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vate, or his removal out of the county, such arms shall be delivered to the commanding officer of the company, who shall make report thereof to the next court to be held, as aforesaid, and deliver the same to such other poor private, as they shall direct. And if any poor private shall remove out of the county, and carry such arms with him, he shall incur the same penalty as if he had sold them. And if any person concerned in selling, purchasing, concealing or removing such arms, shall be prosecuted for the penalty, and upon conviction, shall fail to make instant payment, or give security to pay the same in such time as the court shall deem reasonable, he shall suffer such punishment as the court before whom the recovery shall be made may think fit. And the lieutenant or commanding officer for the time being, of any county, may recover any arms so sold, concealed, or removed, by action or petition, in detinue or trover, with costs. And to the end that such arms may be known, the commanding officer shall cause to be stamped or engraved on them, the name of the county, together with the number of the regiment to which

Duty of offi. they may belong. At every muster, each captain or cers commanding officer of a company, shall call his roll, ters. examine every person belonging thereto, and note down all delinquencies occurring therein, and make return thereof at the next regimental or general muster, to the colonel or commanding officer of his regiment, including those which may occur on that day. Every colonel or commanding officer of a regiment, shall in like manner call his roll, examine and note down all delinquencies in his regiment, and make return thereof, together with those reported from commanding officers of companies, to the county lieutenant or commanding officer, within ten days after every general and regimental muster, who shall lay the whole, together with the delinquencies occuring to him on the like examina. tion, before the court hereafter appointed to take cog. nizance of and determine on them; provided that the commandiog officer of a county, or of a regiment, shall not be obliged to extend their roll calls, or individual examinations, beyond the officers, unless they observe some apparent necessity therefor. And to each of the said returns shall be annexed the following certificate, to wit: " Į

d o certify that the returns hereupto annexed, contain all delinquencies which bave occurred

in the militia of my county, the regiment, or

company of regiment (as the case may be) since the last return, having examined the same as the law directs;" and to the county and regimental re, turn shall be added “And that the reports which accompany them are all which have been made by the

commanding officers of regiments or companies (as the Duty of cap.

case may be.”) Every captain or commanding officer tains as to re. of a company shall, within ten days after every regi. turns. , mental and general muster, make up and report to the

commanding officer of his regiment, a return of his company, including all arms, ammunition, and accou. trements, by this act directed, distinguishing effective and good, from non-effective and bad, noting therein such as have died, removed, been exempted, or

added, and all persons within the bounds of his comOf the com- pany not on bis roll, who ought to be inrolled. The manding offi. commanding officer of each regiment shall, with cer of a regio in fifteen days after every general inuster, make the ment.

like return to the commanding officer of the county, of a county. who shall, within forty days thereafter, make the like

return of the whole of his militia to the governor. Each Caplains duty captain or commanding officer of a company, shall, as to enroll. within ten days after receiving his commission and ments.

qualifying, as aforesaid, inroll all persons within his

district, directed by this act to be inrolled, and shall Asto appoint, appoint to his company, three serjeants, three corpo

rals, a drummer and fifer, to be approved by the commanding officer of his regiment, and all vacancies which

may thereafter happen, shall be filled up by appointNext officers ments in like manner. In all cases of death, absence,

duty on va. or resignation of any county-lieutenant, colonel, or cancy.

captain, the next officer in rank in his respective command shall be considered as the commanding officer during the vacancy, and liable to perform the duties

required by this act, and for neglect therein, shall inEstablish

' cur the penalties annexed thereto. And whereas, it ment of a light compa

will be of great utility and advantage in establishing a ny.

well disciplined militia, to annex to each regiment a light company to be formed of young men, from eighteen to twenty-five vears old, whose activity and doanestic circumstances will admit of a frequency of training, and strictness of discipline, pot practicable for the militia in general, and returning to the main body, op their arrival at the latter period, will be constantly giy


ing thereto a military pride and experience, from which the best of conséquences will result:

IV. Be it therefore enacted, That the governor, with the advice of council, shall issue cominissions for a captain, lieutenant, and ensign to each regiment, in the same manner as is herein directed in this act; and the said companies shall be distinguished by the following words, “ Light Company of Regiment of Militin," filling up the blanks with the number of the regiment and name of the county. Every person belonging to the said light companies, sball wear while on duty, such caps and uniforms as the executive shall direct, to be purchased by the commanding officer of the county, out of the monies arising on delinquents. The captain thereof shall, after qualifying as is directed for other officers, proceed to enlist by voluntary enlistments, in his company, a sufficient number of young men, as before described, and shall have a private muster twice in every three months. And as the men of such light company shall from time to time arrive at the age of twenty-five years, the captain shall make report thereof to the county-lieutenant, who shall order them to be enrolled in the company whose districts they may' respectively live io; and deficiencies shall be supplied by new enlistments. And the said companies shall in all respects be subject to the same regulations and orders as the rest of the militia.

Steuben's dig. V. And be it further enacted, That the plan of ma- cipiine a. jor-general Baron Steaben, established in congress by dople their act bearing date the twenty ninth day of March, one thousand seven hundred and seventy-nine, for forming and disciplining the troops of the United States, shall be the guide for the militia of this commonwealth. It shall be the duty of every commander of a county, Captains du. regiment, and company, at every of their respective ty in training. musters, to cause the militia to be exercised and trained agreeable to the said plan, under pain of being arrested and tried for breach of their duty; and for this purpose, the said officers are hereby authorized to order the most expert and fit officer in their respective companies, to perform that duty. And to the end, Steuben to be that a general knowledge thereof may be diffused, the delivered to executive is hereby authorized and required, to have a each commissumcient number of copies of the said plan printed and sioned officer bound in boards, to afford to every commissioned offi

cer of the militia, one, and to deliver them to the corris manders of counties to be by them distributed; and upon the death, resignation, or removal of any officer, the plan delivered him shall revert to the public; and the commanding officer for the time being, shall deliver the same to a new appointed officer who may not have received one; and for defraying the expence of so do

ing, shall draw on the contingent fund. Time for pro. VI. And be it further enacted, That two years after curing arms. the commencement of this act, shall be allowed for pro

viding the arms and accoutrements herein directed; but in the mean time, the militia shall appear at musters

with, and keep by them, the best arms and accoutreOfficer when ments they can get. Any officer who shall be guilty to be arrest of disobedience, or other misbehaviour when on duty, ed.

or shall at any time be guilty of any conduct unbecoming the character of an officer, shall be put under an arrest by his commanding officer, and tried as hereaf

ter shall be directed. If any non-commissioned officer Non-commis.

ved other or soldier shall behave himself disobediently or mutiand soldier nously when on duty, on, or before any court or board how to be direcied by this act to be held, the commanding officer, punished.

court, or board, may either confine him for the day, or cause him to be bound neck and heels for any time

not exceeding five minutes. If any byestander shall how to be interrupt, molest, or insult any officer or soldier while punished. on duty at any muster, or shall be guilty of the like

conduct before any court or board, as aforesaid, the commanding officer, or such court or board may cause

him to be confined for the day. The lieutenant or Colours, &c. commanding officer of a county, shall cause to be purhow to be chased, out of the money arising from the fines, for proocured.

every regiment in his county, the usual sets of colours, with such devices thereon as the executive shall direct; also a drum and fife for each company; and on the colours and drum shall be marked, the name of the county, with the number of the regiment and company to which they belong.

And whereas it is necessary that adequate powers be Executive vested in the executive for calling forth the militia and empuwered resources of the state, in cases of invasion or insurto call forth the militia. rection, or upon any probable prospect of such invasion

or insurrection: When,

VII. Be it further enacted, That the governor with the advice of the council, be authorized and empowered,


on any such invasion or insurrection, or probable prospect thereof, to call forth such a number of militia and, from such counties, as they may deem proper. And To appoint for the accommodation, equipment, and support of the se forces, so at any time to be called forth, the governor, with the advice aforesaid, may appoint such quarters masters, commissaries, and other staff, as to them shall seem proper, and to fix their pay and allowances, and shall also take such measures for procuring, transa porting, and issuing all stores which may be necessary, as to them shall seem best. Orders for the . How to call

forth. militia to be called forth, as aforesaid, shall be sent to the county lieutenant or commanding officer, with a notification of the place or places of rendezvous, who shall immediately take measures for detaching the same, with the necessary number and ranks of officers by detail and rotation of duty. If such de-. Coun

de tenant's duty tachment shall amount to one-third of a regiment, he in sending shall send one field officer with it; if two-thirds of a re- officers. giment, two field officers; and it more than two-thirds, three field officers. The county lieutenant or com

In impress.

"ments. manding officer shall cause to be procured by impressment or otherwise, for each company, a waggon, team, and driver, six axes, and six camp-kettles or pots of convenient size, all which shall be delivered to the commanding officer of the company, who shall be accountable for returning the same when his tour is over: and

paid for imthe articles aforesaid shall be returned to the owners, pressed arti. who shall be allowed for the use of the same whatever cles. may be adjudged by the court hereinafter appointed for enquiring into delinquencies. And to the end, that if, Lost articles

how to be any article impressed, be lost, the owner may be paid paid för. for the same, the county lieutenant or commanding officer shall cause all property by him impressed by virtue of this act, to be valued by two or more disinterested freeholders, on oath, before the same shall be sent away: and upon proof being made to the said court of any article being lost, the valuation thereof shall be allowed, without any allowance for the use, and the said allowance shall be certified to the auditors of public accounts. The said court shall make enquiry into the cause of such loss, and if it shall appear that the said loss was occasioned by the misconduct or inattention of any officer, the county lieutenant or commanding officer is hereby authorized to prosecute a suit against such of

Voa, xır.

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