issued; and shall sell the property so attached and seized at public auction, giving ninety days previous notice thereof, by two advertisements posted up in the town in which such bank or insurance company is located; and a deed of such estate made by such officer shall vest in the purchaser all the right, title and interest said bank or insurance company had therein at the time of the attachment and seizure thereof. SEC. 6. The foregoing act shall take effect on the first Monday of May next. SECTION An Act to regulate the Militia. Enrollment. 1. Who shall be enrolled and when. enrolled. 9. Paupers, &c., to be disenrolled. Of the Active Militia. 10. Active militia how composed and drilled. To be first called into service. 11. Artillery, infantry and cavalry corps, how organized. 12. Corps of the active militia twice refusing to elect officers, &c., may be disbanded. 13. Volunteer corps how organized; officers to be commissioned. Rank of officers how determinedwhat day commissions shall bear date. Officer losing his commission shall be entitled to duplicate. Commissions shall be delivered to adjutant general, and by him distributed. Brigade and field officers to signify their acceptance or refusal within thirty days-neglecting it, office to be vacant. Officers how qualified. Each commissioned officer shall be engaged on his commission. Officers how discharged. Officer having held commission five years, &c., may be discharged by the commmander-in-chief. SECTION 34. Resignations shall be in writing-to whom made, and how approved. How armed and equipped. SECTION Of Drafts and calling the Militia into Ser vice. 55. In case of war, &c., the commanderin-chief may order a draft from the enrolled militia. Order to whom directed and how executed. Officers to be commissioned, &c. In case of invasion, riot, &c., commander-in-chief or major general may call out militia in whole or in part. Senior officer to command. 35. Non-commissioned officers and privates of chartered or volunteer corps, of cavalry-of artillery and infantryuniform necessary part of equipment. 36. Chartered regimental company of light 56. infantry-grenadiers-riflemen-cavalry-how armed and equipped-to be furnished by quarter-master general on certain conditions. 37. Regimental company of artillery to be provided with field pieces, powder and equipments, by quarter-master gen 39. System of discipline. 40. Inspection and drill of regimental companies on third Monday in May, annually. 41. Brigade training in September or October annually-time and place of reviews. 42. Rank of brigades, &c., when in the field-senior officer to command. 43. Bounds of parade may be fixed-punishment for intrusion-for abuse. 44. Brigadier generals, inspectors, &c., to attend reviews. 45. Arms loaded with ball prohibited on parade, except, &c. 46. Military duty prohibited on town meeting day, &c. No election of civil officers shall be holden on third Monday of May. 47. Chartered or volunteer company may meet at any time. 48. Orders-general-division-brigaderegimental, and company-by whom distributed. 49. Commander-in-chief may order out whole or part of militia for review, &c. Rolls and Returns. 50. Rolls and orderly book to be kept by adjutant of regimental company. 51. Commanding officer shall make out roll of men and equipments and deliver it to brigade inspector. Brigade inspector to make like return to adjutant general. Adjutant general to make duplicate abstracts of active militia, for commander-in-chief and major general. Commanding officer of regimental company to make like returns, &c., to general treasurer. Volunteers not to be included. 52. Adjutant general to furnish blanks, &c. 53. Regimental companies to be uniformed-officers how equipped. 54. Arms, &c., exempt from attachment. 57. 58. 59. 60. 61. 62. 63. In actual service, military to be subject to articles of war, &c. Drafts for the service of the United States to be by lot. Company without officers being ordered to march, &c., officer shall be detailed to command. Officers and men neglecting to repair to rendezvous, &c., shall be punished. In case of riot, &c., in any county or city of Providence, sheriff, &c., may order out militia. Officer to whom order above is directed shall forthwith obey-refusal, to be punished. Surgeons and Assistant Surgeons. Surgeons, &c., to examine all applicants for certificates of disability, without fee. Any respectable physician may grant a certificate in certain cases. Persons may be exempt on presentation of certificate, not exceeding one year. Of Fines and Penalties of Officers, and the manner of enforcing them. 64. 65. 66. 67. 68. Other Fines and Penalties. Soldiers guilty of contempt-disobedience-riot, &c., shall be put under guard-may be fined or imprisoned. Fines and penalties in chartered companies to be governed by the charter, &c. Fine for non-attendance brigade training, six dollars-volunteers not included. In case of war, insurrection, riot, &c., soldier neglecting to appear at place of rendezvous, &c., may be fined and imprisoned. Penalty on assessors of taxes, town or city clerk, collector of taxes, town treasurer and town councils, for neglect, &c. How recovered and appropriated. Penalty on house-keepers, &c., refusing to give information concerning those liable to be enrolled. It is enacted by the General Assembly, as follows: OF THE ENROLLED MILITIA. SECTION 1. Every able bodied white male citizen in this state, who is or shall be of the age of eighteen years, and not exceeding the age of forty-five years, excepting persons absolutely exempted by the provisions of this act, and idiots, lunatics, common drunkards, paupers, vagabonds, and persons convicted of any infamous crime, shall be enrolled in the militia, as herein after provided. SEC. 2. The following persons shall be absolutely exempted from military duty in this state: Those exempted by the laws of the United States, to wit: the vice-president 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 are employed in the care and conveyance of the mail of the post office of the United States; all ferry men employed at any ferry on the post road; all inspectors of exports; all pilots, and all mariners actually employed in the sea service of any citizen or merchant within the United States: also, all persons who have holden the office of governor, or lieutenant governor; all persons who, after the last day of February, A. D. 1796, shall have holden any military commission or commissions, or staff office with the rank of an officer of the line, for the space of five years successively, and who shall have been engaged thereon accord ing to law, and been honorably discharged; and also, all persons who shall have holden any such military commission or commissions, or staff office aforesaid, for a less term than five years, and who have been superseded without their consent. SEC. 3. Persons of the following descriptions, as long as they shall remain of said description, shall be exempted from the performance of military duty, to wit: the justices and clerks of the supreme court, the justices and clerks of the courts of common pleas, the secretary of state, the attorney general, the general treasurer, the sheriff of each county, one ferryman at each stated ferry who usually navigates the boat, the keepers of light-houses within this state, all settled or ordained ministers of the gospel, the president, professors, tutors, students and steward of Brown University, the town councils of the several towns, the mayor and aldermen of the city of Providence, town and city treasurers, town and city clerks, practising physicians, practising surgeons-not including the pupils of either-preceptors and ushers of academies and schools, and engine men; and provided that no engine shall have more than twenty men, unless otherwise provided by special enactment; the members of fire hook and ladder companies, and chartered fire hose companies; all persons belonging to the Society of Friends, commonly called Quakers, and the inhabitants of the towns of NewShoreham and Jamestown, and of the island of Prudence; and such others as shall make oath or affirmation that they are conscientiously scrupulous against bearing arms, which fact shall appear by certificate of the magistrate before whom said oath or affirmation was given. SEC. 4. It shall be the duty of the town assessors of taxes in each town in this state, and in the city of Providence, annually to prepare a list or roll of all persons liable to be enrolled in the militia, as provided in the first section, living within their respective limits, whether such persons be or be not attached to any chartered or regimental companies; and on or before the first Monday of October in each year, to place the same in the hands of the town clerk of such town, and of the said city of Providence; and it shall be the duty of every such clerk to record such list or roll of names in a proper book of record, to be kept for that purpose, in every town in this state, and in the city of Providence. Annual returns of the militia, thus enrolled, shall be transmitted to the adjutant general in the month of October, in each and every year, by the clerks aforesaid, and by him to the president of the United States. SEC. 5. It shall be the duty of said assessors in each year, if possible at the time of assessing the town taxes, and at least before the time shall expire prescribed by law for the assessment of the registry tax, to assess upon all the persons enrolled in the militia as aforesaid, except the persons mentioned in the third section of this act, and persons holding military commissions, and members of regimental companies, or of volunteer companies actually doing duty in this state, and except in the towns of New-Shoreham and Jamestown, and that portion of the town of Portsmouth forming the island of Prudence, a tax of fifty cents each; distinguishing said tax in their assessment as a tax in commutation of military duty, and to deliver said assessment to the collector of the town taxes; and said tax shall be collected in the same manner as is by law provided for the collection of town taxes. Such assessment shall for all purposes, and before all courts, and in any action, matter or thing arising out of the assessment or collection of said tax, be final and conclusive as to the enrollment of the person taxed, and upon his liability to be enrolled and assessed as aforesaid; and no assessor or collector shall in any manner be called in question for the same. The warrants for the collection by legal process of such tax shall be issued in the name of the town treasurer, and any number of delinquents may be included as defendants in the same war rant. SEC. 6. The tax aforesaid is hereby declared to be an assessed tax within the meaning of the constitution, the payment whereof, in accordance with the constitution, shall, to the amount thereof, so far qualify the person so paying to vote; and the town councils of the several towns are hereby authorized to remit such tax to any persons in their respective towns, who in the opinion of said town councils are unable through extreme poverty to pay the same. SEC. 7. The collectors of taxes in the several towns are hereby required to collect said tax before the first Monday of April in each year, next succeeding the calendar year in which the same was assessed, of all persons against whom the same was assessed, except those to whom the same may have been remitted as aforesaid; and after retaining from the amount by them collected the expenses of collection, and six per cent. in full compensation for their services in collecting the same, shall on or before said first Monday of April in each and every year pay over the same to the general treasu rer. SEC. 8. Every keeper of a tavern or boarding house, and |