SECTION time of war, &c., and troops in field in case of, how to be commanded. 4. Of subjection to articles of war, and mode of drafting of men, and detail of officers. 5. Companies, drafts, &c., without offi SECTION cers, ordered to march, how to be commanded. 6. Duty of officers and soldiers ordered to march. 7 and 8. Power to call out militia in time of tumult, riot, &c., by whom, and how to be exercised. SECTION 1. In case of war, invasion, threatened invasion or insurrection, if the commander-in-chief shall deem it necessary to increase the active militia of this state, he shall have power to order a draft or levy to be made from the enrolled militia in any town or city, into any or all of the chartered companies thereof, of such number of men as he may judge the exigency of the case requires, or if there be no chartered company in such town or city, may order them into any of the chartered companies of the brigade, in the limits of which such town or city may be situated, directing his order therefor to the town council of the town, or to the mayor and aldermen of the city in which such draft is to be made. SEC. 2. Whenever such order is made and directed as aforesaid, it shall be the duty of the town council, or mayor and aldermen, to appoint a time and place of parade for the enrolled militia in each town or city, and to order them to appear at the time and place, either leaving a written notice or orally, and then and there proceed to draft as many thereof, or to accept as many volunteers, as is required by the commander-in-chief; and the mayor and aldermen, or town council, shall notify the commander-in-chief forthwith that they have performed the aforesaid duty. SEC. 3. Whenever any invasion of the state, or any insurrection, riot or tumult shall be made in any part of the state, the commander-in-chief shall call out the militia, or any part thereof, as he may deem expedient or necessary to suppress or repel the same; and he may order out the division or any brigade, brigades, chartered companies, regiments, companies or company, or any portions of the same, or cause any number of men to be detached or drafted from them, and cause officers to be detailed, which, with those attached to the troops, shall be sufficient to organize the forces; and if such invasion or insurrection, or any imminent danger thereof, be so sudden in any part of the state, that the commander-in-chief cannot be informed, and his orders received and executed in season to suppress or repel the same, the major-general may order out the division, or any part thereof, as the commander-in-chief might do; and when any troops are in the field for such purposes, the senior officer of said troops, present, shall command until the commanderin-chief, or some officer detailed by him, shall appear to take the command. SEC. 4. Whenever the military force of this state, or any part thereof, shall be called into actual service, it shall be subject to the articles of war prescribed by congress for the government of the troops of the United States, or such other articles as shall be pre scribed by the general assembly; and when any draft from the militia into the service of the United States shall be ordered, the non-commissioned officers and privates, except so many as shall voluntarily offer to serve, shall be drafted by lot from the company, and the officers detailed from the roll. SEC. 5. If any company without officers be ordered to march, or any draft or detachment therefrom ordered, the commanding officer of the regiment to which said company belongs shall detail some officer to command them, who shall have the same authority to command them to appear, and to command them in the field, and to make any draft or detachment therefrom, as though he were captain of said company, and shall have the same responsibility. SEC. 6. Every officer who, when ordered to march to the place of rendezvous, shall unnecessarily neglect to do so, or who shall otherwise disobey any lawful order, shall be punished as is hereinafter provided; and every soldier ordered out, drafted or detached, who shall not appear at the time and place appointed, armed and equipped as commanded, shall be punished as hereinafter provided; and each non-commissioned officer and private shall take with him provisions for at least three days, when so ordered. SEC. 7. When in any county in this state, there shall be any tumult, riot, mob, or any body of men acting together, with intent to commit felony, to offer violence to persons or property, or in any other way to resist the laws of the state by force of arms, or by violence, or when any of said acts shall be threatened, and the fact made to appear to the commander-in-chief, or to the sheriff of said county, or to either of the justices of the supreme court or if in any city, to the mayor of such city in the first instance, or in his absence, to the board of aldermen, the commander-in-chief shall issue his order, or such justice, sheriff, mayor or board of aldermen, shall issue his or their precept, properly signed, directing the commanding officer of the division, brig ade, or chartered company, as the case may be, to order out his command, or any part of the same, to suppress such riot, tumult or mob, and to prevent the perpetration of any such felony, or act of unlawful violence. SEC. 8. The officer to whom any such order or precept shall be directed, as named in the foregoing section, shall forthwith order out the troops therein required, to parade at the time and place appointed; and if he shall refuse to obey such order or precept, or if any officer under his command shall refuse to obey an order issued under such order or precept, he shall be punishable as hereinafter in this title provided; and any non-commissioned officer or private who shall neglect or refuse to appear at the time and place of parade, or to obey any lawful order issued in such case, shall suffer the penalty hereinafter in this title provided. CHAPTER 239. OF EXEMPTIONS BY BODILY INFIRMITY, AND OF DISCHARGES. SECTION. 1. Duty of surgeons and physicians in granting certificates of inability for service. 2. Members of chartered companies, upon what certificate of inability, and by whom to be excused. 3. Honorable discharges of non-commis- 4. Of members of chartered companies. 7. Honorable discharges of commissioned SECTION officer, when and by whom granted, and effect of. 8 and 9. Resignations of officers, how approved, certified and allowed. 10. Power of commander-in-chief to revoke commissions. 11. Effect of revocation, if officer demands court-martial. 12. Duty to transmit demand to commander-in-chief, and his duty thereupon. 13. Power of commandants of chartered companies, battalions, &c., to revoke warrants of non-commissioned officers. SECTION 1. No surgeon or assistant surgeon, nor any physician shall take any gratuity whatsoever from any person, for a certificate of inability to perform military duty on account of bodily infirmity; and it shall be the duty of such, to examine critically the cases of all applicants for such certificates, and not to grant any certificate for bodily infirmity or inability, unless such infirmity or inability be, beyond all doubt, such as to render the applicant unable to perform military duty; and any surgeon or physician, who shall violate the provisions of this section, shall be liable to be punished as hereinafter provided. SEC. 2. Whenever any regiment or chartered company may be without a surgeon or assistant surgeon, or when any person may claim to be exempt from military duty by reason of bodily infirmity or disability, and shall not reside within ten miles of the surgeon or assistant surgeon of the regiment, any respectable physician within said distance, may grant him a certificate, subject to the restrictions contained in the preceding section; and the commanding officer of any company is authorized to exempt any person of his company from military duty on the presentation of such certificate from the surgeon or assistant surgeon, or a physician as aforesaid, either for a longer or shorter period, not exceeding one year, as in the judgment of the commanding officer, the case may demand. SEC. 3. Every non-commissioned officer, private, musician and driver of any company who shall have done duty therein according to law for the term of seven years, from the time of his enlistment, and shall have received an honorable discharge, shall not be compelled to do duty in the militia, except in time of war or invasion, or to prevent an invasion, or of insurrection, riot or tumult. SEC. 4. Discharges shall not be granted to any member of a chartered company unless such member shall have served five years in the active militia, or shall have received a military commission, or a certificate of disability from the surgeon of the company approved by the surgeon of his brigade, or shall be expelled by a vote of the company in accordance with its by-laws. SEC. 5. Such discharges upon the completion of either of the terms of service aforesaid, when granted, shall be given by the commanding officer of the brigade, upon the application of the commanding officer of the company to which such private or noncommissioned officer may belong: Provided, that the governor may grant a discharge to any person in his discretion; and provided further that if any member of any company at the expiration of the service of seven years mentioned in the third section of this chapter; or any commissioned officer who may have held a commission for five years or been superseded without his consent in such commission, who shall not elect to retire from such company, shall be considered an active member of such company, liable to all the duties of other active members until discharged therefrom, in accordance with the provisions of the by-laws of such company. SEC. 6. Nothing in the preceding three sections contained shall be construed to apply to the members of a volunteer corps raised and attached under the provisions of this title. SEC. 7. Any officer who shall have holden any commission or commissions in the militia of this state during the term of five years in succession, and faithfully performed the duties of the same, shall be honorably discharged, on his application to the commander-in-chief, and shall for ever after be exempt from the performance of military duty, except in time of war, invasion of, or insurrection, riot or tumult within this state; and no officer shall be discharged, unless on his own application, or unless in cases hereinafter provided. SEC. 8. All resignations shall be in writing, and shall be approved and certified as follows: The resignation of the major-general and of any officer attached to the governor's staff, shall be made to and approved by the commander-in-chief; the resignation of a brigadier-general or of any officer attached to the staff of the major-general, shall be approved by the major-general; the resignation of a field officer and of any officer attached to the staff of the brigadier-general, shall be approved by the brigadier-general of the brigade to which such field or staff-officer belongs, and by the major-general; and the resignation of a captain or subaltern officer shall be approved by the commanding officer of the chartered company or regiment to which such captain or subaltern shall belong or be attached and by the brigadier-general of his brigade and by the major-general. SEC. 9. The major-general, brigadier-general or commanding officer of a chartered company or regiment who shall approve of any resignation aforesaid, shall certify the same, through his immediate superior, to the commander-in-chief, who shall have the power to allow or disallow thereof at his discretion; and no officer shall be considered as having resigned his commission un less the same shall have been approved and certified as aforesaid and allowed by the commander-in-chief. SEC. 10. The commander-in-chief may revoke and cancel the commission of any officer and discharge him from the service, in his discretion. SEC. 11. Such revocation, cancellation and discharge shall not be effectual, if within ten days after receiving notice thereof such officer shall demand of his immediate superior to be informed of the cause thereof and to be tried by a court-martial. SEC. 12. If such demand be made, it shall be the duty of the officer on whom it is made, to transmit the same to the commander-in-chief, who shall give such officer the required information and see that charges are duly preferred, and that a court-martial be convened to try the same. SEC. 13. Commandants of chartered companies, battalions and regiments are authorized, in their discretion, to revoke the warrant of any non-commissioned officer. SECTION 1. Each person borne on the roll of the active militia of the state, who shall have performed field duty in each year one or more days, shall receive one dollar and fifty cents for each day's service he shall perform. SEC. 2. There shall be paid to each general and staff-officer who shall be mounted, and to each member of a cavalry company, and to each mounted officer, non-commissioned officer, and musician of each artillery company for all horses used for the draft of pieces, caissons or baggage wagons, two dollars per day for each horse necessarily used by them or either of them on field duty in each year one or more days, for each day's service such horse shall perform. SEC. 3. There shall be paid to each infantry, rifle, and artillery company, two dollars a day for each musician by them employed not exceeding two to each company, who shall perform service with such company one or more days for each day's service. SEC. 4. There shall be paid to each musician of a band employed in any escort or other military duty ordered, two dollars per day for each musician so employed: Provided, that there shall not be more than one band, and not more than sixteen musicians to such band. |