the senior non-commissioned officer of a company, while there are no commissioned officers in office, shall command the same; and all the authorities and powers of Commanding officer shall be vested in him, until some commissioned officer shall be chosen or appointed and has qualified himself: Provided however, That when a company, destitute of commis- Company pasioned officers, shall parade with other troops, the Command-commissioned ing officer present shall assign some commissioned officer or provided. officers to such destitute company, to command the same while on parade. raded without officers, how arranged and equipped. how provided. &c. to be fur ter master gen. SEC. 17. Be it further enacted, That each brigade, where Artillery, how there are now, or may hereafter be, two companies of artillery, they shall form a battalion, and be entitled to a Major, an Adjutant, and a Quarter Master; that in each brigade, where there are now, or shall hereafter be, three companies of artillery, they shall still form one battalion; and that in each brigade, where there are now, or may hereafter be, four companies of artillery, they shall form a regiment of two battalions, and be entitled to a Colonel, Lieutenant Colonel, and Major. And each company of artillery shall be provided by Field pieces, the Quarter Master General with two good brass field pieces, of such calibre as the Commander in Chief may direct, with carriages and apparatus complete; an ammunition cart, forty round shot, and forty rounds of cannister shot; also tumbrils, harness, implements, laboratory, and ordnance stores, which may from time to time be necessary for their complete equipment for the field. And the Commander in Chief shall order Ammunition, to be issued, to each company of artillery, annually, a quantity nished by quarof powder not exceeding forty pounds, which shall be expended on days of inspection or review, and in experimental gunnery. And the Commanding officer of every company of artillery shall be accountable for the careful preservation of the pieces, and all the apparatus aforesaid appertaining to their equipment, and for the proper expenditure of the ammunition supplied by the Government. And the Commanding officer of every company of artillery shall lay before the co:nmittee on accounts for allowance, his accounts of money actually expended in providing horses to draw the field pieces and tunbril of his company: Provided however, No allowance shall be made, unless such company is ordered to appear at a battalion, regimental, brigade, or division inspection, or review, or unless such company is ordered on duty by the Commander in Chief. And each Commanding officer of a company of Drivers to be artillery is hereby authorized to enlist three drivers, who, when enlisted, shall be exempted from other military duty, except that of keeping the harnesses and apparatus of the carriages, belonging to the company, in good order. eral. Proviso. enlisted. arranged and SEC. 18. Be it further enacted, That where there are Cavalry, how now, or may hereafter be, two companies of cavalry in a equipped. brigade, they shall form a battalion, and be entitled to a Major, on Adjutant and a Quarter Master. And in those brigades, where there are now, or may hereafter be, three companies of cavalry, they shall still form a battalion; and in each brigade, where there are now, or may hereafter be, four companies of cavalry, they shall form a regiment of two battalions, and be entitled to a Colonel, Lieutenant Colonel and Major. And if any non-commissioned officer or private of any company of cavalry shall be destitute of a suitable horse and furniture for more than two months, at one time, it shall be the duty of the Commanding officer of the company immediately to apply to the Brigadier General of the brigade, who may discharge such non-commissioned officer or private from such company, and cause him to be enrolled in the standing company within whose bounds he resides, and if he be a non-commissioned officer, he shall be considered as reduced to the ranks. And when any draft or from cavalry detachment shall be made from any company of cavalry for horses apprais- actual service, the men drafted or detached shall march with their own horses, and before they march, if there be time, the horses shall be appraised by three impartial men, to be appointed by the Commanding officer of the brigade, to which the company belongs, from which the draft or detachment is ordered. Men drafted to have their ed. Cavalry, artil lery, &c. not to be raised by standing com reducing panies below 48 privates. Companies, raised at large, SEC. 19. Be it further enacted, That no company of cavalry, artillery, light infantry, grenadiers, or riflemen, shall be raised at large when any of the standing companies shall thereby be reduced to a less number than forty-eight effective privates; and if any officer of cavalry, artillery, light infantry, grenadiers, or riflemen, shall enlist any men, belonging to a standing company, or residing within the bounds thereof, for the purpose of forming or recruiting his company, when by means thereof such standing company would be reduced to a less number than forty-eight effective privates borne on the company roll, exclusive of those between the ages of forty and forty-five years, such enlistment shall be void. And if any company, raised at large, shall at any may be disband time be destitute of commissioned officers, and shall neglect to fill the vacancies for two months, after being ordered to choose officers to fill them, or if any such company shall be reduced, to a less number than twenty privates, and remain so for three months, then in either case as aforesaid, such company shall be disbanded, and the men which belonged to such delinquent company shall be enrolled in the standing company within the bounds of which they respectively reside. And all companies, raised at large, and not annexed to any particular regiment, shall be subject to the orders of the Commanding officer of the brigade in which they have been raised; and shall make their elections of officers in the same manner as other companies, but shall make their returns of elections to the Commanding officer of the brigade. ed in certain cases. And at all parades of regiments, the companies commanded by the two senior Captains shall act as light infantry companies, except where companies of light infantry, grenadiers, or riflemen, have been or may be hereafter raised and annexed to the regiment. bands of music How organized. SEC. 20. Be it further enacted, That each Colonel or Com-Regimental manding officer of a regiment be, and he hereby is authoriz- to be raised. ed, to raise, by voluntary enlistment, within his own regiment, or any adjoining regiment, with the written consent of the Commanding officer of such regiment, and organize and establish within his regiment a band of music not to exceed twenty musicians, including one master and one deputy master, and the Colonel or Commanding officer shall grant the musicians, deputy master and master of such band, warrants as such. And each band shall be under the direction of the Commanding officer of the regiment in which it is organized. And it shall be the duty of the master and deputy master, Duties, &c. to teach, lead and command such band, and to issue all such orders as they may be, by their Colonel or Commanding officer, authorized to do for these purposes. And each master, deputy master and musician shall constantly keep himself provided with the uniform of the band to which he belongs, which uniform is to be prescribed in the same manner as the uniform of the regiment to which the band belongs-and shall also keep himself constantly provided with such instrument or instruments, as may be directed by the Commanding officer of the regiment. punished for bedience, &c. And the bands belonging to the regiments, shall also be under the Brigadier General or the Commanding officer of the brigade, (the senior master present, having the direction of said bands,) wherever the said regiments shall meet in brigade. And if any master, deputy master or musician shall be Musicians, how guilty of any neglect of duty, disobedience of orders, disor- neglect, disoderly or other unmilitary conduct, he shall forfeit not less than five nor more than twenty dollars, for each offence, one half thereof to the use of the officer, suing therefor, and the other half to the Colonel of the regiment, to which the offender may belong, for the purchase and repair of musical instruments for said band, to be sued for by the Adjutant of the regiment; or by the Brigade Major of the brigade, if assembled in brigade; in an action on the case before any Justice of the Peace in the county where the offender resides, and no appeal shall be allowed to either party; and such master, deputy master or musician, shall moreover be liable to be removed from the band at the discretion of the Colonel or Commanding officer of the regiment, within which such band is organized, and shall forthwith be enrolled as a private in the standing company, within the bounds of which he resides. And each master, deputy master and musician of a band, empted from Musicians ex. duty. other military shall be exempted from all military duty while belonging to the band, excepting such as shall be required of him by the Colonel or Commanding officer of the regiment, or by the Brigadier General or Commanding officer of the brigade when the regiments are assembled in brigade. Companies to be paraded for inspection or the first Tues and on two oth ing. fying men to appear. SEC. 21. Be it further enacted, That every Commanding officer of a company shall parade his company on the first Tuesday of May annually, at one of the clock in the afternoon, for the purpose of inspecting, examining, and taking an exact account of all the equipments of his men, and for noting all delinquencies of appearance, and deficiencies of equipment, and for correcting his company roll, in order, that a thorough inspection of each company in the State may be made. And it shall be the duty of every Commanding officer of a company, to parade his company by his own order, on two several days in the year for training, in addition to the company inspection aforesaid; and on the three several days of training and inspection, to use his best exertions, in instructing and perfecting his men, in their company exercise Mode of noti- and evolutions. And whenever the Commanding officer of a company, shall order out his company for inspection or training, or for any battalion, regimental, brigade, or division inspection, or review, he shall issue his orders to some one or more of the non-commissioned officers or privates of his company, requiring him or them, to notify the men belonging to his company to appear at the time and place appointed; and it shall be the duty of the non-commissioned officer or officers, private or privates, so ordered as aforesaid, to give notice of the time and place appointed for the parade of said company, to each and every man he or they shall have been ordered to notify, either verbally or by delivering to each man in person, or by leaving at his usual place of Legal notice. abode, a written or printed order. And no notice shall be legal, for any company inspection or training, or for any bat talion, regimental, brigade, or division inspection, or review, unless the same shall be given four days at least previous to the time appointed therefor. Provided always, That in casc of invasion, insurrection, or other emergency, any notice, however short, shall be legal and binding. And in all cases Proof of notice. the testimony of the clerk or any other non-commissioned officer or private, who shall have received orders to notify the whole or any part of the men, of any company to appear at a time and place appointed, for any military duty, shall be conclusive to prove, that due notice was given to the party prosecuted, unless such testimony be invalidated by other evVerbal notice idence. And whenever any company shall be paraded, the Commanding officer of such company is hereby authorized verbally to notify the men so paraded, to appear on some future day, not exceeding thirty days from the time of such notification, and such notice shall be legal as it respects the be compelled to men present: Provided, That no soldier shall be compelled to No soldier to perform more than four days military duty in one year, ex-do military cept in time of war or public danger, and for choice of of-4 days in a ficers. duty more than yeur. limits to their SEC. 22. Be it further enacted, That every Commanding commanding officer, when on duty, is hereby authorized to ascertain and officers to fix fix necessary limits and bounds to his parade, (no road in parade. which people usually travel to be included,) within which no spectator shall have a right to enter, without liberty from such Commanding officer; and in case any person shall intrude within the limits of the parade after being once forbidden, he shall be subject to be confined under guard during the time of the parade, or a shorter time, at the discretion of the Commanding officer. ed. SEC. 23. Be it further enacted, That in all cases of doubt Age, how provrespecting the age of any person intended to be enrolled, the party questioned as to his age shall prove the same to the satisfaction of the enrolling officer; and if any person liable to military duty, upon application to him personally by the Commanding officer of the company, within the bounds of which such person resides, or upon application by any person act- Penalty for re ing under such Commanding officer, shall either refuse to give name, or false his name, or not give his name truly, every such person so one, on inquiry. offending, shall forfeit twelve dollars, to be sued for by the Clerk of the company in an action on the case before any Justice of the Peace of the county where such offender resides. fusing to give fying for choice SEC. 24. Be it further enacted, That when any non-com- Mode of notimissioned officer or private in any company, shall receive of officers. orders from the Commanding officer of such company, to notify and warn such company, or any part thereof, to meet for the purpose of choosing any officer or officers, it shall be the duty of such non-commissioned officer or private, to give every person he is so ordered to warn, verbal notice, or to leave him a written or printed notification at his usual place of abode, specifying the time, place, and purpose of said meeting; and no election of a company officer shall be valid in future, unless a majority of the voters of the company are present at the election. Company mu eulisted. SEC. 25. Be it further enacted, That each and every Captain or Commanding officer of any company is hereby em- sicians may be powered to enlist, as musicians for his company, and within the bounds of the same not exceeding two drummers and two fifers, or one fifer and one bugler, for and during the term of seven years, unless sooner discharged by removal to such distance from the said company, as to render it inconvenient for said musician to perform the duties required of him, or by reason of some other good and legal excuse. And any such Penalty for ne musician, so enlisted, who after having been duly notified get of duty, and warned shall refuse to perform his duty as musician at all legal meetings of said company, shall forfeit and pay for &c. |