til he shall have been discharged by one of the methods or causes pointed out in the preceding article, or shall have received a certificate of his discharge from the Commander in Chief. ing to deliver in property, in his possession. Art. 11. No general or field officer shall approve a resig- Officer resignnation, until the orderly and other books and property of books and State the State, in the possession of the resigning officer are taken care of, for the use of the corps to which such officer belongs, in order that such books and property may be deliv ered to his successor. Commanding to return list of Art. 12. The Captain or Commanding officer of every of com company raised at large, shall annually, in the month of panies at large April, make out a list of the names of the men belonging to his men in his company, and deliver the same to the commanding offi- April. cer of the regiment or regiments, within whose bounds such men reside. to make return commanding ment in May, annually. make return to Art. 13. Every Captain or Commanding officer of a com- Captains, &c,` pany shall make a return of the state of his company, com- of company to prehending the names of all the men belonging thereto, with officer of regi all the arms and equipments of the men present at the company inspection, to the commanding officer of his regiment. or battalion, in the month of May, annually. Every Com- Adjutant of manding officer of a regiment shall cause his Adjutant to regiment to make a return of the state of his regiment to the Command-brigadier in ing officer of the brigade in the month of June, annually. June. And every Commanding officer of a brigade, shall cause his Brigade return brigade Inspector to make out a return of his brigade, of to be made to which he shall transmit to the Major General of the division in July. to which he belongs, in the month of July, annually. And Division return the Major General shall cause the Division Inspector to to be made to transmit a certified copy of such brigade returns to the office in geneof the Adjutant General during the months of August and or September. September, annually. major general ral in August ing in volun holden 7 years. \ Art. 14. Every person who shall lawfully enlist in any Persons enlist. volunteer company, (whether such person be exempted by teer companies this Act from any military duty or not,) shall be holden to do duty therein for the term of seven years, unless such person be sooner discharged by the order of the Commanding officer of the brigade. eral in certain charge privates, request of un eer corps, Art. 15. Each Brigadier General or Commanding officer Brigadier genof brigade, within his own brigade, upon application of the cases, may disCommanding officer of any company of artillery, cavalry, &c. from vollight infantry, grenadiers, or riflemen, may discharge any at non-commissioned officer or private from any of the afore- captains. said companies; and such non-commissioned officer or private shall forthwith be enrolled in the standing company, within the bounds of which he resides; and every non-commissioned officer so discharged, shall be considered as reduced to the ranks. Art. 16. Whenever different corps shall parade, join, or Senior officer to command corps are join when different do duty together, the senior officer present, according to rank, shall command, without regard to corps. ed. Penalty for of ficer refusing Art. 17. Any officer neglecting or refusing to make a draft or detachment, when ordered in pursuance of the thirtieth to make draft. section of this Act, shall be arrested, and be liable to be tried by a court martial, and the officer next in command, shall be ordered to make the draft or detachment. Cartridges Art. 18. It shall be the duty of each Commanding officer be distributed of a company, drawing cartridges in pursuance of the twentyninth section of this Act, to cause them to be distributed equally among his men on the parade, and to be used in teaching his men precision in their firings. And if any non&c. on parade commissioned officer or private shall come on to any parade with his musket, rifle or pistol, loaded with ball, slugs or shot, he shall for such offence forfeit not less than five, nor more than twenty dollars. Penalty for having gan, loaded with ball, &c. For parading days. Art. 19. If any officer, contrary to the provision of the men on election thirty-second section of this Act, shall parade his men on either of the days of election in said section pointed out, he shall be liable to be tried by court martial; and moreover shall forfeit a sum not less than fifty, nor more than three hundred dollars, to be sued for and recovered in any action on the case, before any Court of competent jurisdiction, one moiety thereof to the use of the person who may prosecute for the same, the other to the use of the State. 'Companies in how to be form ed. Art. 20. At all regimental and battalion parades, the sevregiment. &e.eral companies shall form in regiment or battalion, according to the rank of the officers present, actually commanding them; and the same rule shall apply in all cases, excepting those in which artillery, cavalry, light infantry, grenadiers, and riflemen, may by usage and necessity, be detached from the regiments and battalions. Punishment for haviour of privares, &c. when on duty. Art. 21. Any non-commissioned officer or private, who disorderly be shall, while under arms, or when on duty, behave himself with contempt to an officer, or shall conduct in a disorderly manner, or excite or join any tumult or riot, or be guilty of any other unmilitary conduct, may be put under guard, and so kept for a longer or shorter time, at the discretion of the Commanding officer of the company; not exceeding however, the time which the company, to which he belongs is dismissed; and shall moreover forfeit a sum not less than five, nor more than twenty dollars for each offence, according to the degree and aggravation of the same. Fine for quit. without Art. 22. Any non-commissioned officer or private, who ting platoon, shall, without leave of his officer, quit his guard, section, platoon, or company, shall for each offence forfeit not less than two, nor more than ten dollars. leave. Disorderly fir ing. Art. 23. Any non-commissioned officer or private, who shall, in going to or returning from, or while on the place of parade, or while under arms, unnecessarily, and without or ders discharge his musket, rifle or pistol, shall forfeit not less than five, nor more than twenty dollars for each offence. or warning Art. 24. Any non-commissioned officer or private, who for neglecting shall refuse or neglect to give any notice or warning, when to give notice ordered thereto by the Commanding officer of the company when required. to which he belongs, shall for such offence forfeit not less than one, nor more than four dollars, for each non-commissioned officer or private, which he shall neglect or refuse to warn or notify, to be recovered on indictment in the Circuit Court How recovered. of Common Pleas, or on complaint before some Justice of the Peace; one half thereof to the complainant and the other half thereof to the State. Non-commis. Art. 25. If any non-commissioned officer or private, shall, sioned officer, in due course of law, be convicted of any infamous crime, he or private, conshall be forthwith disenrolled from the Militia. victed of infamous crime, to be disenrolled. bedience, &c. Art. 26. Every non-commissioned officer, who shall be Sergeants, &c. guilty of any disobedience of orders, neglect of duty, or guilty of disoother unmilitary conduct, may be reduced to the ranks by to be reduced, the Commanding officer of the regiment to which he belongs, by and with the advice of the Commanding officer of the company to which such non-commissioned officer belongs. sence of pri Art. 27. Every non-commissioned officer or private, (ex- Fine for ab cepting those, who by the third section of this Act, are per- vates, &c. mitted to send their arms and equipments on that day for ion in Mayinspection,) who being duly ordered to appear at the company inspection and view of arms on the first Tuesday of May, and shall unnecessarily neglect to appear at the time and place appointed, shall forfeit two dollars and fifty cents. from company Art. 28. Every non-commissioned officer or private, who, for absence being duly ordered, shall unnecessarily neglect to appear trainingat any company training, at the time and place appointed, shall forfeit one dollar and fifty cents. tal muster, &fo Art. 29. Every non-commissioned officer or private, who from regimen. being duly ordered, shall unnecessarily neglect to appear, for any battalion, regimental, or brigade inspection or review, at the time and place appointed, shall forfeit three dollars. And in no case in time of peace shall any substitute be received. equipments at tion. Art. 30 Avery non-commissioned officer or private, who for deficiencies shall appear at the company inspection, on the first Tues- of arms and day in May, or at any company training, or for any battal- May inspec ion, regimental, or brigade inspection or review, and shall not be armed and equipped as the law directs, shall for each article, in which he is deficient, or which shall be of bad quality, or in bad condition, forfeit as follows: if deficient of a good musket, bright and in good order, of a bore sufficient for balls of the eighteenth part of a pound, a sufficient bayonet and belt, and an iron or steel ramrod; all which articles are to be considered as one, and a deficiency in either shall be considered a deficiency of the whole, he shall forfeit one Fine for not wearing uniform of the company. Excuses for absence, &c. to be made dollar; if deficient of a cartridge box, containing twenty-four cartridges suited to the bore of his musket, and each cartridge containing a proper quantity of good powder and ball, or if deficient of a serviceable knapsack, he shall forfeit thirty cents; if deficient of two spare flints and priming wire and brush, or either of them, he shall forfeit twenty cents; Provided nevertheless, That none of the above forfeitures shall be incurred by any private, in case he appears with a good rifle, knapsack, shot pouch, powder horn, a quarter of a pound of powder, and twenty balls suited to the bore of his rifle : Provided moreover, That cartridges, with ball, shall not be brought into the field, except at the company inspection on the first Tuesday in May, and knapsacks may be dispensed with at the company trainings. Art. 31. If any non-commissioned officer or private of any company of artillery, cavalry, light infantry, grenadiers, or riflemen, shall appear on any of the occasions mentioned in the preceding article, without the uniform of the company to which he belongs, he shall forfeit one dollar and fifty cents. Art. 32. All excuses for non-appearance of non-commissioned officers and privates, must be made within eight days of within 8 days. any training, view of arms, or other military duty, to the Commanding officers of their respective companies; and on the delinquent's producing or causing to be produced satisfactory evidence of his inability to appear, his Commanding officer may excuse him; but all Commanding officers of companies are hereby forbidden from receiving any excuse, for non-appearance, under any pretence whatever, after the expiration of the eight days allowed. And any such non-commissioned officer or private, who shall neglect to give or cause to be given, to his Commanding officer, such satisfactory evidence of his inability to appear, (Provided, he is not prevented therefrom by severe sickness,) within the said eight days, shall forfeit and pay the penalty by law provided for such non-appearance. And all Commanding officers of companies are prohibited from receiving any excuses from their men, for any deficiency or deficiencies of equipments, and Commanding officers of companies shall inform, or cause their clerks to be informed, of all the excuses for non-appearances, which they may allow as good and sufficient. No excuse al lowed for defect of equip ments. Fine for absence from meeting for Art. 33. Any non-commissioned officer or private, being a legal voter of a company, who, after being duly notified, choice of off shall unnecessarily neglect to appear at any meeting for the choice of any officer or officers of the company to which he belongs, he shall for every such neglect, forfeit one dollar. cers. Surgeons, &c. prohibited from taking fee for certifi Art. 34. All Surgeons and Surgeons' mates are prohibited from taking any fee or gratuity whatever, under any pretence cate of disabili Whatsoever, from any man to whom they may give a certifi cate of inability to perform military duty on account of bodi ty. ly infirmity. And it shall be their duty critically to examine the case of any applicant for such certificate, and not to grant a certificate unless the infirmity or disability be such, beyond all doubt, as to render him unable to perform military duty. And if any Surgeon or Surgeon's mate, shall in violation of this article, take any fee or gratuity, or if any Surgeon or Physician not commissioned as Surgeon or Surgeon's mate, shall without good and sufficient cause, grant such certificate in violation of this article, he shall, for every such offence, Penalty and forfeit and pay not less than twenty, nor more than one hundred dollars, to be recovered by indictment in the Circuit Court of Common Pleas; one half thereof to the complainant and the other half to the State. how recovered, Rosters and or- derly books to Art. 35. The Aid-de-Camp to each Major General, by him appointed orderly officer; the Aid-de-Camp of each brigade, be and the Adjutant of each regiment, battalion, or corps, shall constantly keep a correct roster of the division, brigade, regiment, battalion, or corps, to which they respectively belong; and an orderly book, and record therein all orders and other official communications, received or issued by their respective commanding officers, and copy, distribute, and transmit all such orders and other papers, as they may be directed by said officers, and attend them while on the performance of military duty. bedience of officers, non Art. 36. Every Sergeant Major, Quarter Master Sergeant, Fines for ne Drum Major or Fife Major, who shall be guilty of neglect or gleet or disodisobedience of the orders of the Commanding officer of their regimental staff respective regiments or battalions, shall, for cach offence, for- commissioned. feit not less than five dollars, nor more than twenty dollars, How recovered to be recovered by the Adjutants of their respective regi- and disposed of ments or battalions, on complaint, in the same manner, that fines are recovered by clerks of companies; one half thereof to said Adjutant, for his own use, and the other half to be expended by him, under the direction of the field officers, in the repair of the regimental and battalion colours, and of the musical instruments furnished by the State for the use of the companies of his said regiment or battalion, and the purchase of camp colours. And every such non-commissioned officer, Such staff offwho shall be guilty of any disobedience of orders, neglect duced, &c. of duty, or other unmilitary conduct, may be reduced to the ranks by their Brigadier General, by and with the advice of the Commanding officer of the regiment or battalion to which such non-commissioned officer may belong. Art. 37. These rules and articles shall be read at the head of each company on the first Tuesday of May annually. SEC. 46. Be it further enacted, That all fines and forfeitures incurred by non-commissioned officers and privates under the provisions of this Act, the recovery of which, and the mode of the recovery of which, are not in and by this Act. otherwise provided for, shall be prosecuted for and recover cers may be re Rules to be read to each company ist |