CHAP. 1799 Commissaries ceed the amount of money received for fines, from any such regiment; and provided, that no second order drawn shall be paid, until an exact account of the disbursements of the money last paid, with proper vouchers be rendered the said commissary: And the captains or commanding officers of all troops of horse, and captains or commanding officers of artillery, shall have power to draw orders on the said commissary, for the payment of their respective instruments of musick and their musicians; which order or orders shall be countersigned by the brigadier. SECT. 21. And be it enacted, That every military shall give bond; commissary, that has been or shall be appointed, before he enters upon the duties of his office, shall give bond, in the name of the State, with one or more sureties, to be approved of by the brigadier general, in the sum of two thousand dollars, conditioned for the faithful performance of the duties of his office; which bond the brigadier shall immediately forward to the auditor; and it shall be the duty of the commissary once in every year, and not oftener, to have the fines collected which have been imposed within the brigade to which he belongs, and the accounts of which have been transmitted him in the manner herein prescribed, and for this purpose he is hereby authorized and empowered, to appoint such, appoint collec- and as many collectors as he may think proper; and each collector, shall be by him furnished with a list of all fines, to be collected within the district, for which such collector may be assigned; which list shall be signed by the commissary; and there shall be annexed to each list, a warrant from the said commissary, which he is hereby authorized and empowerCollector recei- ed to issue, authorizing such collector, after having shall collect fines once a year; authorised to tors. ving a larger sum, than the fine due, to return the over plus. given ten days notice, by at least three advertisements, set up in the most public places in his collectiondistrict, to demand and receive from all delinquents, the several fines which they have been adjudged to pay; and in case of refusal or neglect to pay the same, to levy and recover such fines with constable's cost, in the same summary mode, and as fully and СНА Р. XLII. 1799 amply to all intents and purposes, as the collectors of county-rates and levies, may or can, by the laws of this State, collect such rates, and levies; and if any collector shall in any case levy for, or receive a larger sum than the amount of the fine actually due, and of constable's costs, or in case of sale being made, for the recovery thereof, shall not within ten days after such sale, return the overplus, if any, to the person whose property may be sold, the party aggrieved is hereby authorized and empowered to sue for, and recover be- Penalty for negfore any Justice of the peace from the said commissary or his collector, ten dollars, with costs of suit, in addition to the sum which the said party may have paid over and above the fine actually due. lect. glecting to pay over to the Commissary, the fines by him collected. SECT. 22. And be it enacted, That if any collector Penalty on Colappointed by the commissary shall neglect or refuse lector, for neto pay over the money which he may have received C for fines unto the commissary whenever thereunto by him required, after retaining the amount of the commissions or compensation, which the said commissary may have contracted to allow the said collector, then the said commissary is hereby authorized and empowered, to sue for and recover the same, with costs, before any Justice of the peace, who is hereby requir ed to issue execution without stay against such collector, in favour of the commissary for the sum recovered, empowering and requiring any lawful constable to levy therefor with costs, in the like manner with debts under forty shillings. shall settle an nually with the Auditor. SECT. 23. And be it enacted, That the commissary Commissary shall annually appear before and settle with the Auditor, in the month of December; when he shall produce to him the list of fines, transmitted him by the returning officers, and a fair account of his transactions as commissary; and the said auditor shall charge the said commissary with the amount of each list of fines, with the fine of every officer, who has neglected to return his lists, as directed by this act, and with all other money which he may have received, and then shall credit him with all monies expended by him in pursuance of the directions of this act, if pro N СНАР. 1799 per vouchers for such expenditures are exhibited, with the amount of all orders drawn upon, and paid by him, by the field officers; provided the money paid to the orders of the field officers of any one regiment does not exceed the nett money arising from fines within the district of such regiment; and provided it shall appear, that no second order was paid by him until the money paid upon the former order had been regularly accounted for with vouchers; and further, the auditor shall credit the said commissary with the amount of all fines, on returning officers, the payment of which it shall appear from the certificate of the field officer, as herein before directed, have been excused; with the amount of all lists of delinquencies passed by the field officers, or a major part of them, of the regiment wherein the said fines have been imposed; Provided however, That the said field officers do declare, in a certificate to be attached to such list of delinquencies, that they believe neither the commissary, or any of his collectors, have been guilty of neglect with regard to the said delinquencies; and the auditor shall further credit the said commissary, with the sum of twenty dollars for every hundred dollars, which he shall collect, in compensation for the trouble of the said commissary, and his collectors, in cǝllecting the fines; it being intended that the commissary shall make his own bargain with the collectors, and be responsible to them for the compensation he may agree to give them for their trouble: And if the said commissary shall neglect or refuse to appear and settle as aforesaid, or after settlement, shall neglect or Penalty for ne refuse for the space of one month, after such settlement, to pay over unto the State treasurer the balance due on the said settlement, he not having therefor an excuse sufficient in the opinion of the commander in chief, he shall not be entitled to the commissions allowed him by this act; and the auditor shall immediately give notice to the governor of such neglect or refusal, in order that he may commission some other person to be commissary in his place; and the auditor shall caues a suit forthwith to be instituted against the said commissary, upon his bond, in which suit there shall be recovered, besides cost of suit, His compensation. Icct. CHAP XLII. 1799 the whole amount of the lists of fines, which have been returned to the brigadier, and of such other lists, as can be proved to have been returned to the said commissary, as well as the amount of all other monies received by him, and of the fines incurred by officers, neglecting to make regular returns, deducting only therefrom the lists of delinquencies attested in the manner required by this act, and the amount of those fines on the returning officers, the payment of which may have been excused in the manner herein before directed; and of such payments and expenditures as he shall prove that he has made conformable to this forward to the And the field officers who attest any list of de- Auditor, a list linquencies, shall forthwith forward to the auditor the of delinquenamount and date of the list so passed, and the State treasurer, whenever any payments are made to him by the commissary, is hereby required immediately to transmit to the auditor the amount and date of such payments. payments. cies. Treasurer to foramount of ward the How the Mili tia when called into service shall be notified. SECT. 24. And be it further enacted, That when any class or classes, or parts of classes of the militia, shall be called to perform any tour of duty, the adjutant general shall give the orders to the brigade majors, which orders shall be given by the brigade major to the captain or commanding officers of the several companies in his brigade, who shall, immediately give notice to such non-commissioned officers and privates, in their respective companies, as shall be obliged to perform the same; and every non-commisioned officer and private so notified to perform any tour of duty, shall either perform the same in person, or find a substitute to perform the same in his stead, or pay a sum of money not exceeding forty dollars, which shall be applied by the captain or commanding officer of the company to which the person belongs, so neglecting or refusing to perform his tour of duty, to- unless excused wards procuring a substitute as aforesaid, which sum by a court mar. shall be recovered in the same manner as fines and tial. forfeitures are recovered by this act, unless excused by a court-martial. SECT. 25. And be it further enacted, That if any Penalty on priperforming vates, for not a tour of duty, СНАР. 1799 Penalty on officers for not per forming a tour of duty. Governor, &c. to review the Militia. The adjutant general, his duty. commissioned officer shall refuse or neglect to perform his tour of duty, when called on, he shall forfeit his commission, unless excused by a court-martial; also all other military duties, that may be required of him, so as to conform to the requisition of this State, or the Executive of the United States, he neglecting or refusing, shall abide the determination of a courtmartial, according to the articles of war established by the General Assembly of this State. SECT. 26. And be it further enacted, That the Governor may review the militia of the State at his pleasure, the major general shall review at least one brigade once in every year, the brigadier general shall review the regiment in his brigade every year. SECT. 27. And be it further enacted, That there shall be an adjutant general in the State, whose duty it shall be to distribute all orders from the commander in chief of the State to the several corps, to attend all public reviews when the commander in chief shall review the militia, or any part thereof; to obey all orders relative to carrying into execution, and perfecting the systems of military discipline, established by this act; to furnish blank forms of different returns that may be required; and to explain the principles on which they should be made; to receive from the several officers of the different corps throughout the State, returns of the militia under their command, reporting the actual situation of their arms, accoutreOfficers to make ments, &c. and every other thing, which relates to the returns, agreea- general advancement of order and discipline; all which ble to forms of several officers of brigades, regiments, battalions and the adjutant general, to be laid before the Governor. companies, are required to make agreeable to the forms and direction of the adjutant general, so that the adjutant general may be duly furnished there. with; from which returns he shall make proper extracts, and lay before the Governor or commander in chief of the State, to be by him laid before the General Assembly of the State, the number of effective men in each brigade, state of the militia, magazines and military stores, &c. and the said adjutant shall transmit a duplicate of the same to the Presi |