brigadier general shall determine the rank of colonels in his brigade; in like manner major generals shall determine the rank of brigadier generals in his division; and in like manner shall the adjutant general determine the rank of major generals: and the rank thus determined, shall be entered on the several rank rolls, as pointed out in this chapter. The division, brigade and regimental staff officers will serve on tours of duty with their respective generals or colonels, (as the case may be ;) the non-commissioned officers shall serve with their respective company officers, as follows: The first sergeant, first corporal and musicians shall serve with the captain; the second and third sergeant and second and third corporal, with the first lieutenant; the fourth sergeant and fourth corporal shall serve with the second. lieutenant: Provided, That when the adjutant shall be called to perform regular tours of duty with the colonel, he shall, previous to his departure from the regiment. in which he shall belong, deliver all papers and records in his possession, and belonging to the regiment, unto the senior officer remaining in said regiment, who is hereby authorized and required, without delay, to appoint an adjutant pro tempore; and when absence, sickness or other circumstances prevent any non-commissioned officer of a company from marching, when called, the commissioned officers shall determine, by lot, among the other non-commissioned officers, who among them shall perform the tour of duty in place of him whose duty it was to march; and those persons on whom such lot may fall, shall be compelled to perform the tour of duty in the same manner as though he were otherwise subject to the same; and he whose duty it was to serve such tour of duty shall march on the next; and any officer or non-commissioned officer, who may resign his office after being notified to march on a tour of duty, before he has completed the same, shall be compelled to serve on such tour as a private, under all the penalties described by this chapter, for a private failing to perform a tour of duty, after being regularly drafted on such a tour: Provided, That the commander-in-chief may, if he shall think it advisable, permit. any superior officer to take the command of any detachment of militia called into service; such officer to rank, during his continuance in such command, agreeably to its number and the requisition, without regard to his rank in the militia.

SEC. 51. If any person wishes to be exempted from military duty, on account of bodily infirmity or disability, such person shall appear before the next regimental court of inquiry or assessment, where he shall be examined on oath by the surgeon of the regiment, in the presence of the court, relative to his indisposition or disability to perform military duty; the president of the court shall give to each man found disabled, a certificate of exemption until his complaint shall be removed.

SEc. 52. The militia of this State, when called into actual service, shall serve six months, unless sooner discharged, from the time they arrive from the place of rendezvous within the brigade from which they are detached; which place shall be designated by the commandant of the brigade; and shall, in all cases, be commanded by the militia officers regularly elected and appointed, agreeably to the provisions of this chapter; and if discharged previous to the expiration of six months, shall be entitled to pay for such time as they have been in the service, allowing them a reasonable time to return to their places of residence, and shall be entitled to a discharge for a full tour of duty.

SEC. 53. The adjutant general shall be allowed, in time of war, four hundred dollars, and in time of peace, one hundred dollars, annually; the division inspector, the sum of five dollars for each regiment he shall actually inspect by order of the major general of the division to which he belongs, on the certificate of the major

general; the brigade major, the sum of ten dollars, annually, for each battalion in the brigade to which he belongs, on the certificate of the major general; officers performing the duties of special judge advocate to general courts martial, the sum of one dollar and fifty cents per day; and to officers attending a general court martial, as members or witnesses, the sum of one dollar per day for every day they may be necessarily employed in the performance of said duties, on the certificate of the officer ordering and the president of the court, to be paid out of the State treasury: Provided, That no compensation will be allowed to officers attending courts martial, as members or witnesses, who reside within ten miles of the place where such court is held. The adjutants of regiments, the sum of one dollar and fifty cents per day for attending each battalion and regimental muster and court of assessment, upon the certificate of the colonel, to be paid out of the funds of the regiment.

SEC. 54. In addition to the persons exempted from military duty by the laws of the United States and by this chapter, there shall be exempted the following: The lieutenant governor of the State, the chief and associate justices of the supreme and circuit courts, the attorney general of the State, licensed ministers of the gospel, and keepers of jails.

SEC. 55. The following shall be the uniform and equipments of the several officers of the militia of this State, to be worn at all times when on duty: Every general officer or of the general staff, blue coat and pantaloons, made in the fashion of the United States' uniform, gold epaulets, with sword, mounting, buttons, spurs, &c., of the same color; a round hat, black cockade, white plume, black belt, red silk sash, stock and boots; every regimental officer, a blue coat and pantaloons, made in the fashion of the United States' infantry uniform, or common dress coat, as such regimental officer may think proper, silver epaulets or epaulet, according to rank, sword, mounting, buttons and spurs of the same color; a round hat, black cockade, with plume with a red top, red belt, stock and boots: Provided, That platoon officers may wear a blue hunting shirt and pantaloons, trimmed with red; and for good cause shown, shall not be fined for not wearing epaulets. Officers of the medical staff may wear a blue coat and pantaloons, made in the fashion of the general staff, with black silk velvet collars and cuffs, yellow mounted sword or hanger, yellow buttons, spurs, &c.

SEC. 56. The colonels commanding regiments, lieutenant colonels, and majors commanding battalions, and captains commanding companies, shall appoint the place of holding their several regimental and drill, battalion and company musters, which shall be as near the centre of their respective commands as convenient; and all officers, non-commissioned officers, musicians and privates, whose duty it is made by this chapter, to attend any regimental drill, battalion or company muster, by the hour of ten, A. M. of the day of such muster, armed and equipped; at half-past ten o'clock, the officers commanding companies, shall cause their respective rolls to be called, and note all delinquents: at eleven o'clock the superior officers present at any regimental, drill, battalion or company muster, shall assume the command, and exercise them until three o'clock, P. M., agreeably to the established discipline for the army of the United States.

SEC. 57. The colonels commanding regiments, and majors commanding battalions, not attached to a regiment, shall, as soon as there are funds sufficient belonging to the regiments or odd battalions, purchase out of said fund, a stand of colors made after the fashion of the United States' flag, with the number of the regiment, brigade and division inscribed upon it; the captains commanding companies shall

furnish their respective musicians with proper instruments; and the drum and fife majors shall furnish themselves with proper instruments, to be paid for out of the funds of the regiment, by order of the regimental board of officers.

SEC. 58. In addition to the services required of the major generals by this chapter, it shall be their duty to review the several regiments and odd battalions not attached to regiments, composing the several brigades attached to their respective divisions, as often as is consistent, and as in their opinion the good of the service may require, to cause their respective division inspectors to record all general orders; also, all reports and rank rolls received annually from the several brigades attached to their divisions; and, when required by the commander-in-chief to make out division returns and rank rolls, to be forwarded to the adjutant general of the State; and to do and perform all other duties that may be necessary to carry into effect the provisions of this chapter, or which may appertain to the office of major general.

SEC. 59. In addition to the services required of the brigadier generals by this chapter, it shall be their duty to review their several regiments, and battalions not attached to regiments, composing their respective brigades, annually, at their regimental or battalion musters in the fall; to cause their respective brigade majors to record all reports received annually from the several regiments and odd battalions, composing their commands, and to make out a consolidated brigade return therefrom and forward one copy to the major general of the division, and one to the adjutant general of the State, on or before the first day of December, annually; and to do and perform all other duties which may be necessary to carry into full effect the provisions of this chapter, or which may be necessary to the perfection of discipline, or which may in anywise appertain to the effect of brigadier general.

SEC. 60. In addition to the services required of the colonels commanding regiments, and majors commanding battalions not attached to a regiment, it shall be their duty to require from the several officers commanding battalions, if a regiment, or companies, if a battalion, complete returns of their respective commands, on the day of a regimental or battalion muster, in the fall of each year; to cause their adjutants to record all returns so received; also, all orders received or issued by themselves; and to make out a regimental return and rank roll, and forward it to the brigadier general of their respective brigades, on the day of holding their annual regimental court. It shall also be their duty to take the command at all regimental or drill musters, and exercise their regiments or battalions, (as the case may be,) agreeably to the discipline established for the army of the United States: also, to be responsible for the good order of their respective regiments or odd battalions, as the case may be, and cause to be executed the laws and orders applicable to their commands; and to do and perform all other duties belonging to their respective offices.

SEC. 61. In addition to the service required of lieutenant colonels and majors commanding battalions, it shall be their further duty, to assume the command at all musters of their respective battalions, to require of the officers commanding companies, annual returns on the day of the regimental muster in the fall; and on the same day deliver the returns so received to the officer commanding the regiment; and to do and perform all other duties which may in any way appertain to their office.

SEC. 62. In addition to the services required of captains or officers commanding companies, it shall be their further duty, to take command of their respective

companies, at all company, battalion, and regimental musters, at ten o'clock, A. M. of the day of holding such muster; and at half-past ten o'clock call or cause the roll of their company to be called, under their immediate inspection, noting all delinquents at any such muster upon a company roll or report of delinquents made out by them for that purpose; in which all the delinquents at any muster held during the year shall be noted; which delinquent report shall be returned to the regimental court of assessment of fines, by twelve o'clock of the day of holding such court, by every such commanding officer; which shall be considered good evidence against all delinquents therein returned; also, to make out and deliver to the commanding officers of their respective regiments or battalions, on the day of holding the regimental or battalion musters in the fall, a complete return of the companies under their command; at which muster, they shall cause the names of such persons as have been delinquents at any muster held during the year, to be read aloud ; also, to obey all orders from their superior officers, and to do and perform such other duties as may appertain to their office. It shall also be the duty of all inferior officers, non-commissioned officers, musicians and privates, to go on parade at all musters so held at ten o'clock; and to do and perform such services as may, in anywise appertain to their respective stations.

SEC. 63. In case of the death, removal, absence or resignation of any superior officer, it shall be the duty of the next officer in rank attached to the same corps, to assume the command and perform all the duties that would have devolved on any such commanding officer, were he present; and to exercise the same until such superior officer shall return, or the vacancy be filled agreeably to the provisions of this chapter. In like manner, if it should happen at any time, that there is no commissioned officer belonging to any company, it shall be the duty of the senior noncommissioned officer of such company, to assume the command, under the same penalties that any superior officer of a company would be, were they present, for any neglect of their duties.

SEC. 64. There shall be observed in the several corps of militia in this State, a gradual and universal subordination of authority; and all inferior officers and privates shall obey all orders from their respective superior officers; but it is understood that orders are not to be manifestly against law or reason; and that nothing in this chapter, shall be so construed as to prevent any superior officer from taking the command, at any muster of the militia of this State.

SEC. 65. The adjutant general shall keep his office at the seat of government; and it shall be his duty to receive all certificates of elections for officers, to file the same in his office, to procure from the secretary of State the commissions of all officers duly elected or appointed; and within ten days after receiving any certificate of election or appointment, forward the commission to the officer by whom such certificate was transmitted; all which commissions shall be properly registered by him; also, to lay before the commander-in-chief, an abstract of the annual returns of the militia made to his office, and forward to the President of the United States, annually, a duplicate thereof; to perform the duties of inspector general, and distribute all orders from the commander-in-chief of the divisions, or other corps of militia; to attend all reviews with the commander-in-chief; to obey all orders from him relative to carrying into effect the provisions of this chapter, and to do and perform all other acts and duties which appertain to the office of adjutant general.

SEC. 66. It shall be the duty of the division inspector of each division, to act as assistant adjutant general, to distribute all orders from the commandants of divisions, or the adjutant general; attend all reviews with the major general; to record all orders received or issued by the major general; also, all returns and rank rolls received annually, from the several brigades composing their division; also, a detail of all detachments marched into service from their divisions, in a general order book kept for that purpose; also, to make out division returns, when required by the major general or any superior officer, and to perform such other duties as may appertain to their office.

SEC. 67. In addition to the services required of the brigade majors, it shall be their duty to attend all regimental musters, and all officer and drill musters held in the several regiments, or odd battalions not attached to a regiment, composing their respective brigades, to inspect the arms and equipments of all officers and privates at every such muster, and report all such as are delinquent, to the commanding officer present, to be handed to the next regimental court of assessment; also, to record all orders received or issued by the brigadier general; also, all returns and rank rolls received annually, from the several regiments and odd battalions composing their respective brigades, in a general order book kept for that purpose; to consolidate the annual returns and rank rolls received from the several officers commanding regiments and odd battalions in their brigades, into a brigade return; and on the first day of December, annually, transmit one copy to the major general of the division, and one to the adjutant general of the State; to keep a correct detail of all detachments marched from their brigade into service; to distribute all general orders; and to do and perform such other services as may be necessary for the discipline of the militia, and all other duties that may appertain to the office of brigade inspector.

SEC. 68. In addition to the services required of the adjutants of regiments or odd battalions, it shall be their duty to attend all regimental, drill and battalion musters, and courts martial, or courts of inquiry held in their respective regiments or battalions, (as the case may be ;) to deliver all general and regimental orders; also, to record all orders received or issued by their respective commanding officers; also, all annual returns received by them, and the date of each officer's commission belonging to their regiment or battalion, noting the resignations, removals, or death of any officer, in an order book kept for that purpose; also, to make out under the direction of their commanding officers, regimental returns and rank rolls, and on the day of holding their annual court, forward such returns and rank rolls to the general of their respective brigades; to furnish the paymaster of the regiment with a duplicate of all lists of fines put into the hands of any constable for collection; also, at all regimental or drill musters, in case of the absence of the brigade major, to perform such duties as may be required of him at any such muster; also, at all regimental, battalion or drill musters, to form the regiment or battalion, (as the case may be,) by eleven o'clock, A. M., and immediately thereafter inform the commanding officer that the parade is ready; also, to keep a correct detail of all detachments marched into service from their regiments or battalions, (as the case may be,) and to do and perform such other duties as may be required of them by their superior officers, and all other duties that may appertain to the office of adjutant.

SEC. 69. It shall be the duty of the sergeant major to assist the adjutant in forming the regiment or battalion, (as the case may be,) at all musters; also, to assist