Article 4. Said company shall meet and perform street or field duty at least four days in the year, upon penalty of paying to and for the use of said company when the parade shall be ordered by the commanding officer of the company, for each and every neglect, a fine not exceeding six dollars for the colonel, four dollars for each other commissioned officer, and three dollars for every other member of said company. Said company, or the greater part of them, shall have power to make such rules, by-laws and orders for their government as they may think fit, provided the same are not inconsistent with law or the provisions of title thirty-four, and to establish such fines, forfeitures and penalties, and the manner of imposing the same, as they may think necessary, so as the same exceed not six dollars for any one offence. Said company shall parade, under like penalties, at such times as their commanding officer or other superior officer shall order.

Article 5. For all fines, forfeitures and penalties incurred for the violation of the rules, by-laws and orders of said company, or under this charter, or of the provisions of title thirty-four, the commanding officer, within ten days after any member may have incurred the same, shall cause said delinquent to be notified in writing of the penalties incurred by him, and if said delinquent shall fail to excuse himself to the satisfaction of the commanding officer or of the company within ten days after such notice given, then the commanding officer may issue his warrant under his own hand, and seal of said company for said penalty or penalties, which warrant shall be directed to the sheriff or his deputy, or any town or city sergeant or constable in the town or city in which such delinquent resides, who are hereby required to execute the same. Said warrant may be levied on the goods and chattels of said delinquent, and for want thereof on his body, in which case the officer shall commit him to jail, there to be kept until such fine, with law. ful fees for warrant and service and jail fees, be paid, not exceeding, however, a period of ten days.

SEC. 6. In making out such charter, the secretary, under direc tion of the governor, shall be authorized to fill the blanks therein according to the circumstances of each case; and such charter shall have the same effect as if specially granted by the general assembly, and may be given in evidence in the same manner as any other act of incorporation, and the persons named therein and their associates and successors shall be entitled to exercise all the powers therein granted, and shall be subject to all the duties and liabilities thereby imposed, and shall also be subject to all the provisions of this title. Until the time appointed for the annual election by any company organized under the provisions of this chapter, the governor may appoint and commission such officers as he may think necessary for the well ordering and disciplining of such

company.

SEC. 7. Whenever any corps of the active militia shall be destitute of commissioned officers, or shall be reduced to a less number than thirty active members, it shall be the duty of the major-general to order an examination to be made into the state of the com

pany, and to report thereon to the governor, who shall cause the commanding officer of said company to be notified thereof, and if said company shall not, after such notice, fill its ranks to at least forty men, and make return of an election of officers within three months after such report to the governor, then such company shall be disbanded by the governor, unless such company has other privileges secured by charter: Provided, that when the charter of any of the present companies of artillery shall be forfeited, and such company or companies be disbanded, no such charter shall be revived or other companies of that arm be organized, until the proportion of artillery shall be reduced to that of one fifth the entire active militia of the state, beyond which in time of peace it shall not be increased.

SEC. 8. Whenever twenty men or more shall have enrolled and equipped themselves, as a volunteer corps, it shall be the duty of the governor to appoint and commission such and so many officers for the same as he may deem necessary, so that the commanding officers of any such corps shall in no case hold a higher commission than that of captain; and all the commissioned officers of every such corps shall be equipped and uniformed as the governor shall prescribe, but such corps shall be composed only of persons enrolled in the militia.

SEC. 9. It shall be the duty of the governor to place every such volunteer corps under the command of the commanding officer of such chartered company as he may select within the brigade, for the purpose of training, disciplining and improving them in martial exercises, at the brigade training hereinafter prescribed; and such volunteer corps shall, for the purpose of such brigade training, be considered as attached to the company of such commanding officer, and shall in all respects during the day of such brigade training be subject to his lawful commands. Notice of the time and place of the brigade training need be given by the commanding officer of said chartered company to the commanding officer of the volunteer company only.

SEC. 10. The members of every such volunteer corps shall train or do military duty according to law, within the meaning of the constitution, and of this title, only on the day of the brigade training, and when attached and commanded as aforesaid: and the certificate or return of the commanding officer of the company to which their corps is attached that they have been enrolled, equipped, and have done duty on the day of the brigade training, according to law, shall alone be sufficient evidence to enable them to vote on account of the performance of military duty.

CHAPTER 233.

OF THE ORGANIZATION OF THE MILITIA, AND HOW OFFICERED.

SECTION 1. The chartered companies in the county of Providence, and all other chartered companies attached to the line, and the enrolled militia in this state, shall be arranged in one division, consisting of five brigades. Persons belonging to either of these classes in the county of Newport, shall constitute the first brigade. Those in the county of Providence, the second brigade; those in the county of Washington, the third brigade; those in the county of Kent, the fourth brigade; and those in the county of Bristol, the fifth brigade.

SEC. 2. The officers and non-commissioned officers of the militia shall be as follows, to wit: the governor, for the time being, shall be captain-general and commander-in-chief; and he shall command, except when the militia shall be called into the service of the United States; and he shall be entitled to appoint his own aids, with the rank of colonel..

SBC. 3. There shall be an adjutant-general, who shall have the rank of brigadier-general. He shall perform the duties of inspectorgeneral, and shall be the chief of the staff department, and all orders to and returns and reports from the other officers of the staff department shall be made through and to him.

SEC. 4. There shall be one quartermaster-general, with the rank of brigadier-general, who shall have the care and custody of all arms, equipments and military property belonging to the state.

SEC. 5. There shall be one paymaster-general, with the rank of colonel.

SEC. 6. There shall be one commissary-general, with the rank of colonel.

SEC. 7. There shall be one surgeon-general, with the rank of colonel.

SEC. 8. There shall be one judge advocate-general, with the rank of colonel.

SEC. 9. The officers named in the six sections next preceding, shall be attached to the staff of the commander-in-chief, and shall constitute the staff department of the state, and may each, with the approval of the commander-in-chief, appoint two assistants, who shall have the rank of captain.

SEC. 10. There shall be one major-general, who shall command the division. He shall appoint his own aids, not exceeding two, who shall have the rank of major. The other officers of the staff of the major-general shall be one division inspector, who shall be adjutant-general of the division and shall have the rank of colonel, and one quartermaster, with the rank of major.

SEC. 11. There may also be, when the exigencies of the service require it, of which the commander-in-chief shall be the judge, one paymaster, one commissary, one surgeon, one judge advocate, each with the rank of major.

SEC. 12. There shall be to each brigade one brigadier-general, who shall command the brigade for which he is elected. He shall appoint one aid, with the rank of captain. The other officers of the staff of each brigadier-general shall be one brigade major and inspector, with the rank of major, who shall perform the duties of adjutant-general of the brigade, and one brigade quartermaster, with the rank of captain.

SEC. 13. There may also be, when the exigencies of the service require it, of which the commander-in-chief shall be the judge, to each brigade, one paymaster, one commissary, one surgeon, one judge advocate, each with the rank of captain.

SEC. 14. The officers of each chartered company shall be one colonel, one lieutenant-colonel, one major, one captain, one lieutenant, who shall be line officers; and there may be one adjutant, one quartermaster, one paymaster, one commissary, one surgeon, one assistant surgeon, each with the rank of lieutenant, who shall be the staff-officers of such company. The commander of such company may, in his discretion, appoint a chaplain, a sergeant major, one sergeant quartermaster, one drum major, one fife major. Each company shall have such non-commissioned officers as may be necessary, who shall be appointed by the commander thereof.

SEC. 15. The commander of each company, when the active roll of such company shall be sufficiently large, or when it is increased by enlistments, drafts or volunteers, may divide his command into companies of not less than sixty privates to each company; and in such case, his command shall constitute a battalion or regiment, as the case may be.

SEC. 16. Each company of such battalion or regiment shall have one captain, one first lieutenant, one second lieutenant, one third lieutenant, five sergeants and four corporals.

SEC. 17. Each infantry company and artillery company armed as infantry, may have one drummer and one fifer.

SEC. 18. Each rifle company may have two buglers; each cav

alry and light artillery company may have one saddler, one farrier and two trumpeters; each artillery company three or more drivers.

SEC. 19. When serving in the field with troops, in the absence of the commander-in-chief, all officers of the staff department shall be subject to the orders of the office of the line highest in rank commanding the troops assembled.

SEC. 20. Whenever any office of the line or staff is vacant, or such officer be sick or absent, the duties of such officer shall be performed by the officer next in rank in the line or in the department of the staff, until the vacancy be filled, or the disability be removed: Provided, that the commander-in-chief may appoint some person to fill any vacancy until the same shall be filled by a regular election or appointment.

SEC. 21. Whenever a company, belonging to a chartered company, filled up by drafts or levies shall have neither commissioned nor non-commissioned officers, the commanding officer of the battalion or regiment to which such company belongs, shall appoint suitable persons of said company to be non-commissioned officers of the same; and the senior non-commissioned officer of a company without officers shall command the same, except upon parade, and except as provided in the following section.

SEC. 22. Whenever any such company shall, from any cause, be without officers, the commanding officer of the battalion or regiment to which such company belongs, may detail some officer of the staff, or of the line of the regiment, to train and discipline said company, until some officer shall be elected or appointed, and such officer so detailed, shall have the same power and authority, and be subject to the liabilities, as if he were captain in said company; and he shall keep the records of the company.

CHAPTER 234.

OF THE ELECTION, APPOINTMENT, COMMISSIONS, WARRANTS AND OATH OF OFFICERS.