ed, when ta duelling, since the passage of that act, nor will I be so concerned, directly or indirectly, in such duel, during my continuance in office. So help me God. If the said oath be administered by a justice of the To be certifi peace, it shall be his duty to certify the same to the ken out of court of his respective county or corporation, there court. to be entered of record by the clerk. And the oaths aforesaid may be administered to such officer, by any justice of the peace of a county, or mayor or alderman of any corporation within this Commonwealth. And it shall be the duty of the officer, taking such oaths out of the county or corporation in which he resides, to transmit the certificate of such qualification, signed by such justice, mayor or alderman, to the court of the county where such officer may reside, there to be entered of record by the clerk. And every person hereafter cominis- To be taken sioned as a field officer, captain or subaltern, shall, in one month within one month after he shall have received his of commissi commission, take the oaths hereby prescribed; and, Commission in case of failure, he shall be considered as having vacated by fai vacated his commission; and it shall be the duty court's duty of the court of the county wherein such person has been nominated, to proceed forthwith to nominate some other person to supply the vacancy; and, in such nomination, to certify the cause thereof to the Executive. after receipt on. jure. thereupon. registered. 20. It shall be the duty of the Executive to Divisions, brinumber by ballot, where the same has not already giments to be gades and rebeen done, the several Divisions, Brigades and Re-numbered & giments, and cause the same to be registered in the office of the Adjutant General; and every com- Commission mission, hereafter issued by the Governor as afore- to express said, shall express the number of the Division, Bri- vision, &c. gade and Regiment respectively, to which the person obtaining the same shall belong. number of di When com. cers of battal 21. Where commanding officers of Regiments have failed to lay off their Regimental, Battalion manding offiand Company Districts, or where any alteration in ions and com Districts actually laid off, may hereafter be found panies shall necessary, commanding officers of Regiments shall to lay off or assemble the commanding officers of Battalions and be assembled alter districts. Lines and Companies, at some fit and convenient place, and may proceed to lay off or alter any such Battalion or Company District; which districts shall, in all bounds to be cases, be designated by certain lines and bounds, recorded by and recorded by the clerks of the Courts of Encourts of en- quiry, respectively: Provided, however, That no Board, how such alteration shall be made in any Battalion or be authorised Company Districts, unless the Board of Officers or to make alte. Regimental Court Martial, by which it may be clerks of quiry. organized, to rations. Divisions of done, shall consist of at least two field officers, and a majority of the Captains or Commandants of Companies, attached to the Regiment in which such alteration may be made. 22. Where it has not already been done, it shall companies by hallot from be the duty of the commanding officers of compaone to ten. for nies to proceed forthwith, to divide their companies into divisions, by ballot, from one to ten, for the duty. purpose of a regular routine of duty when called purpose of routine of Returns of such divisions battalions and into actual service; and to return a roster of each to command division, and its number in rotation, within fifteen ing officers of days thereafter, to the commanding officer of his regiments. Battalion, who shall forthwith transmit the same to the commanding officer of the Regiment, who shall direct the same to be recorded by the clerk of the Proviso, as to Court of Enquiry. The same regulations shall be personssub observed by every commanding officer of a Comrolled. pany, Battalion and Regiment, on the subsequent sequently en Persons re moving out of Company bounds to get certificates from commanding offieers; enrollment of any person therein, unless such person shall produce a certificate of his having been before drawn for the above purpose, in which case he shall be enrolled accordingly; and every Militia-man removing out of the bounds of one company into another, shall apply to the commanding officer of the company to which he did belong, who shall give him a discharge, certifying the class wherein he was arranged, and whether he had performed his tour of duty or not, and also the time And produce and date of such service; which certificate the said Militia-man shall produce to the Captain or commanding officer of the company, into whose bounds they remove. he shall so have removed, within ten days after his settlement; and such officer is hereby required to them to commanding of ficers, into whose bounds of neglect. enroll him in the numerical class specified therein; and every Militia-man, so removing, and failing to Consequence produce such certificate, shall be arranged and enrolled in the class destined to perform the next tour of duty. And if any Captain or commanding Penalty on officer of a company, shall refuse to grant such cer- officer refus tificate, upon application to him made for that pur- cate. pose, he shall, for such refusal, incur a penalty of thirty dollars, to be assessed and applied as other fines imposed by this act. ing certifi tailed to take field shall be mustered and inspected. 23. The commanding officer of the Regiment How men de shall be, and he is hereby authorised and required, the whenever a requisition is made for troops, to direct an officer to muster and inspect the men detailed from his regiment, to take the field, who, together with the Surgeon of the Regiment, shall certify to the court, herein directed to be holden, their opinions of the ability of the persons so detailed to perform military duty. The said commanding court of officer of the Regiment shall cause a Court of En- quiry at time quiry to sit at the time of such detail, or as soon as practicable thereafter, whose duty it shall be to hear and decide all questions which may arise in relation thereto. The officers of such courts shall Compensareceive the same compensation for their services as cers of such are allowed by law to the officers of other regimen- court. tal Courts of Enquiry. of such detail. tion to offi ter order re 24. No non-commissioned officer, musician or pri- Absence from vate, shall absent himself from his Regiment after regiment, af the Commandant thereof has received an order, re- ceived for dequiring a detail to be made, and of which the said tail forbidden. non-commissioned officer, musician or private, shall have been, in any way, or by any means, informed, until such detail shall have been made. And every Penalty on non-commissioned officer, musician or private, who absentee, unless he join shall absent himself as aforesaid, and who shall be the detach subsequently detailed to march in requisition, shall ment at place be considered and treated as a deserter, unless he vous, &c. join the detachment, with which he is so detailed for duty, at the place appointed for the rendezvous of such detachment, or shew that he was prevented from so joining by some unavoidable cause. of rendez Penalties on officers, &c. 25. Every officer, non-commissioned officer, or for disobedi private, who shall fail to obey the orders of the Preence of orders. sident of the United States, when communicated by any officer in the service of the United States, or by the Executive of this State, or otherwise, (not having a reasonable excuse, to be judged of by the Court Martial herein after mentioned,) or who shall fail to obey the orders of the Executive of this State, or the orders of any officer of the Militia, duly authorised to issue the same, shall forfeit a sum not exceeding one year's pay, and not less than one month's pay, to be adjudged and determined by a Court Martial; and such officer shall, moreover, be liable to be cashiered by the sentence of such court, and be incapacitated from holding a commission in the Militia, for a term not exceeding twelve months, On non-com- at the discretion of the said court; and such non-commissioned of missioned officer or private, as shall fail to appear vates failing at the place of rendezvous, when ordered as aforeSaid or failing to march when ordered, or to furnish a substitute as herein after prescribed, shall be liable to be imprisoned by a like sentence, on failure in payment of the fines adjudged as aforesaid, one calendar month for every five dollars of such fine, on the certificate of the clerk of the Court Martial assessing such fine; and shall, moreover, be enrolled in the division or class destined to perform the next tour of duty. ficers or pri nanbear at place of ren dezvous, &c. Court Martial to try a ma jor general for disobedi ders, how to ence of or. be ordered and constitut ed. 26. When any Major General or Brigadier General shall fail to obey the orders issued and communicated, as aforesaid, it shall be the duty of the Governor as soon as practicable after such failure shall have happened, to order for the trial of such Major General or Brigadier General, a court martial, to be composed, in the case of the trial of a Major General, of one Major General, at least, and as many Brigadier Generals, Colonels, Lieutenant Colonels and Majors, as shall form a court, to conHow, for trial sist of thirteen members; and in the case of a triof brigadier al of a Brigadier, to consist of at least one Brigadier, and as many Colonels, Lieutenant Colonels, Majors and Captains, as will form a court of not general. or other field missioued of less than nine, nor more than thirteen members; and when a Colonel or other field officer shall fail of a colonel, to obey the orders, issued and communicated as officer. aforesaid, it shall be the duty of the commanding officer of the Brigade, to which such Colonel, or other field officer, shall belong, to order, as soon as practicable, a court martial for the trial of such Colonel or other field officer, to consist of, at least, one Colonel, Lieutenant Colonel, or Major, of the grade, as the case may be, of the officer to be tried, as President, and as many inferior officers, not under the rank of Lieutenant, as shall form a court, of not less than seven, nor more than thirteen members; and when any other officer, non-commission- of other offi ed officer, musician or private, shall fail to obey the cers, non.com orders issued and communicated, as aforesaid, the ficers, musicians or priColonel, or commanding officer, of the Regiment to vates. which such officer, non-commissioned officer, musician or private, shall belong, shall forthwith, or as soon as practicable, order for the trial of such officer, non-commissioned officer, musician or private, a court martial composed of the officers of the Regiment, and consisting of one Lieutenant Colonel, or Major, at least, (if there be such officer in commission in the Regiment,) and as many Captains and subaltern officers, as will form a court of not less than five, nor more than thirteen members.— There shall be appointed to each of the aforesaid courts two supernumeraries; and they shall sit at such courts, such time and place, as the Governor, or officer or- when and dering the same shall direct; and, in the trial of a Brigadier General, the said courts shall be composed of officers taken from the Division to which such Brigadier shall belong; and in the trial of a Colonel, or other field officer, they shall be composed of officers taken from the Brigade, to which such Colonel or other field officer shall belong. The aforeaid courts shall proceed as is directed, and Compensathe members, clerk, recorder or judge advocate bers, clerks, and provost martial, shall be allowed the same compensation, and in the same manner, as is allowed cate and proin the case of other courts martial; and it shall be Duty of clerks, where to sit. tion to mem recorder or judge advo vost martial. |