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SECT. 12. And be it further enacted, That to the CHAP.
XLII. end the militia when called into service by classes w shall be properly officered, the following order is hereby directed and enjoined to be observed, that is Drafts of the to say; for the first draft, the captains, lieutenants, Militia how of and ensigts holding the oldest commissions in each called into ser
ficered, and regiment; for the second draft, the captain, lieu- vice by classes. tenants, and ensigns holding commissions of the next oldest date ; and so on until the whole number of class ses have performed an equal tour of duty; the field officers of the division, and of every brigade, in this State, shall be divided in like manner, provided, that not more than one commissioned officer be drawn from any one company, nor a greater number of field officers from any regiment or brigade than the coma mander in chief may limit (respect being always had in like manner to the seniority of the commissions of such field officers) and each class to be considered as a detachment from different companies liable to serve three months, and no more, and to be relieved by the next class in numerical order; the relief to arrive at least two days before the expiration of the term of the class to be relieved : But nothing herein contained, shall prevent the governor, major-general or brigadiers, gency, the rule from employing and calling out part of any class or not to be rę.
garded. any company or companies, regiment or regiments, without respect to rule whenever the exigency is too sudden to allow the assembling of the militia, which compose the particular classes, and the service of those so called out shall be a part of their tour of duty; and the pay of the militia when called into actual When pay shall
commence and service shall commence two days before marching, end. and they shall receive pay and rations at the rate of fifteen miles per day on their return home,
Sect. 13. And be it further enacted, That when Pay of the Milithe militia, or any detachment thereof, are called into tia. servicę, the pay and rations of the officers, non-commissioned officers and privates, shall be the same as established by the general government of the United States.
CH A P. Sect. 14. And be it further enacted, That the rules XLII.
of discipline approved and established by Congress, in
their resolution of the twenty-ninth of March, one The rules of thousand seven hundred and seventy-nine, shall be of discipline: the rules of discipline, to be observed by the militia
of this State, except such deviations from the said rules as may be rendered necessary by the regulation of an act of Congress, entitled, An act more effcctually to provide for the national defence, by establishing an uniform
militia throughout the United States, or by some other Deviations from
unavoidable circumstances; and it shall be the duty of said rules.
every commanding officer at every muster day, whether by brigade, regiment, battalion, or single company, to cause the militia to be exercised and trained agreeably to the said rules of discipline ; but the cap
tains, or commanding officers of companies or troops, The men shall on company-days, shall not keep the men under arms not be kept un- lan
- longer than five hours, during which time it shall be der arms mure than five hours. the duty of the said commanding officers to have as
many of the evolutions prescribed in the said rules of discipline performed, as the nature of the case will admit.
Persons disa bled shall be
Sect. 15. And be it further enacted, That if any person, whether officer or soldier, belonging to the militia of this State called out into the service of this State, be wounded or disabled while in said service, he shall be taken care of, and provided for at the public expence; and if any horse shall be taken into service of the militia, either in troop, artillery, or waggons or otherwise, such horse or horses, shall by the brigade inspector, with two freeholders, be ap. praised immediately before the time of going into actụal service, and the said brigade inspector shall enter the same in a book ; and in case such horse or horses shall be killed, disabled, die or taken by the enemy, the owner or owners shall be paid the full value of such horse ; provided the said loss has not happened in consequence of the neglect or improper conduct of the owner of the said horse, or of his servant.
and if killed to be paid for.
Sect. 16. And be it further enacted, That from and
after the passing of this act, the militia in this State CHAP. shall be exercised in companies, once in the months war of April, September, October, and November in every year, at such time and place within the district, as Whe the captain or commanding officer of each company ercised in comshall appoint and direct; and in battalions in the panies, month of May in every year, within the bounds of in battalions, each battalion, as the major thereof shall direct; and in regiments as follows: the first regiment on the first and in regi
ments. Monday in June in every year; the second regiment on the Tuesday following; and the third regiment on
This section re
pealed in 3d vol. the Wednesday, and so on, according to their nume. 170. rical rank, on every day in the week, (Saturdays and Sundays excepted,) until the whole number of regi. ments shall have mustered and exercised in the aforesaid manner. Provided nevertheless, That it shall be the duty of the major, to give fifteen days notice, before the meeting of any battalion to the officers commanding companies; and it shall be the duty of Notice to be githe commanding officers of companies, to give notice venue ten days before the days of mustering, by at least mustering. three advertisements in the most public places in their respective districts, giving information of the time and place of muster, either in companies, battalions, or regiments.
Sect. 17. And be it further enacted, that if any Penalty on cap. captain or commanding officer of a company shall tain neglecting
to call out his neglect or refuse to call out his company agreeably to company: the directions of this act, he shall abide the decision of a court-martial who may cashier him if they see proper, and if any non-commissioned officer or private not having a reasonable excuse shall neglect or refuse when the roll is called over to answer to his name, or if answering to his name, shall not go into the ranks and there perform his duty, shall be noted On privates on the roll with the absentees of said companies and who refuse to
perform duty. be laid before a court-martial to be appointed for that purpose, who shall fine such person in any sum not exceeding two dollars; and as soon as the duty of the day is concluded, the captain or commanding officer shall cause the roll to be called, and every person at that time absent, without the commanding officers
CH A P. consent, shall be noted and returned among the abXLII.
SECT. 18. And be it enacted, That the captain or Captain to keep commanding officer of each of the companies or all fines : troops composing the militia of this State, shall enter
in a book, to be by him for that purpose provided,
an account of all fines, imposed on the officers, nonand transmit an account thereof commissioned officers, and privates, of his company to the commis- or troop; and shall cause to be transmitted, in the
month of January or February in every year but the [So much as in present, [and in the month of July in this and every ets, repealed in year,] a fair account of all fines, with his name sub3d vol. 170.] scribed, to the commissary of the brigade to which and a duplicate such officer may belong; and a duplicate thereof he to the brigadier shall transmit at the same time to the brigadier genegeneral, ral, and the said commissary and brigadier, when
they receive the said lists, shall indorse on them the time when they received the same, and they shall
both cause the amount of each list of fines, with the to be recorded ; date when they were received, to be recorded in books to be transmit; for that purpose to be provided ; and in the month of ted to the audi- November in every year, the brigadier shall cause to
be transmitted to the auditor of accounts all such
lists of fines by him received. And every captain or Penalty for not commanding officer, omitting, refusing or neglecting transmitting ac
to transmit the said lists in manner aforesaid, shall count of fines.
for every such neglect or refusal, be fined thirty dollars, which fine may be sued for and recovered by the commissary, before any justice of the peace, with costs, who is hereby required to give judgment for the same, whereupon the amount of such judgment may be levied and recovered, by any collector appointed by the said commissary, in the manner that other fines are directed to be recovered by the twentyfirst section of this act. Provided however, That if he
shall obtain from the field officers of his regiment, Unless excused by the field of- or any two of them, a certificate in writing, testifyficers. ing their opinion that such officer has given them a
satisfactory excuse for not transmitting the said lists, he shall be excused from the payment of such fine, and shall transmit to the commissary the said certific
cate, so attested, within one month after the omission to transmit such lists of fines, then the said officer shall be excused from the payment of the said fine.
Sect. 19. And be it further enacted, That there shall Commissary to be a commissary of military stores in each of the be appointed counties of this State, whose duty it shall be to collect for each county: all the public arms in their respective counties, and to
his duty. provide some convenient place where they may be safely kept; and shall cause every musket so collected or purchased to be branded on the but of the stock, with the words, State of Delaware, and shall equally portion the muskets so collected or purchased, with Public arms to the accoutrements amongst the different captains or be appointed commanding officers of infantry companies through wing the com
panies ; out the county ; each captain or commanding officer as aforesaid entering into a bond to the said commissary, in a penalty equal to double the value of the arms and accoutrements, with his subaltern officers securi. bond to be giv. ty thereto, conditioned for the safe keeping of said en for their safe
keeping: arms and accoutrements, but not for the wear and tear thereof; which arms and accoutrements, on field and company days, the said captain or commanding of. ficer shall deliver to such privates in their respective to whom they companies as are deemed not able to equip them- shall be deli selves; and every private receiving any of the said vered, arms and accoutrements as aforesaid, shall; immediately after the duty of the day be concluded, deposit the same in such place, as the commanding officer of
and how prethe respective companies shall appoint for the safe served. keeping of all such arms and accoutrements.
Sect. 20. And be it further enacted, That all sums of money, which shall come into the hands of any Appropriation military commissary, in pursuance of this act, shall of fines. by him be applied in purchasing and paying for colours, drums, fifes, muskets, with bores sufficient for balls of the eighteenth part of a pound, bayonets, car. tridge boxes, to contain twenty-four cartridges, and Caliber of arms for belts, also for paying musicians, as the field of to be purchased. ficers or a majority of them may direct: Provided that the payments made on account of orders drawn by the field officers, of any regiment, shall never ex