every year, having received the rolls of the captains, and lists of the assessors, and ascertained the delinquent militia men within their respective counties, to add said fine of fifty cents to the amount of state tax of each aforesaid delinquent, to be collected with the same, under the same authority, and in all respects as authorized in the case of collection of county rates and levies; and said commissioners shall keep a book in which shall be entered the amount of fines of delinquents ascertained as aforesaid, which, after deducting exonerations, in accordance with the eighth section of this act, shall be a separate military fund, the collector being allowed out of said fund the same per cent. as for collecting other taxes, and any books and stationery, as well as the time of the commissioners necessarily occupied in military business, to be paid out of said fund. SECTION 9. That in case there be any person named in said warrant In case fines canwho could not be found, or from whom it was impracticable to collect not be collected, said fine or fines, it shall be lawful for the county commissioners to ad- county commisminister an oath to the collector, that he made diligent search, and no sioners may administer an oath such person could be found in his bounds, or that any such fine ought not to collector, &c. to be, or could not be collected, together with all legal certificates, which certificates shall be of service as a volunteer or commissioned officer, for any seven years before, or any five years after the passage of this act, or a certificate of a sworn surgeon of a regiment, or to practising physicians, under oath, that such persons are not capable of performing military duty, the said commissioners shall give the said collector a credit order, which shall be an ample voucher for said collector in the settlement of his military account with the county treasurer. nies. SECTION 10. That it shall be the duty of the county treasurer imme County treasurer, diately after the final settlement of the military account of each collec- duty of. tor, annually to pay over to the several assessors the amount due for services in compliance with the sixth section, and to the commissioners in compliance with the eighth section of this act, to the treasurer of each company uniformed and organized as aforesaid, (which treasurer every said company is hereby authorized to elect,) upon the order of the captain or commanding officer of said company, the sum of fifty dollars to every company of not less than thirty men rank and file, and seventy-five dollars to each company, of not less than fifty rank and file, being to pay Amount to be armorer, and keep up armory, and to pay music: It shall also be the paid to compaduty of the county treasurer to pay over to the brigade inspector any reasonable expenses incurred or paid by him in collecting military pro- Pay to brigade perty in his brigade, and in the necessary transportation of arms and inspectors. accoutrements, or military stores, of which he shall furnish vouchers, certifying to their correctness, and ten dollars for each company, fifteen dollars for each battalion, and twenty dollars for each regiment, he shall have organized within the year, and the aforesaid sums allowed for the items aforesaid, shall be considered as a full compensation for the services of brigade inspectors: Provided, That the amount to be paid to Proviso. any brigade inspector in any one year shall not exceed one hundred and fifty dollars: And provided, That should there be no organizations in Proviso. any brigade in any year, then and in that case he shall receive ten dollars per company for inspecting the first five companies, if there be five companies in his brigade, a statement of which several expenses, the county treasurer shall make out and transmit to the state treasurer, together with the balance of the military fund, which balance is hereby appropriated to the payment of the state debt: Provided, That should the amount of military fund collected as aforesaid in any county, be insufficient to pay the amount allowed to each company as aforesaid, then and in that case the state treasurer shall pay to the county treasurer, Brigade inspector, duty of. Colonel, duty of. Meetings of uniform companies. Elections. Returns of election to be filed with the papers of the company and in the office of the secretary of the commonwealth. Election of major general. upon his official statement, any such deficiency for the purpose aforesaid, out of the military fund, together with the expenses and salary of the adjutant general, before the aforesaid balance shall be appropriated for the payment of the state debt. SECTION 11. That it shall be the duty of the brigade inspector to attend in person to every aforesaid organization, and furnish the requisite number of clerks at his own expense, make returns of the same to the secretary of the commonwealth, receive and distribute commissions to officers elected, to make requisition for, receive and disburse arms to each company, take and preserve secured bonds for their safe keeping, and annually inspect the same. SECTION 12. That it shall be the duty of the colonel or commanding officer of each regiment, and major or commanding officer of each battalion, not attached to any regiment, on or before the first day of August in each and every year, to transmit to the adjutant general a certificate, certifying the number of companies in his command, and their title, and number of members in each company, which certificates, together with those of captains of companies not attached to any battalion or regiment, shall form a data for the said adjutant general's annual report of the strength of the military force of the state. SECTION 13. That all the uniform companies that shall be organized on or before the first Monday of June, one thousand eight hundred and forty-nine, shall meet at their usual place of meeting on said first Monday of June, and on the first Monday of June in every five years thereafter, an election shall be held in each company for one brigadier general and one brigade inspector for each brigade; also, for such field officers as the battalion or regiment to which each company may be attached shall be entitled to; the captain or commanding officer of each company shall superintend said election, and take to his assistance one or more members, who shall be severally sworn or affirmed to conduct said election fairly and impartially, and make a true and correct return thereof; and when the said election shall have been closed and the votes counted, the said superintendent and his assistants shall make out duplicate returns of the same, to be signed by them, stating the number of votes given for each person for the different offices voted for, for the battalion or regiment, as well as the brigadier general and brigade inspector; one of said returns the said superintendent in each company shall cause to be filed with the papers of the company, and the other he shall, within ten days thereafter, deliver, or cause to be delivered to the brigade inspector then in commission, who shall open and cast up the same, and shall make out one general return of the election of each officer having the highest number of votes, and having certified and signed the same, shall forthwith transmit the same to the secretary of the commonwealth; and the said brigade inspector shall immediately cause a written certificate and notice to be given to each said persons of his election, and the returns of the election from each company received by said brigade inspector shall be filed and preserved in his office, and subject to the inspection of any person interested who may wish to examine the same. SECTION 14. That the first Monday of July then next ensuing, and the first Monday in July in every five years thereafter, shall be the time of election of major general of each division in this commonwealth, and all the commissioned officers of companies, battalions, regiments and brigades, within the bounds of each division, who shall meet Who shall superthe county seat in each brigade, which said county seat is hereby de intend said elec-clared to be the place of holding said elections, shall be entitled to ver for major general, and that the brigade inspector who shall have been tion. ected on the first Monday of June as aforesaid, shall superintend said ection, assisted by the brigadier general or other senior officer present, id after counting the votes, duplicate returns of said election shall be ade out and signed by the said brigade inspector and assistant, stating e number of votes given for major general; and the said brigade inspecr shall file one of said returns in his office and transmit the other to pany to be filed. e secretary of the commonwealth, whose duty it shall be, having Returns. ceived the returns of all the brigade inspectors, to count and cast up e returns of each division, and transmit a major general's commission the person having the highest number of votes in each division. SECTION 15. That on the third Monday of August, one thousand eight indred and forty-nine, and on the same day every five years thereafter, Election of comelection shall be held within the bounds of each organized company officers. r the election of company officers, and the captain shall appoint two ficers or members of the company to hold said election, who shall severally sworn or affirmed to conduct said election fairly and imrtially, and to make a true and correct return thereof, and when the Returns of said id election shall have closed, duplicate returns thereof shall be made election, where t and signed by said members, one of which shall be filed with the pers of the company, and the other they shall cause, within ten days ereafter, to be delivered to the brigade inspector, who shall make out e general return for each battalion or regiment of the officers elected the several companies thereof, which he shall certify and transmit to e secretary of the commonwealth, upon which commissions shall issue the several officers elected; and as often as any vacancy occurs in y of the aforesaid offices, by death, resignation, or otherwise, an Vacancies, how ection shall be held to supply the vacancy, which shall be conducted d returned in all respects as directed for conducting the original election such officers, upon ten days' notice from the brigade inspector, by ritten or printed advertisement or otherwise, given to the qualified ters, to fill such vacancy, and the brigade inspector may attend or point any other fit person to conduct such election; and in case of e inability of the brigade inspector to attend to any original election aforesaid, it shall be lawful to be conducted by any fit person whom = may appoint. supplied. SECTION 16. That every person who shall have been uniformed and Persons serving rolled, and faithfully served as a member of any volunteer company for five years to companies for five successive years after the passage of this act, the be exempt thereidence of which shall be a certificate, taken from the book of the after from military duty. mpany or companies to which he may have belonged during said, e years, signed by the captain or captains in command at the time giving said certificate, shall forever thereafter be exempted from ilitary duty, except in time of invasion, insurrection or actual war. SECTION 17. That each county in this commonwealth shall be a Each county to parate brigade, and shall be numbered in the division to which they be a separate briverally belong by the brigade inspectors and brigadier generals who gade. all be elected on the first day of June, one thousand eight hundred d forty-nine: Provided, That the city and county of Philadelphia Proviso. all be divided into three brigades, as at present established. SECTION 18. That the first division-city and county of Philadelphia. Second-Bucks, Montgomery and Delaware. Third-Chester and Lancaster. Fourth-York and Adams. Fifth-Dauphin, Lebanon and Berks. Sixth-Schuylkill, Carbon and Monroe. Seventh-Northampton, Pike and Lehigh. Eighth-Northumberland and Union. Divisions. Ninth Columbia, Luzerne and Wyoming. Fourteenth-Juniata, Mifflin, Centre, Huntingdon and Clearfield. Sixteenth-Bedford, Somerset, Cambria and Blair. SECTION 19. That the vice president of the United States, the officers, Persons exempt judicial and executive, of the government of the United States, the memfrom militia duty. bers of both houses of congress and their respective officers, all custom house officers with their clerks, all post officers and stage drivers who are employed in the care and conveyance of the mail of the post office of the United States, all ferrymen employed at any ferry on the post roads, all inspectors of exports, all pilots, all mariners actually employed in the sea service of any citizen or merchant within the United States, and all persons who may be hereafter exempted by any law of the United States or of this state, shall be and hereby are exempted from militia duty. Adjutant general, Repeal. SECTION 20. That it shall be the duty of the adjutant general to prepare and digest a complete military code, in conformity to the true intent and spirit of this act, and to report the same to the next legislature, at the commencement of its session, for which a reasonable compensation shall be made. SECTION 21. That all former laws and supplements to laws on the subject of the militia of this commonwealth, be and the same are hereby repealed, except such parts as relate to the adjutant general, his appointment, duties, salary, &c., and to contested elections, and such as relate to and regulate courts martial and the calling of the military into actual service of the state or United States. WILLIAM F. PACKER, Speaker of the House of Representatives. 'GEORGE DARSIE, Speaker of the Senate. APPROVED-The seventeenth day of April, one thousand eight hun dred and forty-nine. WM. F. JOHNSTON No. 414. AN ACT annul the marriage contract between John Nicholson and Ellen Nicholson, his wife. SECTION 1. Be it enacted by the Senate and House of Representaes of the Commonwealth of Pennsylvania in General Assembly t, and it is hereby enacted by the authority of the same, 'That e marriage contract entered into between John Nicholson and Ellen cholson, his wife, all of Crawford county, be and the same is hereby nulled and made void, and the parties released and discharged from id contract, and from all duties and obligations arising therefrom, as lly, effectually and absolutely, as if they had never been joined in arriage. WILLIAM F. PACKER, Speaker of the House of Representatives. We do certify that the bill, entitled "An Act to annul the marriage ontract between John Nicholson and Ellen Nicholson, his wife," was resented to the governor on the twenty-eighth day of March, one ousand eight hundred and forty-nine, and was not returned within en days (Sundays excepted) after it had been presented to him, whereore, it has, agreeably to the constitution of this commonwealth, become law in like manner as if he had signed it. SAM'L W. PEARSON, Clerk of the Senate. WILLIAM JACK, Clerk of the House of Representatives. HARRISBURG, April 10, 1849. No. 415. AN ACT For the relief of the heirs of James Caldwell, deceased, and relative to the hours of labor in manufacturing establishments. SECTION 1. Be it enacted by the Senate and House of Representalives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That |