enrolled in the militia, by the captain, or commanding officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act. And it shall, at all times hereafter, be the duty of every such captain or commanding officer of a company, to enrol every such citizen as aforesaid, and a.so those who shall, from time to time, arrive at the age of eighteen years, or being of the age of eighteen years, and under the age of forty-five years, (except as before excepted) shall come to reside within his bounds; And notified and shall without delay notify such citizen of the said enrol- thereof. ment, by a proper non-commissioned officer of the company, by whom such notice may be proved. That every citizen, so enrolled and notified, shall within six months thereafter provide himself with a good musket or firelock, a sufficient bayonet and How to be arm belt, two spare Alints, and a knaps: .ck, a pouch with a box there- ed and equipin, to contain not less than twenty-four cartridges, suited to the ped. bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball ; or with a good rifle, knapsack, shot-pouch and powder-horn, twenty balls, suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed, accoutred, and provided, when called out to exercise, or into service, except that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned officers shall be armed with a sword or hanger and espontoon, and that from and after five years, from the passing of this Act, all muskets for arming the militia, as herein required, shall be of bores sufficient for balls of the eighteenth part of a pound. And every citizen so enrolled, and providing himself with the arms, ammunition, and exempt from accoutrements, required as aforesaid, shall hold the same, ex- attachment. empt from all suits, distresses, executions, or sales, for debt or for the payment of taxes.

SECT. 2. And be it further enacted, That the Vice-President Exempts. of the United States; the officers, judicial and executive, of the government of the United States; the members of both Houses of Congress, and their respective officers; all custom-house officers, with their clerks; all post officers, and stage drivers, who

Arms shall be

are employed in the care and conveyance of the mail of the post office of the United States; all ferrymen, employed at any ferry on the post road; all inspectors of exports; all pilots; all mariners actually employed in the sea service of any citizen or merchant within the United States; and all persons who now are, or may hereafter be exempted by the laws of the respective States, shall be, and are hereby exempted from militia duty, notwithstanding their being above the age of eighteen and under the age of forty-five years.

Sect. 3. And be it further enacted, That within one year af. Arrangement of the militia. ter the passing of this Act, the militia of the respective States

shall be arranged into divisions, brigades, regiments, battalions, and companies, as the Legislature of each State shall direct; and each division, brigade, and regiment, shall be numbered at the formation thereof, and a record made, of such numbers, in the adjutant-general's office in the State ; and when in the field, or in service in the State, each division, brigade, and regiment, shall respectively take rank according to their numbers, reckoning the first or lowest number, highest in rank. That, if the same be convenient, each brigade shall consist of four regiments; each regiment of two battalions; each battalion of five

companies; each company of sixty-four privates. That the How officered. said militia shall be officered by the respective States, as fol

lows: To each division, one major general and two aids-decamp, with the rank of major ; to each brigade, one brigadiergeneral, with one brigade inspector, to serve also as brigade major, with the rank of a major; to each regiment, one lieutenant-colonel commandant; and to each battalion, one major; to each company, one captain, one lieutenant, one ensign, four serjeants, four corporals, one drummer, and one fifer or bugler. That there shall be a regimental staff, to consist of one adjutant, and one quarter-master, to rank as lieutenants; one paymaster, one surgeon, and one surgeon's mate; one sergeant-major; one drum-major, and one fife-major.

Sect. 4. And be it further enacted, That out of the militia Light infantry. enrolled as is herein directed, there shall be formed, for each

battalion, at least one company of grenadiers, light infantry,

or riflemen; and that to each division there shall be at least one Artillery and company of artillery, and one troop of horse; there shall be cavalry, how

to each company of artillery one captain, two lieutenants, four officered and equipped.

sergeants, four corporals, six gunners, six bombardiers, one drummer, and one fifer. The officers to be armed with a sword or hanger, a fusee, bayonet and belt, with a cartridge-box to contain twelve cartridges : and each private or matros shall furnish himself with all the equipments of a private in the infantry, until proper ordnance and field artillery is provided. There shall be to each troop of horse, one captain, two lieutenants, one cornet, four serjeants, four corporals, one saddler, one farrier, and one trumpeter. The commissioned officers to furnish themselves with good horses, of at least fourteen hands and an half high, and to be armed with a sword, and a pair of pistols, the holsters of which to be covered with bearskin caps. Each dragoon to furnish himself with a serviceable horse, at

least fourteen hands and an half high, a good saddle, bridle, mailpillion, and valise, holsters, and a breastplate and crupper, a pair of boots and spurs, a pair of pistols, a sabre, and a cartouch box, to contain twelve cartridges for pistols. That each company of artillery and troop of horse shall be formed of volunteers from the brigade, at the discretion of the commander in chief of the state, not exceeding one company of each to a regiment, nor more in number than one eleventh part of the infantry, and shall be uniformly clothed in regimentals, to be furnished at their own expense; the colour and fashion to be determined by the brigadier commanding the brigade to which they belong.

Sect. 5. And be it further enacted, That each battalion and Each battalion regiment shall be provided with the state and regimental co- to be furnished lours, by the field officers, and each company with a drum and with colours,

drums, &c. fife, or bugle horn, by the commissioned officers of the company, in such manner as the legislatures of the respective States shall direct.

Sect. 6. And be it further enacted, That there shall be an Adjutant-geneadjutant-general appointed in each State, whose duty it shall ral's duty be to distribute all orders from the commander in chief of the State, to the several corps; to attend all public reviews, when the commander in chief of the State shall review the militia or any part thereof; to obey all orders from him, relative to carrying into execution and perfecting the system of military discipline, established by this act; to furnish blank forms of different returns, that may be required, and to explain the principles on which they should be made; to receive from the several officers of the different corps, throughout the state, returns of the militia under their command, reporting the actual situation of their arms, accoutrements, and ammunition, their delinquencies, and every other thing that relates to the general advancement of good order and discipline; all which the several officers of the divisions, brigades, regiments, and battalions, are hereby required to make, in the usual manner, so that the said adjutant-general may be duly furnished therewith; from all which returns he shall make proper abstracts, and lay the same, annually, before the commander in chief of the State.

SECT. 7. And be it further enacted, That the rules of disci- Discipline espline, approved and established by Congress, in their resolu- tablished. tion, of the 29th of March, one thousand seven hundred and seventy-nine, shall be the rule of discipline, to be observed by the militia, throughout the United States, except such deviations from the said rules, as may be rendered necessary, by the requisitions of this Act, or by some other unavoidable circumstances. It shall be the duty of the commanding officer, at every muster, whether by battalion, regiment, or single company, to cause the militia to be exercised and trained, agreeably to the said rules of discipline.

Sect. 8. And be it further enacted, That all commissioned Rank of ofiofficers shall take rank according to the date of their commis. cers. sions; and when two of the same grade bear an equal date, then their rank to be determined by lot, to be drawn by them,

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VOL. II.

before the commanding officer of the brigade, regiment, bat

talion, company, or detachment. Disabled offi

Sect. 9. And be it further enacted, That if any person, wheceit and sol. ther officer or soldier, belonging to the militia of any State

, and diers to be pro- called out into the service of the United States, be wounded or vided for.

disabled while in actual service, he shall be taken care of, and

provided for, at the public expense. Brigade-in Sect. 10. And be it further enacted, That it shall be the spector's duty. duty of the brigade-inspector, to attend the regimental and bat

talion meetings of the militia composing their several brigades, during the time of their being under arms, to inspect their arms, ammunition and accoutrements; superintend their exercise and manæuvres, and introduce the system of military discipline before described, throughout the brigade, agreeable to law, and such orders as they shall, from time to time, receive from the commander in chief of the State; to make returns to the adjutant-general of the State at least once in every year, of the militia of the brigade to which he belongs, reporting therein the actual situation of the arms, accoutrements, and ammunition of the several corps, and every other thing, which in his judgment may relate to the government, and the general

advancement of good order and military discipline; and the Adjutant adjutant-general shall make a return of all the militia of the State general to

to the commander in chief of the said State, and a duplicate make returns.

of the same to the President of the United States. And whereas sundry corps of artillery, cavalry, and infantry, now exist in several of the said States, which by the laws, customs, or usages thereof, have not been incorporated with, or subject to

the general regulations of the militia: Certain corps Sect. 11. Be it further enacted, That such corps retain their allowed to re- accustomed privileges, subject nevertheless, to all other duties Sate their pri- required by this Act, in like manner with the other militia.”

And whereas Congress, on the second day of March, in the year of our Lord, one thousand eight hundred and three, pass

ed the following additional law, entitled, Additional “An Act in addition to an Act, entitled, An Act more effectually to provide for the Act of Con National Defence, by establishing an Uniform Militia throughout the United gress.

States.

Be it enacted by the Senate and House of Representatives of the Adiutant. United States of America, in Congress assembled, That it shall be general to

the duty of the adjutant-general of the militia, in each state, to make apnual

make return of the militia in each to which he belongs, with returns to the President. their arms, accoutrements, and ammunition, agreeably to the

directions of the Act, to which this is in addition, to the President of the United States, annually, on or before the first Monday in January, in each year; and it shall be the duty of the secretary of war, from time to time, to give such directions to the adjutant-generals of the militia, as shall in his opinion be necessary to produce an uniformity in the said returns, and he shall lay an abstract of the same before Congress, on or before the first Monday of February annually.

Sect. 2. And be it further enacted, "That every citizen, duly

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