their men to attend all inspections, trainings, reviews, and elections, which may be ordered, and blank notifications and orders to be left and notificawith the men. U. S. Stat. May 8, 1792, § 6. 1809, 108, § 27.

tions.

SECT. 35. The captain or commanding officer of every com- Annual lists of pany raised at large shall, annually in the month of April, make out a volunteer com. list or lists of the names of the men belonging to his company, and nished to colopanies to be furdeliver the same to the commanding officer or officers of the regiment nels. or regiments within whose bounds such men reside.

EQUIPMENTS.

1809, 108, § 34, art. 12.

months after

SECT. 36. Every citizen, when first enrolled in the militia and Soldiers equipnotified, shall within six months thereafter provide himself with a ped within six good musket or firelock with a bore sufficient for balls of the enrolment. eighteenth part of a pound, a sufficient bayonet and belt, two spare How equipped. flints, and a knapsack, a cartridge box to contain not less than twenty-four cartridges suited to the bore of his musket or firelock; twenty-four such cartridges, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder.

The commissioned officers shall be severally provided with a sword Officers how equipped. or hanger. And all soldiers shall, after said six months, be constant- Soldiers to keep ly provided with arms, accoutrements, and ammunition, agreeably to equipped. the laws of the United States; but no person shall be held to do Exempted from duty until the expiration of said six months from his first enrolment duty until six in the militia of the United States. The arms, ammunition, and enrolment. accoutrements of the militia shall be inspected by the brigade inspectors at all reviews of the militia composing their several brigades. U. S. Stat. May 8, 1792, § 1 and 10. March 2d, 1803, § 2.

1809, 108, § 9. Haynes v. Jenks, 2 Pick. 172.

months after

selves.

SECT. 37. No private shall be considered unable to provide him- Soldiers unable self with the arms and equipments required in the last section, unless to equip themhe shall, between the first day of April and the first Tuesday in May, produce to the commanding officer of the company to which he belongs, a certificate of such inability from the overseers of the poor of the city, town, or district where he resides; and such command- How equipped. ing officer shall forthwith lay said certificate before the mayor and aldermen of the city, or the selectmen of the town or district where such private resides. And it shall be the duty of such mayor and aldermen or selectmen forthwith, at the expense of their respective cities, towns, or districts, to provide for every such private the arms and equipments required as aforesaid, and they shall deposit the same in some safe and convenient place, and shall permit the commanding officer of the company to which said private belongs, to deliver such arms and equipments to such private whenever he shall be required by law to use the same, and the said commanding officer shall be re- Such equipsponsible for the safe return of such arms and equipments to the place ments how preof deposit. And if such mayor and aldermen or selectmen shall neglect to provide arms and equipments as aforesaid, each of them Penalty for neglect to furshall severally forfeit the sums provided in such case by section one nish. hundred and seven. 1809, 108, § 9.

served.

Minors how equipped.

When unable

how equipped.

SECT. 38. All parents, masters, or guardians, shall furnish all minors under their care, enrolled in the militia, with the arms and equipments required by law, and if any parent, master, or guardian shall neglect to provide such minor with such arms and equipments, he shall be liable to fines and forfeitures as provided in such case by sections one hundred and six and one hundred and one, for each such deficiency or neglect, unless they shall before the first Tuesday in May annually, produce to the commanding officer of the company in which such minor is enrolled, certificates from the overseers of the poor of the city, town, or district in which such minors severally reside, of their inability to provide arms and equipments as aforesaid, and upon the production of such certificates the same proceedings shall be had as are prescribed by the last section and under the same penalty. 1809, 108 § 28. SECT. 39. Every officer of the line and staff, and every officer to be provided. and soldier of any uniformed company, shall provide himself with an uniform complete, which shall be such as the commander in chief shall prescribe, and subject to such restrictions, limitations, and alterations as he may order. And every such soldier deficient therein shall be liable to the penalty provided in section one hundred and one. 1821, 92, § 2.

What uniforms

Cavalry how equipped.

Unprovided

with horse to

be discharged.

Privates in artillery how equipped.

Cannon to be furnished.

SECT. 40. Each dragoon shall furnish himself with a serviceable horse at least fourteen hands and a half high, a good saddle, bridle, mail pillion and valise, holsters, and a breast-plate and crupper, a pair of boots and spurs, a pair of pistols, a sabre, and a cartouch box to contain twelve cartridges suited to his pistols, and shall be liable for deficiencies at any parade to the forfeitures provided in such case in section one hundred and one; and if any non-commissioned officer or private in a company of cavalry shall for more than three months be unprovided with a horse and equipments as aforesaid, the commanding officer of his company may apply to the brigadier general of the brigade, whose duty it shall be to discharge such noncommissioned officer or private from such company.

Stat. U. S. May 8, 1792, § 4. 1809, 108, § 15. SECT. 41. Each officer, non-commissioned officer, and private in the artillery shall furnish himself with a sword or hanger and belt, and shall be liable for any deficiency to the penalty provided in such case in section one hundred and one. Every company of artillery shall be furnished with two good brass field-pieces of such calibre as the commander in chief shall direct, with carriages and apparatus complete, an ammunition cart, forty round shot, and forty rounds of cannister shot, also tumbrils, harness, implements, laboratory and ordnance stores, which may from time to time be necessary for their complete equipment for the field, to be provided as is prescribed in section forty-four. And the commanding officer of each company how preserved. of artillery shall be accountable for the careful preservation of the pieces and the apparatus appertaining to their equipment.

Cannon &c.

Uniform, arms, and ammunition not to be attached.

1809, 108 $14. SECT. 42. Every officer, non-commissioned officer, and private shall hold his uniform, arms, ammunition, and accoutrements required by law, free from all suits, distresses, executions, or sales for debt or payment of taxes.

U. S. Stat. May 8, 1792, § 1. 1808, 109, § 11.