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quent resides, s. 5, p. 79. When and in what court of enquiry, officer may sit, s. 15, p. 44. To be armed by entire troops, s. 62, p. 58. When officers of, may be superseded, s. 14, p. 44, and s.. 4, p. 137. Captains of, may employ trumpeters, s. 2, p. 163. Commissioned officers of, to be furnished with a treatise on the discipline of the cavalry, s. 12, p. 164. See No. 16.

9. Recommendation of officers, how to be made, and vacancies how supplied, s. 5, p. 41, and s. 3, 4, p. 137.

10. Supernumerary officers, who shall be considered as such, s. 6. p. 41, and s. 8, p. 163, 164. How they may afterwards fill vacancies, ibid.

11. Oaths of officers, s. 7, p. 41. By whom they may be administered, and how to be certified, s. 7, p. 41, and s. 20, p. 166. When attending a court martial for the trial of an officer, s. 28, p. 49. On a battalion or regimental court of enquiry, s. 30, p. 50. Officers failing to take within one month after receiving commission to be considered as having vacated it, s. 7, p. 137.

12. Allotment or drafts of men for actual service, how to be made, s. 10, p. 42. Upon a subsequent enrollment of any person, ibid. When a person removes out of the bounds of one company into another, he must produce a certificate from his captain, ibid; consequence of failure, ibid; penalty on captain for refusing the certificate, ibid. Executive to allot companies of artillery, cavalry, grenadiers, light infantry and rifle men by entire companies, s. 11, p. 42.

13. Light Companies, to constitute part of the battalion in which they are raised, s. 14, p. 43. Executive to commission at least one captain, one lieutenant, and one ensign to each battalion, who shall enlist within their battalion a company to be denominated grenadiers, light infantry, or rifle men, at the discretion of the commandant of the regiment, s. 14, p. 43; but only one such company to a battalion can now be commissioned, s. 6, p. 163. To be allotted, by the executive, for actual service, by entire companies, s. 11, p. 42. Effect of officers failing to complete their companies, 5. 14, p. 165. Term

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of enlistment, s. 14, p. 44, and s. 14, p. 165. When officers of, may be superseded, s. 14, p. 44, and s. 3, 4, p. 137. To be first armed, s. 1, p. 109. To be armed by entire companies, s. 62, p. 58. Captains of, may employ musicians, s. 1, p. 162, 163. See No. 16.

14. Who shall be exempted from militia duty, s. 12, p. 42, 43, and s. 14, p. 165. How infirm persons may be exempted, s. 30, p, 50.

15. Who shall be enrolled on the muster list, s. 13, p. 43. Where a doubt arises as to the age of the party, he shall prove it to the satisfaction of a majority of the officers of the company,

ibid.

16. Volunteers.-The executive to issue commissions for officers of at least one company of volunteers to each Lattalion, who shall enlist within the battalion, their complement of men, to be denominated grenadiers, light infantry or rife men, at the discretion of the commandant of the regiment, s. 14, p. 43; But only one volunteer company to each battalion can now be commissioned, s. 6, p. 163. Officers of one or more troops of cavalry, to each regi- · ment, s. 14, p. 43; P So much of this section as authorises the executive to issue commissions for more than one troop of cavalry to a regiment, repealed, s. 6. p. 79. Officers for one or more companies of artillery in each brigade, at the discretion of the executive; cavalry and artillery officers to enlist their men within their respective regiments or brigades, in the proportion to each officer as directed by the executive; caps and uniforms as directed by the executive to be worn by grenadiers, light infantry, or rifle men, and purchased out of money arising from delinquents, s. 14, p. 43; but the executive are now to declare the uniform of the whole of the militia, s. 8, p. 110; and so much of this section as directs the purchase of caps and uniforms out of the money arising from fines, repealed, s. 6, p. 163. Volunteer companies to perform the same routine of duty, and be subject to the same rules, orders, &c. as the rest of the militia, s. 14, p. 43. Light companies to consitute a part of

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the battalion in which they are raised, ibid. Cavalry and artillery to parade with the regiment out of which they are raised, ibid. Where more than one regiment in a county and but one company of cavalry or artillery, the brigadier general to direct with what regiment to parade, ibid. Where two troops of cavalry attached to a regiment, one to be annexed to each battalion, s. 14, p. 43, 44. Officers of artillery and cavalry, to attend training of officers in the regiment wherein they reside, s. 5, p. 137. Officers failing to enlist their quota within six months may be discontinued by the executive, s. 14, p. 44; But now failing to keep their troop or com pany equal to one half its full number, for one year, may be superseded by the executive, and commissions issued to others, s. 4, p.137. No person enlisting in a volunteer company compellable to serve more than five years, s. 14, p. 44; But now, not less than three nor more than five, s. 14, p. 165. Officers of, not to sit in courts martial till their companies are complete and a return made to the commandant of the regiment; nor qualify to their commissions; nor be exempt from other militia duty, s. 14, p. 165. When cavalry and artillery to muster, s. 15, p. 44. To report delinquents to commanding officer of battalion, s. 5, p. 79.

When

other light companies to muster, s. 16, p. 44, When and in what court of enquiry officers of artillery and cavalry may sit, s. 15, p. 44. Volunteer compa nies enlisted after 20th January, (1807, not to consist of more than 75 men, s. 6, p. 137. Volunteers to be armed by entire companies, s. 62, p. 58. To be called into service by entire companies, s. 11, p. 42. To employ musicians, s. 1, p. 162, 163.

17. Musters, of cavalry and artillery when to be, s. 15, p. 44. Of companies of the main body of the militia, includ ing light companies, s. 16, p. 44. Of battalions; of regiments; how regimental musters to be appointed, and notice given, s. 16, p. 44, and s. 1, p. 78. Penalty on sergeants for failing to give. notice, s. 15, p. 44, 45. No notice of a company muster necessary, s. 16, p. 45,

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At what hour officers and soldiers to pear at musters, ibid. Roll to be called at company musters, and delinquents noted, ibid, when return of delinquencies to be made, ibid; form of a certi ficate of return, ibid, militia privileged from arrests and process in civil cases, while going to, continuing at, or returning from musters, and while in actual service, s. 51, p. 55. Fines for not attending, when armed, s. 2, p. 109. Fines increased, s. 3, p. 163. For not going into the ranks, s. 7, p. 163.

18. Returns of delinquents, when and how to be made, s. 16, p. 45. Of the strength of companies, when and to whom to be made. Of battalions; of regiments, s. 17, p. 45. Of artillery and cavalry, s. 5, p. 79. Annual return of brigade inspector, s. 48, p. 55.

19 Captain to appoint non-commissioned officers and musicians to his company, to be approved by commanding officer of battalion, s. 18, p. 45. Fines on non-commissioned officers for various offences, p. 45, 46, 48, 109, 163. Musicians may be appointed by captains of volunteer companies, s. 1, p. 162, 163. How musicians paid, if fines in regiment prove insufficient, s. 10, p. 164.

20. Vacancy by death, absence or resignation of an officer, to be supplied by next officer in rank during its continuance, s. 19, p. 45. Created by removal of officer or his failing to perform duty for 8 months, s. 2, p. 78. By committing certain crimes, s. 3, p. 137. By failing to qualify to commission within one month after receiving it, s. 7, p. 137. In volunteer companies. See No. 7, 8, 15, 16.

21. Militia at musters to be exercised agreeably to discipline prescribed by congress, s. 20, p. 45. Officer neglecting, to be arrested and tried for breach of duty, ibid; to order the most expert officer to perform the duty, ibid.

22. Training of officers, when and how to be s. 21, p. 45, 46, s. 1, p. 78. Delinquents to he noted and fined, s. 21, 46.

p.

23. Rules of discipline to be furnished to each commissioned officer, s. 22, p. 46; to revert to the public on the death, &c. of the officer, ibid. Treatise

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on discipline of cavalry to be furnished to commissioned officers, s. 12, p. 164.

24. For what cause an officer may be arrested, s. 23, p. 46. By whom arrests to be made, s. 27, p. 48. Officer to whom application for, is made, to determine whether the offence be cognizable before a military tribunal, 137. Charges to be supported by affidavit, s. 1, p. 137. Limited to offences committed within two years, s. 2, p. 137.

25. Non-commissioned officer or soldier behaving disobediently, or mutinously when on duty, or before any military court or board, how punished, s. 24, p. 46.

26. By-stander may be confined, for improper conduct at a muster, or before any court or board, s. 25, p. 46.

27. Lieutenant colonel commandant, fines on, for various offences, s. 26, p. 46, 47. By whom to be arrested, s. 27, p. 48. May suspend the collection of fines in certain cases, s. 32, p. 51. Authorised to draw on sheriffs, s. 34, p. 51. To lay account of such drafts before the court, s. 35, p. 52. To procure out of the fines, colours, drums, fifes or bugle-horns, s. 38, p. 52. To procure wage gons and camp equipage, by impressment or otherwise, s. 43, p. 53. His duty on a sudden invasion or insurrection, s. 44, p. 53. To inform brigadier general of delinquency of brigade inspector, s. 49, p. 55. May receive re

signations, s. 50, p. 55. To appoint a regimental staff, and of whom to consist, s. 54, p. 55. To cause drummers and fifers to be enlisted and instructed in music, s. 56, p. 56. His duty and responsibility in relation to public arms, s. 58, p. 56, and s. 4, p. 141. To attend battalion musters at least once a year for the purpose of reviewing and inspecting arms, s. 4, p. 110. Penalty for neglect, s. 5, p. 110. To have arms repaired, and how paid for, s. 12, p. 142. May employ expresses and how paid, s. 16, p. 165. To certify name of clerk of court of enquiry to the auditor, s. 18, p. 165. Penalty for neglect, ibid. To certify failure of brigadier general, to appoint training of officers and regimental musters, s. 19, p. 156. See TABLE OF FINES, &C. (223.)

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28. Majars, fines on for various of fences, p. 47. By whom to be arrested, s. 27, p. 48. To order out patroles, and penalty for neglect, s. 46, p. 54. Their duty in receiving and distributing public arms, p. 56, 78, 138, 139, 142. Their duty in attending company musters to inspect public armas, s. 4, p. 110, Penalty for neglect, s 5, p. 110. See TABLE OF FINES, &c. (223.)

29. Captains, fines on for various offences, p. 47. By whom to be arrested, p. 49. Who have advanced money for their companies, how refunded, s. 39, p. 52. Duty in receiving and distribut ing public arms, p. 56, 109, 110, 142. To inspect arms and what delinquencies to report, p. 57, 138, 139, 142, 143 How to regain arms embezzled or disposed of, s. 60, p. 57. Penalty for neglect of duty in relation to arms, s. 5, p.: 110. Of volunteer companies may employ musicians, s. 1, p. 162. Of cavalry may employ trumpeter, s. 2, p.

163.

See TABLE OF FINES, &c. (223.) 30. Subalterns, fines on for various offences, s. 26, p. 47. By whom to be arrested, s. 27, p. 49. FINES, &c. (223.)

See TABLE OF

31. Non-commissioned officers and privates, fines on for various offences, s. 26, p. 48. For failure of duty in rela tion to patroles, s. 46, p. 54. For failing to attend muster, s. 3, p. 163, s. 2, p. 109. Fines in relation to public arms, p, 143, 109, 142, 143, 57, 129, 138. For failing to go into the ranks, s. 7, p. 163. See TABLE OF FINES, &c. (223.) (224.)

32. Courts martial for the trial of officers, how constituted, s. 27, p. 48. What officers may be arrested, and by whom, s. 27, p. 48, 49. Appeals may be taken to the executive, s. 27, 49. How, and within what time to be prosecuted, s. 17, p. 165. Court martial may censure or cashier an officer, s. 27, p. 49. Power of major or brigadier general to affirm or reverse the sentence, abolished, s. 27, p. 49. Evidence on trials, how obtained, s. 27, p. 49. Penalty on witnesses failing to attend, ibid. Not more than three to the same fact to be charged to commonwealth, s, 5, p. 163. Courts martial to proceed according to articles

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of war, s. 28, p. 49. When a variation in the form of the oath, s. 28, p. 49. Oath to be taken by judge advocate, and each officer constituting the court, ibid; compensation to officers and witnesses attending, and how paid, s. 29, p. 50. For the trial of militia while in actual service, how constituted, s. 45, p. 53, 5. But to the cashiering of an officer, or capital punishment of any person, the approbation of the executive necessary, s. 45, p. 54. May appoint a judge advocate, and allow him a compensation, and how paid, s. 4, p. 163. May also allow a compensation to the person appointed to summon the court, ibid.

33. Articles of war to govern militia when in actual service, s. 45, p. 53, 54. Courts martial to proceed according to, s. 28, p. 49. To be furnished by the executive to each commissioned officer, 6. 12, p. 164.

34. Courts of Enquiry; battalion, when to be held and of whom to consist, s. 30, p. 50. Oaths of members, ibid; commanding officer of, to report list of delinquencies, ibid, regimental, when to be held and of whom to consist, and oaths of members, ibid; presiding officer to report delinquent officers to the next regimental court, ibid, may remit fines imposed by the two preceding battalion courts, or the preceding regimental court, ibid; may exempt infirm persons from duty, ibid; regimental, to appoint clerks and provost martial, s. 31, p. 50. Colonel commandant to certify name of clerk under penalty, s. 18, p. 165, 166. Further regulations for constituting regimental courts of enquiry when the first was not held, s. 14, p. 139. Battalion courts of, may be adjourned by one member from day to day, s. 9, p. 164.

35. Clerks of courts of enquiry, how appointed and what duties to perform, s. 31, p. 50. To record designation of regimental, battalion and company districts, s. 9, p. 42. To record allotment of militia for actual service, s. 10, p. 42. Their compensation, s. 3, p. 79. How paid, if fines in regiment prove insufficient, s. 10, p. 164. To transmit to auditor certified list of sherif's receipt for fines, which copy to be evidence on

1

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a motion against the sheriff, s. 4, p. 79. To take an oath, s. 18, p. 165. Penalty for failing to furnish sheriff, &c. with a list of muster fines, or to certify lists to auditor, ibid; name of each clerk to be certified to auditor, s. 18, p. 165, 166.

36. Provost martials, how appointed, s. 31, p. 50. Their compensation, s. 3, p. 79. How paid if fines in regiment prove insufficient, s. 10, p. 164.

37. Fines on brigadier generals, for failing to appoint the training of officers or regimental musters, s. 19, p. 166.

On brigade inspectors for failing to attend the training of the officers and regimental musters, s. 47, p. 54. For failing to make their annual returns to the adjutant general, s. 48, p. 55. How judgment shall be awarded against them, s. 49, p. 55.

On captains for refusing to give a private a discharge, certifying his allotment for actual service, &c. s. 10, p. 42.

On sergeants for failing to give notice of regimental musters, 8. 16, P. 44, 45.

On officers failing to attend training, 8. 21, p. 45, 46.

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On lieutenant colonel commandants for various offences. See No. 27.TABLE OF FINES, &c. (223.)

On majors, for various offences, See No. 28.--TABLE OF FINES, &c. (223.) On captains for various offences. See No. 29. TABLE OF FINES, &c. (223.)

On subalterns for various offences. See No. 30.--TABLE OF FINES, &c. (223.)

On non-commissioned officers and privates, for various offences. See No. 31, TABLE OF FINES, &c. (223.) (224.)

On witnesses failing to attend court martial. See No. 32.

On clerks of courts of enquiry. See No. 35.

How fines may be remitted, s. 30,

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How fines collected from persons having no visible property, s. 33, p.

51.

If list not delivered in time to sheriff, any succeeding sheriff may collect, s. 36, p. 52.

How the fund arising from militia fines appropriated, s. 37, p. 52.

Fines incurred by infants and apprentices, to be paid by the parent, guardian or master, s. 53, p. 55.

Sheriffs' receipts for lists of fines to be certified by clerks of courts of enqui ry to the auditor, and to be evidence on a motion against the sheriff, s. 4, P. 79. Penalty on clerk for failing or for not putting lists into hands of sheriff, sergeant, &c. s. 18, p. 165.

Fund arising from, in any regiment, proving insufficient, for what purposes drafts of colonel commandant, to be paid out of money in the treasury arising from militia fines, s. 10, p. 164.

On adjutant, quarter-master, paymaster, surgeon, surgeon's mate, and sergeant major, for failing to attend certain musters, s. 13, p. 164.

For fines in relation to public arms. See No. 48.

38. Drafts of colonel commandant on sheriff, when to be paid, s. 34. p. 51. Remedy against the sheriff, s. 34, p. 52. When the sheriff of a county is commandant of a regiment, how reco verable, ibid; when an account of to be rendered by commandants of regiments to the court s. 35, p. 52. To be paid by sheriff, and allowed in his account with auditor, s. 40, p. 52. When fines in regiment insufficient, how to be paid, s. 10, p. 164. Drafts of militia for actual service. See No. 12.

39. Insolvencies to be allowed to sheriff, if duly certified by clerk of court or enquiry, s. 40, p. 52. Lists of when to be returned by sheriff to court of enquiry, for their examination, and the certificate of the clerk, s. 41, p. 52.

40. Colours for each regiment and battalion, and a drum and fife or buglehorn, a ǹ each company to be procured be col commandant, s. 38, p. 52. Chaptains who have advanced money for the purchase of, how re-imbursed, s. 89, p. 52.

41. On invasion or insurrection, or probable prospect, the executive to call out the militia, s. 42, p. 53. To appoint quarter-masters, commissaries and other staff, and fix their pay, ibid; to take measures for procuring, transporting and issuing all necessary orders, ibid; orders to be sent to commandants of brigades, ibid; militia may be armed by executive when exposed to, p. 157. On sudden invasion or insurrection, what may be done by commandants of regiments, s. 44, p. 53.

42. Waggons, camp equipage, &c. to be procured by impressment or otherwise by commandants of regiments from which detachments are drawn; articles to be valued and how paid for; if lost by negligence, prosecution how to be commenced for, s. 43, p. 53, and s. 2, p. 121. See IMPRESSMENTS.

43. Requisition of militia when and how to be made by the executive, s. 42, p. 53. By the commandant of one county, on the commandant of another, s. 44, p. 53. When a second may be made by the executive, ibid.

44. In actual service militia to be governed by articles of war, s. 45, p. 53. Courts martial for trial of, to be composed of militia officers only; but approbation of executive necessary to cashiering an officer, or capital punishment, s. 45, p. 54. Pay and rations, the same as troops of the United States, ibid; privileged from arrests and process in civil cases, while in, s. 51, p. 55. May be armed by executive, when called into, p. 157.

45. Patroles to be ordered out by commanding officer of battalion, s. 46, P. 54. Their powers and duty, ibid; their pay, ibid; penalty on officer for failing to appoint, ibid; on sergeant failing to notify privates, or to attend patrole, ibid; on private failing to attend, ibid.

46. Resignations may be received by commandant of regiment, s. 50. p. 55. Officer removing from his county and the bounds of his regiment, or ceasing to perform duty for eight months, to be considered as resigned, s. 2, p. 78. Not to be permitted in less than five years without consent of regimental