Clerk's oath.

duty.

tain or commanding officer of the company, shall in writing certify, that he does thereby appoint him to be clerk of the company. And before such clerk enters upon the duties of his clerkship, he shall be sworn to the faithful discharge of his duty, by taking the following oath before the captain, or commanding officer of the company to which he belongs, who is hereby authorized to administer the same, viz.

I, A. B. do solemnly swear, that I will faithfully and impartially do and perform all the duties incumbent on me, as clerk of the company to which I belong, according to the best of my abilities and understanding. So help me God.

And the captain or commanding officer of the company shall, at the time of his administering said oath, certify on the back of the warrant of the serjeant appointed to be a clerk, that he was duly qualified, by taking the oath required by law. And His power and it shall be the duty of the clerk to keep a fair and exact roll of the company, together with the state of the arms and equip ments, belonging to each man, which roll he shall annually revise, in the month of May, and correct the same, from time to time, as the state of, and alterations in, the company may require; to register all orders and proceedings of the company in the orderly book; to keep exact details of all drafts and detachments; to assist the commanding officer of the company, in the enrolment thereof, and also in enrolling all such persons without partiality or favour, liable to any military duty, coming to live within his company bounds, as he from time to time may be informed thereof; to distribute all company orders and notifications, which he may be required to do; to examine the equipments of the men, when ordered; to note all delinquencies, to sue for and recover all fines and forfeitures, which are required by this Act to be sued for, and recovered by him; to keep accounts in the orderly book of all fines and forfeitures, and all other monies collected by him, with the persons' names, of whom they were collected, and of the times when, and for what offence, neglect, default or deficiency; which book shall not be alienated from the company, and shall always be open to the inspection of any officer of the company.

Every officer and private to

keep himself

constantly armed.

SECT. 9. Be it further enacted, That every officer, non-commissioned officer and private of infantry, light infantry, cavalry, artillery, grenadiers and riflemen, shall constantly keep himself furnished and provided with the arms and equipments required by the laws of the United States before recited, except such private as shall not be able so to provide himself. And no private shall be considered unable to provide himself with the arms and equipments required as aforesaid, unless he shall produce, after the first day of April and before the first Tuesday in May annually, to the commanding officer of the company to which he belongs, a certificate of such inability, from the overseers of the poor of the town or district where he resides. And the commanding officer of the company to which such private belongs shall forthwith lay such certificate before the selectmen of the town or district where such private resides. And it shall be the duty of such selectmen, forthwith,

towns to fur

at the expense of their respective towns or districts, to provide Selectmen of for every such private the arms and equipments required as nish arms in aforesaid, and they shall deposit the same in some safe and certain cases. convenient place, and shall permit the commanding officer of 1812 ch. 126. the company, to which such private, unable to provide himself aforesaid, belongs, to deliver such arms and equipments to such private, whenever his company shall be ordered out for any military duty. And the said commanding officer shall be responsible for the safe return of such arms and equipments to the place of deposit.

SECT. 10. Be it further enacted, That the uniform of the mi- Uniform dress, litia, except of companies of artillery, light infantry, cavalry, grenadiers, and riflemen, raised by voluntary enlistment, whose uniforms are regulated by the laws of the United States, before recited, shall be a dark blue cloth coat, with such facings and [* Such as the trimmings, and such hat or cap, waistcoat and pantaloons of in chief shall such colour and fashion, with half boots, or half gaitres, as a prescribe 1821 majority of the field officers of each regiment shall direct for 11 ch. 92, 2.] such regiment.

commander

ment.

be arrested for

SECT. 11. Be it further enacted, That every officer, non-com- Uniforms free missioned officer, and private shall hold his uniform exempted from attachfrom all suits, distresses, executions or sales for debt, or the payment of taxes. And no officer, non-commissioned officer or No person to private, shall be arrested on any civil process, during his going debt, while unto, returning from, or his performance of military duty, nor on duty. during his going unto, remaining at, or returning from any place, at which he may be ordered to meet for the election of any officer or officers. And no officer shall be arrested on any civil process while going unto, serving upon, or returning from any court martial, court of inquiry, or board of officers, upon which it may be the duty of such officer to attend.

mined.

SECT. 12. Be it further enacted, That the day of the appoint- Dates of comment or election of any officer shall be expressed in his com- missions determission, and such day shall be considered as the date of his commission. And whenever an officer is transferred from one corps or station to another in the same grade, the day of the date of his original appointment or election shall be expressed in his new commission, and that day be considered the date of his commission. And when an officer shall, by fire or other casualty, lose his commission, upon his making an affidavit New com.nisthereof, before any judge or justice of any court of record, in sued, in case of the county where he resides, on such affidavit being produced loss by casualat the adjutant-general's office, he shall be entitled to receive a ty new commission, of the same tenor and date as the one so lost as aforesaid. And all officers when on duty shall take rank by the dates of their commissions as above defined. And when two or more officers of the same grade are on duty together, and their commissions bear an equal date, and former pretensions of some commission do not decide, then their relative rank with each other shall he determined by lot, to be drawn by them before the commanding officer present, and when on court. martial, before the president thereof.

SECT. 13. Be it further enacted, That whenever the office of

VOL. II.

30

In case of va- major-general, brigadier-general, lieutenant-colonel commandcancies of ma- ant, major commandant, or of captain, shall be vacant, the offi

jor-generals,

&c.

Vacancy of

commissioned

officers

pany has no of ficers nor non

commissioned officers

cer next in grade and in commission, in the division, brigade, regiment, battalion, or company, shall exercise the command, and perform the duties thereof, until the vacancy shall be supplied. And in case of the sickness, absence, or other inability clerks and non- of the clerk of any company, the commanding officer thereof is hereby authorized to appoint a clerk pro tempore, who shall be duly sworn, and shall, for the time being, have all the pow ers, and be subject to all the duties, and be liable to all the penalties of the clerk, in whose place he is put. And whenev er a company shall have neither officers nor non-commissioned officers, the commanding officer of the regiment or battalion, to which such company belongs, shall appoint suitable persons within said company to be non-commissioned officers of the same, and grant them warrants accordingly, one of which noncommissioned officers he shall appoint clerk, and shall endorse the warrant of the non-commissioned officer, appointed clerk, and administer the oath to him, as required by the commanding officers of companies, in the eighth section of this Act; and the senior non-commissioned officer of a company, while there are no commissioned officers in office, shall command the same; and all the authorities and powers of commanding officer shall be vested in him, until some commissioned officer is chosen or appointed, and has qualified himself. Provided however, that when a company, destitute of commissioned officers, shall parade with other troops, the commanding officer present shall assign some commissioned officer or officers to such destitute company, to command the same while on parade.

Artillery, how arranged and equipped.

SECT. 14. Be it further enacted, That in each brigade, where there are now or may hereafter be two companies of artillery, they shall form a battalion, and be entitled to a major, an adjutant, and a quarter-master; that in each brigade, where there are now, or shall hereafter be three companies of artillery, they shall still form one battalion; and that in each brigade, where there are now, or may hereafter be four companies of artillery, they shall form a regiment of two battalions, and be entitled to a lieutenant-colonel commandant. And each company of artillery shall be provided by the quarter-master-general with two good brass field pieces, of such calibre as the commander in chief may direct, with carriages and apparatus complete; an ammunition cart, forty round shot, and forty rounds of cannister shot; also tumbrils, harness, implements, laboratory, and ordnance stores, which may from time to time be necessary for their complete equipment for the field. And the commander in chief shall order to be issued to each company of artillery annually, a quantity of powder, not exceeding one hundred pounds, which shall be expended on days of inspection or review, and in experimental gunnery. And the commanding officer of every company of artillery shall be accountable for the careful preservation of the pieces, and all the apparatus aforesaid appertaining to their equipment, and for the proper expenditure of the ammunition supplied by the gov

ernment. And the commanding officer of every company of artillery shall lay before the committee on accounts for allowance, his accounts of money actually expended in providing horses to draw the field pieces and tumbril of his company: Provided however, no allowance shall be made, unless such company is ordered to appear at a battalion, regimental, brigade, or division inspection, or review, or to march out of the town in which the gun-house of such company is situated, or unless such company is ordered on duty by the commander in chief. And each commanding officer of a company of artillery is hereby authorized to enlist three men to serve as drivers, who, when enlisted, shall be exempted from other military duty.

SECT. 15. Be it further enacted, That where there are now, or may hereafter be, two companies of cavalry in a brigade, officered and Cavalry, how they shall form a battalion, and be entitled to a major, an ad- equipped. jutant, and a quarter-master. And in those brigades where there are now, or may hereafter be, three companies of cavalry, they shall still form a battalion ; and in each brigade, where there now or may hereafter be four companies of cavalry, they shall form a regiment of two battalions, and be entitled to a lieutenant-colonel commandant. And if any non-commissioned officer or private of any company of cavalry shall be destitute of a suitable horse and furniture for more than two months, at one time, it shall be the duty of the commanding officer of the company immediately to apply to the brigadier-general of the brigade, whose duty it shall be forthwith to discharge such non-commissioned officer or private from such company, and cause him to be enrolled in the standing company within whose bounds he resides, and if he be a non-commissioned officer, he shall be considered as reduced to the ranks. And when any draft or detachment shall be made from any company of caval ry for actual service, the men drafted or detached shall march with their own horses; and before they march, if there be time, the horses shall be appraised by three impartial men, to be appointed by the commanding officer of the brigade, to which the company belongs, from which the draft or detachment is ordered.

company may

of cavalry, &c.

SECT. 16. Be it further enacted, That no company of cavalry, No standing artillery, light-infantry, grenadiers, or riflemen shall be raised at large when any of the standing companies shall thereby be be reduced by reduced to a less number than sixty-four privates; and no offi- the enlistment cer of cavalry, artillery, light infantry, grenadiers, or riflemen, shall enlist any men belonging to a standing company, for the purpose of forming or recruiting his company, when, by means thereof, such standing company would be reduced to a less number than sixty-four privates; and if any company, raised at large, shall at any time be destitute of commissioned officers, and shall neglect to fill the vacancies for two months after being ordered to choose officers to fill them, or if any such company shall be reduced to a less number than twenty privates, and remain so for three months, then in either case as aforesaid, such company shall be disbanded, and the men which belonged to such delinquent company shall be enrolled in the standing

1821 ch. 92, $3.

cians.

company within the bounds of which they respectively reside. And all companies raised at large, and not annexed to any particular regiment, shall be subject to the orders of the commanding officer of the brigade in which they have been raised; and shall make their elections of officers in the same manner as other companies, but shall make their returns of elections to the commanding officer of the brigade. And at all parades of regiments, the companies commanded by the two senior captains shall act as light infantry companies, except where companies of light infantry, grenadiers, or riflemen, have been or may be hereafter raised and annexed to the regiment. SECT. 17. Be it further enacted, That each brigadier-general be, Brigadier-gen- and he hereby is authorized to raise by voluntary enlistment,and eral may enlist to organize and establish within his brigade, a band of music, not and organize a band of music. to exceed twenty-four musicians, including one master and two deputy-masters; and each brigadier-general may, at his discretion, divide such band into sections, not exceeding three, and establish them in such parts of his brigade, as in his opinion may most conduce to the good of the service; and the brigadiergeneral shall grant the musicians, deputy masters, and master of the band, warrants as such, and each band shall be under the direction of the commanding officer of the brigade in which it is raised. And it shall be the duty of the master Duty of musi- and deputy masters, to teach, lead, and command such band, or section of a band, and to issue all such orders as they may be by their brigadier-general authorised to, for those purposes. And each master, deputy master, and musician shall constantly keep himself provided with the uniform of the band to which he belongs, which uniform is to be prescribed by the brigadier-general; and shall also keep himself constantly provided with such instrument or instruments as may be directed. And if any master, deputy master, or musician shall be guilty of any neglect of duty, disobedience of orders, disorderly or other unmilitary conduct, he shall forfeit not less than ten, nor more than twenty dollars to the use of the Commonwealth, for Penalty for ne- each offence, to be sued for by the brigade-major of the brig glect. ade, in an action on the case, before any Justice of the Peace in the county where the offender resides, and no appeal shall be allowed to either party; and such master, deputy master, or musician, shall moreover be liable to be removed from the band, at the discretion of the brigadier-general, and shall forthwith be enrolled as a private in the standing company within the bounds of which he resides. And each master, deputy master, and musician of a band shall be exempted from all military duty, while belonging to the band, excepting such as shall be required of him by the brigadier-general, even if the company from which he enlisted should not be full. And it shall be the duty of every brigade-major, who may have recovered any forfeiture from any one belonging to the brigade band, to credit the Commonwealth for the same in his ac

count.