and private, belonging to the regiment, shall attend, armed and equipped according to law. 1852. Disobedient, or disorderly con § 15. If any officer, non-commissioned officer, musician, or private, shall behave disobediently or mutinously, when mutinous, on duty, at any parade or training, or before any court or board, directed to be held by this chapter, or shall attempt, by fantastical dress, or in any other manner, to ridicule or produce confusion in the same, the commanding officer present, or the court or board, shall have power to confine him under guard, during the parade or sitting of the court; and, moreover, if he be a commissioned officer, he shall be cashiered and fined, by any court or board, in any sum not exceeding fifty dollars; and if a non-commissioned officer, musician, or private, may be confined, in like manner, and be subject to a fine, in any sum not exceeding twenty-five dollars. And if any private citizen, or by-stander, shall molest or insult any officer or soldier, while on duty, or shall be guilty of disorderly conduct, as above described, the commanding officer, or the court or board, shall have power to confine him under guard, during the parade or sitting of the court or board, and he shall also be subject to a fine, in any sum not exceeding twenty dollars, to be collected as other fines. Exemption arrest, &c. § 16. All arms, ammunition, and equipments of every militia man shall be exempt from executions and distresses from execution, at all times; and their persons from arrest, except for treason, felony, or breach of the peace, while going to, continuing at, or returning from musters, or any military court; and when detailed for the service of this state, or of the United States, and after receiving marching orders, no arrest or process in civil cases shall be served on them, and they shall be exempt therefrom during their continuance in service. Orders to be § 17. Brigade inspectors, adjutants of regiments, and commandants of companies shall severally keep a book recorded. in which all orders shall be recorded, whether directed to or emanating from them or their commanding officers. ARTICLE VIII. Time and man. tion. § 1. That, hereafter, when any person accepts a military commission, he shall not be permitted to resign the ner of resigna. same, except in the month of January, in each year; and all resignations shall be made in the following manner, towit: All company and regimental staff officers shall tender their resignations to the commandants of regiments; regimental field and brigade staff officers, to the commandants of brigades; brigadier generals and division staff officers, to the commandants of divisions; and major generals, adjutant general, and quartermaster general, to the governor and commander-in-chief. § 2. It shall be the duty of every officer, previous to his 1852. Officer resign. ing, &c.. to de liver public arms, &c., to next in command. resigning or removing out of the bounds of his command, to deliver the public arms, if any, the laws, rolls, and returns that may be in his possession, to the next officer in command, and take his receipt therefor. Any person failing so to do, shall be subject to a fine of any sum not exceeding fifty dollars, to be assessed by any court martial or Fine for fail court of assessment, notwithstanding such officer may have resigned or removed out of the bounds of his command; which fine, if on a regimental (other than field) officer, shall be applied to the use of said regiment. ure. Officers required to take oath. Duplicate of eath to be filed. Fine for fail ing to take oath. Penalty for exercising duties of office before taking oath. Twelve months ered a removal. § 3. It shall be the duty of every officer hereafter elected or appointed in the militia of this state, within twenty days after receiving his commission, and before he acts under the same, to appear before some justice of the peace in the county in which he resides, or before the county court, who shall administer to such officer the following oath or affirmation: "You do solemnly swear (or affirm) that you will support the constitution of the United States and of this state; that you will be faithful and true to the commonwealth of Kentucky, so long as you continue a citizen thereof; and that you will faithfully execute the office of -, according to law and the best of your understanding;" and also the oath prescribed by the law more effectually to suppress the practice of dueling. A certificate thereof shall be indorsed on the commission at the time of taking the oath; and the officer thus qualified shall be obeyed and respected accordingly. 4. Every regimental officer taking the aforesaid oath, shall, within twenty days thereafter, file with the adjutant of his regiment a duplicate of the aforesaid oath, which shall be preserved with the papers of his office; and any officer failing to take such oath within the time prescribed by law, and filing copy of same with the adjutant, shall be subject to a fine of not less than three nor more than five dollars; and the adjutant shall report all such delinquent officers to the regimental court of assessment. § 5. If any officer, before he shall have taken the oath prescribed by this act, shall exercise any of the duties of such office, he may, if a field officer, be fined in any sum not exceeding fifty dollars, at the discretion of a brigade court martial; if below the rank of a field officer, he may be fined in any sum not more than twenty-five dollars, to be assessed by a regimental court, and to be applied to the use of said regiment. § 6. If any commissioned officer shall absent himself from the duties of his command for the space of twelve absence consid months, unless he be employed in public business, it shall be deemed equivalent to a removal, and his office vacated, and the governor, major general, brigadier general, or commandant of a regiment, as the case may be, shall immediately proceed to cause such vacancy to be filled. And if any commissioned officer shall labor under any bodily infirmities, mental disability, or habitual drunkenness, the governor, major general, brigadier general, or commandants of regiments, as the case may be, shall order a court of inquiry, and if, on investigation, they shall report to the officer ordering the court, that the officer charged does labor under such bodily infirmity, mental disability, or habitual drunkenness, to such extent as to disqualify such officer for the faithful discharge of his duties as such, and the officer ordering the court shall approve the report of said court, the office shall thereafter be considered vacated; and the governor, major general, brigadier general, or commandants of regiments, as the case may be, shall take proper measures for filling such vacancy. In all cases where the opinion of said court shall go to vacate the office of any officer, above the rank of captain, the governor and commander-in-chief shall first approve the same. Uniform and ficers. § 7. The following shall be the uniform and equipments of the several officers of the militia of this state, in which equipment of of they shall appear at all times, when required to attend any parade or court directed by this chapter: Every general officer, blue coat and pantaloons, made in the fashion of the United States uniform, red sash, yellow buttons, gilt or gold epaulets, boots, spurs, a round black hat, black cockade and stock, white plume, gilt small sword or hanger, and pistols and holsters. Each division and brigade staff officer, a plain blue coat and pantaloons, and, in all other respects, to conform to that prescribed for general officers, with the exception of the number of epaulets, as hereafter provided for. Each regimental field officer, blue coat and pantaloons, made in the fashion of the United States uniform, with white buttons, silver epaulets, round black hat, black stock and cockade, white plume, tipped with red, red sash, boots, spurs, pistols, and holsters, and white small sword or hanger. Every company officer, a plain blue coat and pantaloons, a round black hat, black stock and cockade, red plume, silver epaulet, small sword or hanger. The regimental staff officers shall wear the same uniform prescribed for company officers, except that their plumes shall be white, tipped with red, and shall have pistols and holsters. 1. Chaplains, surgeons, and surgeons' mates, shall not be compelled to appear in any uniform, but to wear a black plume. 2. All officers may be permitted to wear uniforms in the style of the United States' uniform. 3. The division inspectors, quartermasters, and brigade major, shall wear two epaulets; brigade quartermasters and aid-de-camp, one epaulet, to be worn on the right 'shoulder; captains, one epaulet, on the right shoulder, and 1852. Pay of adjutant. regimental provost judge advocate, and marshal. Rate of fines. Major general. Brigadier gen eral. eral. general. Commandant of regiment. all subaltern and regimental staff officers, one epaulet on the left shoulder. § 8. Adjutants of regiments shall be allowed one dollar and fifty cents per day for attending battalion, drill, and regimental musters; regimental judge advocates shall receive one dollar and fifty cents per day, when attending any of the courts authorized under this chapter; and provost marshals, one dollar per day, when attending as aforesaid; all of which shall be paid out of the funds of the regiments to which they belong. § 9. That the fines to be inflicted, under the provisions of this chapter, shall, without a reasonable excuse, be assessed as follows, viz: On any major general, for a failure to perform the duty or duties enjoined on him by this chapter, any sum not less than twenty nor more than fifty dollars, and for failing to make his annual return, within the time prescribed by law, fifty dollars. On every brigadier general, for failing to make his annual return, within the time prescribed by law, forty dollars, and for failure to perform any other duty or duties required of him by this chapter, any sum not less than fifteen nor more than forty dolAdjutant gen lars. On the adjutant general, for failing to perform any duty or duties required of him by this chapter, any sum not exceeding fifty dollars, and for failing to make his anQuartermaster nual return, one hundred dollars. On the quartermaster general, for failing to perform any duty or duties enjoined on him by this chapter, any sum not exceeding fifty dollars. On the commandants of each regiment, for failing to make his annual return within the time prescribed by law, twenty-five dollars; for failing to settle with the paymaster of his regiment, one hundred dollars, and for failing to perform any other duty or duties required by this chapter, in any sum not less than five nor more than twenty dollars, for each offense. On every lieutenant colonel or major, failing, when notified, to attend to settle with the paymaster, seventy-five dollars, and for failing to perform any other duty or duties required by this chapter, any sum not less than five nor more than fifteen dollars, for each offense. On every captain, for failing to make his annual return within the time prescribed by law, ten dollars, and for failing to perform any other duty or duties required of him by this chapter, any sum not less than five nor more than ten dolLieutenant.en lars, for each offense. On each lieutenant, ensign, or cornet, for failing to perform any of the duty or duties required of them by this chapter, any sum not less than three nor more than five dollars. On each sergeant major, quartermaster sergeant, drum and fife major, sergeant and corporal, for failing to perform any of the duty or duties enjoined on them by this chapter, any sum not less than one dollar and fifty cents, nor more than four dollars, for each offense. On every private, for disobedience of orders, Lieutenant colonel or major. Captain. sign, or cornet. Sergeant, ma jor, &c. Private. 1852. Aid de camp. Adjutant. Paymaster. three dollars, for failing to attend musters, not less than one nor more than three dollars. On every aid-de-camp, for failing to obey the orders of his major or brigadier general, or for failing to comply with any duty or duties required of them by this chapter, any sum not less than five nor more than fifteen dollars. On every division inspector or quartermaster, or brigade inspector or quartermaster, for failing to obey the orders of their generals, or for failing to perform any duty or duties assigned or required of them by this chapter, any sum not exceeding fifteen dollars for each offense. On every adjutant, for disobedience of orders, or for failing to perform any of the duty or duties enjoined on them by this chapter, any sum not less than three nor more than ten dollars. On regimental paymaster, for failing to enter into bond for a faithful discharge of his duties, within three months from the receipt of his commission, any sum not exceeding fifty dollars; for failing to settle with the sheriff, or field officers of his regiment, annually, as required by this chapter, any sum not less than fifty nor more than one hundred dollars, and for any other failure to perform duty, five dollars for each offense. On any surgeon or surgeon's mate, for failing to attend a court or board, for the examination of invalids, five dollars, and for failing to perform any other duty or duties required of them, five. dollars for each offense. On every quartermaster, for failing Quartermaster. to perform any duty or duties required of them by law, or disobedience to his commanding officer, five dollars for each offense. On every judge advocate, for a failure to comply with any duty or duties required of him by law, not otherwise provided for herein, five dollars for each offense. And the commanding officers of divisions, brigades, and regiments, are hereby authorized to order courts martial, or courts of inquiry, at their discretion, for the trial of, and to assess the fines or any delinquent; which fines shall be collected and accounted for agreeably to law. ARTICLE IX. 1. There shall be courts martial or courts of inquiry ordered, whenever necessary, to hear complaints of inability, and for the trial of all officers, non-commissioned officers, musicians, and privates who fail or refuse to march when ordered into the service of this state or of the United States. Commandants of companies, when mustered into the service of this state or of the United States, finding any part of his command fail in complying with the orders they shall have received, shall report the same to the commandant of the regiment from which such delinquent detail was made; whereupon a court shall be ordered for the trial of such person, notice being first given in writing and left at the house of such delinquent officer or soldier, or his place of residence at the time he was detailed for service ; Surgeon, &c. Judge advocate. Courts mar tial to be order. ed to assess fines. |