each, one dollar, and for each other article required by law, twenty-five cents; and no horse-man who shall be deficient in a horse, shall be considered as appearing on parade. SECT. 25. Any non-commissioned officer, musician or Proceedings in private, of any company of militia, whether artillery, cav- making an exalry, riflemen or infantry, who shall neglect to appear, at cuse for nonthe time and place appointed for regimental, battalion, or appearance. company exercise, inspection or review, or for the choice of a captain, or subaltern, for the company to which such person belongs; or, appearing, shall be deficient in arms or equipments; may, within ten days next thereafter, appear before the commanding officer of such company, by himself or attorney, and make excuse for such nonappearance or deficiency; and if such delinquent shall fail to appear as aforesaid, and make a satisfactory excuse for such delinquency, said commanding officer shall impose upon such delinquent, the fine or fines in such case by law incurred, and shall give notice thereof, in writing, to the person so fined; and if such fine or fines Fines to be shall not be paid to such commanding officer, and the said collected by delinquent shall not make his appeal in the manner here- warrant. in after provided, said fine or fines shall be collected by warrant, under the hand of said commanding officer. case of ap peals. SECT. 26. Whenever the commanding officer of a com- Proceedings in pany, shall impose a fine, the person so fined, when he claims to be excused from performing military duty, at the time for which he is fined, may, within ten days after notice thereof, appeal to the commanding officer of the regiment; or, if the person so fined, claim in writing, to belong to a different regiment from that to which said commanding officer belongs, but to the same brigade, he may, within fifteen days after such notice, appeal to the commanding officer of the brigade; and if the person so fined shall claim in writing to belong to a different brigade, in the same division, he may, within twenty days after such notice, appeal to the commanding officer of the division; and if the person so fined, shall claim, in manner aforesaid, to belong to a different division, or to a different corps, from that to which such commanding officer belongs, he may, within twenty days after notice, appeal to the captain-general, or to such person as the captaingeneral shall appoint. And in all cases of appeal, it shall be the duty of the officer, to whom the appeal is made, to cause written notice to be given to the officer imposing Notice of the fine, who shall thereupon stay the collection thereof, peal. until the appeal be determined; and the officer to whom the appeal is made, may, on hearing the parties, abate such fine; and if such fine be not abated, the officer im ap sons claiming posing the same, shall proceed to the collection thereof. Proceedings on When any person fined as aforesaid, shall claim to be appeal, by per- wholly exempted from the performance of military duty, to be wholly he may, within ten days after notice thereof, appeal to exempted from either judge of the county court in the county in which military duty. he resides, stating the ground of his claim for exemption, No other remedy. Warrants for fines, and levied. which judge shall give notice to the officer imposing the fine, of the appeal, and of the time when the same will be heard; and the collection of the fine shall be stayed till the appeal is determined. And such judge shall hear the parties, and, if he shall be of opinion, that the person appealing is exempted from military duty, he shall abate such fine; otherwise, the officer imposing the fine, shall proceed to the collection thereof. All appeals shall be in writing, and the same shall be determined, and notice of such determination, given to the officer imposing the fine, within twenty days after such appeal is made; and no action shall be sustained against any officer, for imposing a fine for neglect of appearance, or deficiency in arms or accoutrements. SECT. 27. All warrants, granted for the collection of how' directed any fine, imposed by virtue of this act, shall be directed to a constable of the town, in which the delinquent dwells; which warrant may be levied on the goods, or chattels, of the delinquent, if of the age of twenty-one years, and for want of such goods and chattels, on the body of such delinquent, and on the goods or chattels of the parent, master or guardian of such delinquent, if under the age of twenty-one years, and for want of such goods and chattels, on the body of such parent, master or guardian, and him commit to gaol until such fine be paid, with lawful fees for service, and seventeen cents for said warrant, as in case of execution for debt: And all warrants heretofore issued, by any officer of the militia, for collection of fines, including a sum for the warrant, shall be deemed to be valid; and no action shall be sustained Fines,how disposed of. against such officer for the same. All fines imposed by the commanding officer of a company, shall be appropriated for the benefit of such company, for purchasing and keeping in repair, trumpets, bugles, drums and fifes, and for teaching music, and for providing blank cartridges, for days of regimental or battalion review, inspection or parade, not exceeding ten cartridges for each non-commissioned officer, and private, who bears arms; and the surplus, if any, shall be paid to the treasury of the town, to which such commanding officer belongs; and all fines imposed by the commanding officer of a regiment, shall be appropriated for the benefit of such regiment, for the uses aforesaid, and the surplus, if any, shall be paid into the treasury of the state. case a soldier SECT. 28. Whenever any soldier shall be unable to Proceedings in equip himself with arms and accoutrements, required by is unable to law, a certificate from two of the civil authority of the equip himself. town to which he belongs, shall be sufficient evidence, to the commanding officer of the company, of such inability; which certificate being given, no execution shall issue against him, for any fine, which may have been imposed for any such deficiency; and in every such case, it shall be the duty of the select-men of the town, to provide such soldier with arms, and the whole or any part of such accoutrements, as may be necessary, at the cost of such town, within forty days after such certificate shall have been shown to them, and in default thereof, the said commanding officer shall, in his official capacity, have a right of action against such town, to recover the value thereof; any one justice of the peace to hear and determine the same, and grant execution thereon; and in such case, no appeal shall be allowed; and the commanding officer shall thereupon, without delay, procure such arms and accoutrements, and they shall be the property of such town; and all arms belonging to the town, shall, by the commanding officer of the company, be deposited in such place, as he may think proper, to be ready for such soldiers, as, for the time being, may be unable to equip themselves; and such officer shall be liable to pay therefor, if lost through his neglect. SECT. 29. Any person belonging to any society of Friends, Shakers, or Quakers, may procure a certificate thereof, from the clerk of the society to which he belongs; and upon presenting the same, to the treasurer of the state, at any time in the month of May, in any year, and paying the said treasurer, the sum of six dollars, for the use of the state, he shall give a certificate thereof, to such Friend, Shaker, or Quaker; and upon the same being presented to the commanding officer of the company, within the limits of which such Friend, Shaker, or Quaker resides, on or before the last day of said May, such Friend, Shaker, or Quaker shall be excused from arming and equipping himself, and doing military duty, for the year following. Terms on which Friends, &c. may be excused from military duty. SECT. 30. The commanding officers of the several regiments, shall call out the commissioned and non-com- Commanding missioned officers of their said regiments, one day, and if officers of rethey judge it expedient, two days, either in the month of giments may August or September, for exercise and discipline in arms, cers for exerprevious to any regimental or battalion review, or pa- cise, &c. rade; and when so called out, the non-commissioned call out offi officers shall be liable to a fine of four dollars, for each day of non-appearance at such time and place of exercise; which fine may be imposed by the said commanding officers of the regiments, respectively, under the same provisions and restrictions, as are contained in the twenty-third section of this act. SECT. 31. It shall be the duty of the commanding officer of each company of infantry, to establish a place, or places of parade, for their respective companies, within the limits thereof; and if a part of any company shall consider themselves aggrieved, by any such establishment, they may apply to the commanding officer of the regiment, who shall appoint a board, consisting of three disinterested captains, belonging to his regiment, to view, at the expense of the applicants, the local situation of said company; first giving notice of the time and place of their meeting, for that purpose, to the commanding officer thereof; and such board, after having viewed the local situation of said company, shall fix and determine the place or places, for their parade, and make report in writing of their doings in the premises, to the commanding officer thereof, who shall cause the same to be recorded in the orderly book of his company. SECT. 32. Each commissioned officer shall furnish himself with the rules of discipline, approved and established by congress, in their act, passed the twelfth of May, one thousand eight hundred and twenty. SECT. 33. The captain-general, or in his absence, the next commanding officer, is hereby authorized and empowered, on an alarm, invasion, or notice of the appearance of an enemy, either by sea or land, to order the whole, or any part of the militia to assemble, and the same to lead. order, or employ, for the assistance, or relief of any of the inhabitants of this state, attacked by an enemy, or in danger thereof; and, generally, to issue and publish such orders, as he shall judge expedient, to carry into execution the intent and design of this act; and all subordinate officers are hereby required to yield entire obedience thereto. And the officers severally commanding divisions, brigades, regiments, battalions and companies, are hereby vested with the same authority, within their respective commands; but, when any of them find it necessary to order out the force under his command, he shall, forthwith, dispatch intelligence, and the occasion thereof, together with an account of his movements and operations, to the captain-general, or any other of his superior officers, as may be deemed most conducive to the public safety; and the officers receiving such intelligence, shall observe the same line of conduct, in or Pay and ra Fine, and for feiture for neg lect to appear. der that information may, in the most expeditious way, brigade-ma jor; SECT. 34. The commanding officer of each company shall, Commanding immediately after a detachment, company, battalion, regi- officer to make ment,brigade, or division, shall be ordered to rendezvous for return of deservice, at any particular time and place, make return of faulters, to the names and places of abode, of all the persons under his command, who shall have incurred any of the penalties mentioned and contained in that part of this act, providing for calling out the militia by detachment, to the brigade-major of the brigade, to which they respectively belong; and it shall be the duty of the brigade-major, within twenty days from the time of his receiving said return, to make a like return to the state attorney for the county in which such person or persons may reside. SECT. 35. The several county courts in this state, are authorized and empowered, to hear and determine all actions for breaches of this act, not otherwise provided for by law; and the state attornies in the several counties, are hereby authorized and empowered to prosecute the same, by action of debt, in the name of the state treasurer, or by information; and the penalties, fines and forfeitures, when recovered, shall be paid into the state treasury. and he to state attorney. County courts to have cogni zance. |