1803. the adjutant general ; and every commission hereafter issued by the

governor as aforesaid, shail express the number of the division, brigade and regiment respectively, to which the person obtaining the

same shall belong. Districts to be 9. Where commanding officers of regiments have failed to lay off luid uit and re• their regimental, battalion and company districts, or where any alcorded.

teration in districts actually laid off, may hereafter be found necessary,commanding officers of regiments shall assemble the commanding officers of battalions and companies, at some fit and convenient place and may proceed to lay off or alter any such regimental, battalion or company district, which districts shall in all cases be designated by certain lines and bounds, and recorded by the clerks of

the courts of enquiry, respectively. Men allotted for

10. And be it further enacted, That where it has not already been aetual service

done, it shail be the duty of the commanding officers of companies to proceed forthwith to divide their companies into divisions by ballot from one to ten, for the purpose of a regular rotine of duty when called into actual service ; and to return a roster of each division and its number in rotation, within fifteen days thereafter to the commanding officer of his battalion, who shall forthwith transmit the same to the commanding officer of the regiment, who shall direct the same to be recorded by the clerk of the court of enquiry. The same regulations shall be observed by every commanding officer of a company, battalion and regiment, on the subsequent enrollment of any person therein, unless such person shall produce a certificate of his

having been before drawn for the above purpose, in which case he A militia man re- shall be enrolled accordingly, and every militia mán removing out of moving outofthe the bounds of one company into another, shall apply to the commandbounds of his

ing officer of the company to which he did belong, who shall give company shall obtain a certifi. him a discharge, certifying the class wherein he was arranged, and

whether he had performed his tour of duty or not, and also the time and date of such service; which certificate the said militia man shall produce to the captain or commanding officer of the company into whose bounds he shall so have removed, within ten days after his settlement; and such officer is hereby required to enrol him in the numerical class specified therein; and every militia man so remov

ing and failing to produce such certificate, shall be arranged and Penalty for an of. enrolled in the class destined to perform the next tour of duty. And ficer refusing if any captain or commanding officer of a company, shall refuse to such certificate

grant such certificate upon application to him made for that purpose, he shall for such refusal, incur à penalty of thirty dollars, to be as

sessed and applied as other fines imposed by this act. Gorernor, &c. to 11. And be it further enacted, That the governor with the advice allot entire com- of council, shall and may cause the several companies of artillery, panies of artilic. cavalry, grenadiers, light infantry and riflemen, to be allotted by en

& for actual service tire companies into divisions from one to ten, for a regular rotine

of duty; and the said companies shall in future be called into actual service by entire companies, in such manner and proportion, as the rest of the militia, or as the nature of the service may require; and all such allotments shall be returned to the office of the adjutant

general to be recorded by him, Who shall be ex

12. And be it further enacted, That the members of the council of empt from mili. tia duty.

state, judges of the superior courts, clerks of both houses of the general assembly, clerks of the superior and inferior courts, the attor

cate.

ney general, the treasurer and his clerks, the auditor of public ac- 1903. counts, the register of the land office, and their clerks, all inspectors of tobacco, all professors and tutors and students of the college of William and Mary, and all other public seminaries of learning, ail ministers of the gospel licensed to preach according to the rules of their sect, who shall have previously taken, before the court of their courty, the oath of fidelity to the commonwealth ; keepers of the public, district and county jails, and of the public hospitai; millers actuaily and recessarily employed in the management of water grist mills legally established; all ferry men actuaily and necessarily employed as such, snail and they are hereby exempted from the performance of all and any part of the duties required by this act.

13. And be it further enacted, That the commanding officers of Men to be inrot. companies shall enrol every able bodied white male citizen, between ed. the ages of eighteen and forty-five, except such as are exempted by this act, resident within his district; and that in all cases of doubt respecting the age of any person enrolled or intended to be enrolled in any company of militia, the party questioned shall prove his age to the satisfaction of a majority of the officers of the company within whose bounds he may reside.

14. And be it furiher enacted, That the governor with the advice Volunteers to be of council, or on the recommendation of the county or corporation enlisted for each courts, shall issue commissions for at least one captain, one lieute

baitalion. nant and one ensign, to each battalion, who shall proceed by voluntary enlistment, within their battalion, to enrol a sufficient number of men to complete their company or companies, and be distinguished by the denomination of grenadiers, light infantry or riflemen, at the discretion of the commanding officer of the regiment; and ine governor shall moreover as aforesaid, issue commissions for officers of one or more troops of cavalry,* to each regiment, and with the one troon of ca: advice of council at their own discretion, to appoint and commission valry to each re. the necessary officers for one or more companies of artillery in each giment, and cre brigade ; which said officers of cavalry and artillery are hereby em-com: ans of arti!

to . powered to enlist by voluntary enlistment within their respective gade, at least. regiments or brigades, in such proportion to each officer respectively appointed, as the executive shall direct, a company or companies of cavalry or artillery, according to the tenor of the commissions, to be denominated respectively the

company of cavalry or the

company of artillery, (as the case may be.) The said companies of grenadiers, light infantry or rifle- Their usifer mis. men, shall wear, while on duty, such caps and uniforms as the executive shall direct, to be purchased out of the money arising on delinquents, and shall, together with the said troops of cavalry and companies of artiHery, perform the same rotine of duty, and be subject to the same rules, regulations and orders, as the rest of the mi- Such comesnica litia. The said light companies shall constitute a part of the batta- shall for part of lion in which they are raised, and the said troops of cavalry and com- the battalion in panies of artillery shall parade with the regiment out of which they wic, they se

raised. have been enlisted: Provided, That where there are more than one

Provisa. regiment in any county, and but one such troop or company, the br gadier general of the brigade of which such county is a part, shall direct with which of the said regiments the said troop cr company shall parade. And where two troops of cavalry are attached to one

So much of this section as authorises the executive to issue commissions for pore than one troop of cavalry repealed. See post ch. 53, sec. 6.

1803. regiment, one troop shall be annexed to each battalion by the com

manding officer of such regiment. All and every ofñcer appointed Oficers failing to as herein before directed to command in any of the volunteer comcomplete quota in a given panies, who shall fail to complete his quota within six months after time may be dis, receiving his commission, shall, at the discretion of the executive, continued. (unless good cause is shewn to the contrary) be discontinued (a)

Provided, That no person enlisting in any of the said volunteer com

panies, shall be compelled to serve therein more than five years. Volunteers to 15. And be it further enacted, That there shall be a muster of each muster everytwo troop of cavalry, and company of artillery, once in every two months, months.

except the months of January, February, March and December in Delinquents to every year; and it shall be the duty of the commanding officer of be fined.

every such troop or company, and they are hereby required, at each and every muster, to call his roll, examine every person belonging thereto, and note down all delinquencies occurring therein, and make return thereof on oath, to the commanding oficer of the regiment* within whose bounds such delinquent may reside, to be reported and proceeded against in like manner as other delinquents; and it shall be lawful for any commissioned officer of cavalry or artillery, to sit in any court of enquiry and assessment of fines, to which any person in their respective companies is reported a delinquent; Provided, That not more than one such officer sit in any such court at the same

time. Militia to muster

16. There shall be a muster of each company of militia, includevery two ing the light companies, once in every two months, except the months months.

of December, January, February and March, in every year, at such times and places as the regimental courts of enquiry shall from time to time, direct and appoint. And there shall be a muster of each battalion, in the month of May in every year, to be appointed by the commanding officer of the regiment to which such battalions re

spectively belong, at such place as he deems most convenient within Regi nentalmus. the battalion district; and there shall be a muster of each regiment, ter to be in Octo- in the month of October or November in every year, to be appointberor November

ed by the commanding officer of the brigade to which such regiments respectively belong, at such place as he shall think most convenient within the regimental district; which said company, batta

lion and regimental musters, shall continue one day and no longer. Notice thereofto The time and place of such regimental musters, shall be notihed to be given to offi- the commanding officers of regiments, forty days previous thereto; cers,

the commanding officers of regiments shall give notice to the commanding officers of battalions, of the time and place of regimental and battalion musters, at least thirty days ; and the commanding officers of battalions, to the commanding officers of companies, at least twenty days; and the commanding officers of companies to their sergeants, at least ten days; and the sergeants to each person in their companies, at least three days before such muster. The notices given by the commanding officers of brigades, regiments and battalions, shall be in writing delivered to each person to be notified, or left at his usual place of abode ; and every sergeant failing to give

Proviso.

mental musters,

notice agreeable to this act shall forfeit and pay for every offence, 1803.". three dollars ; nevertheless, all notices publicly given by the commanding officers of companies at their respective musters, of any Penalty on sen subsequent muster, shall be held and deemed as legal notice; Pró- geants for ne

glect. sided, That nothing herein contained shall be so construed, as to make notices of company musters necessary. Every officer and soldier shall appear at his respective muster field, on the day appointed, by eleven o'clock in the forenoon. At every muster, the com- Roll to be called manding officer of the company, shall call his roll, examine every at company musperson belonging thereto, and note down all delinquencies accruing ter& delinquent

returned therein, and make return thereof, at or before the next regimental or battalion court of enquiry, to the commanding officer of his bat: talion, including those which occurred on the day of his last regimental or battalion muster, and the commanding officers of regigiments and battalions, shall, at their respective regimental or lattalion muśters, as the case may be, take notice of all the delinquent officers, and shall lay the same together with the returns of delinquencies from the commanding officers of companies, before the court of enquiry under this act to take cognizance of, and determine on them; and to each of the said returns, shall be annexed the following certificate, to wit; “I

do certify that the Form of certifiw

to be annex returns hereto annexed contain all the delinquencies which have oca ed to returns of curred since my last return, having duly examined the same.” delinquents. 17. Every commanding officer of a company shall within ten days Returns to be

. after every regimental muster, make up and report to the command- made after regiing officer of his battalion a return of his company in such manner and form, as shall be furnished by the proper officer from time to time. It shall be the duty of the commanding officers of battalions, to make like returns to the commanding officers of regiments within ten days thereafter, who shall cause the adjutant of his regiment to make regimental returns to their respective brigade inspectors within twenty days thereafter, 18. Each captain or commanding officer of a company, shall ar

Noncommissionpoint to his company, four sergeants, four corporals, a drummer and

sicians to be ap fifer, to be approved of by the commanding officer of his battalion. pointed:

19. In all cases of death, absence or resignation, of any major ge- In case of ab. neral, brigadier general, lieutenant colonel commandant, major, capa sence, death,&c. tain or lieutenant, the next officer in rank in his respective commands, the officer next shall be considered as the commanding officer during such vacancy, command. and liable to perform the duties required by this act, and for beglect therein, shall incur the penalties annexed thereto.

20. It shall be the duty of every commanding officer of a regi- Militia to be exment, battalion or company, at their respective musters, to cause the ercised, and for militia to be trained and exercised, agreeably to the mode of dis- ding officer to be

failure commancipline prescribed by congress, under pain of being arrested and tri- arrested. ed for breach of duty; and for this purpose, the said officers are hereby authorised to order the most expert and fit officer in their respective commands, to perform the duty.

21. And in order that a knowledge of the rules of discipline may Commissioned be more readily obtained-Be it enacted, That the commissioned of officers to be as ficers of the several regiments, shall meet once in every year with- ed by the brigade

sembled & trair in their respective regimental districts, for the purpose of being inspector, trained and instructed by the brigade inspectors, the days and plaçes of meeting to be fixed on by the commanding officer of the bria

1803. gade to which the regiments belong.* The officers thus assembled

shall each continue three days and no longer, every time they are When met, roll so called out. The eldest oficer present shall call the roll on each to be called & de- day and report the delinquencies to the succeeding regimental court linquents fined. Fines appropria.

of enquiry; and every officer failing to attend such meeting on beied.

ing summoned, not having a reasonable excuse, to be adjudged of by the court of cnquiry, shall forfeit and pay for each day which he shall fail so to attend, five dollars, to be appropriated as the other fines are by this act; Provided always, That where there is mcre. than one regiment in a county, all the commissioned officers of the respective regiments in such county, shail meet together at such place as may be appointed by the commanding officer of the brigade, for the purpose of being trained and instructed pursuant to

this act.

Rules of disci. 22. And to the end that a general knowledge of the rules of displine to be fur. cipline established by congress in their resolution of the twentynished commis. sioned officers. ninth day of March one thousand seven hundred and seventy-nine,

may be diffused, the executive is hereby authorised and required, if the same shall not have been already done, to procure and have a sufficient number of copies of the said rules, printed and bound in boards, to afford to every commissioned officer of the militia, one

copy, and cause them to be delivered to the commanding officers of In case of inca- brigades, to be by them duly distributed, without delay; and upon pacity the rules to be returned.

the death, resignation or removal of any officer, the book delivered him shall revert to the public, and be returned to the commanding officer of the regiment, to be by him delivered to the officer filling the vacancy occasioned by such death, resignation or removal.And for defraying the necessary expense thereof, the executive

shall draw on the contingent fund. For misconduct, officers to be ar

23. Any officer who may be guilty of disobedience, or other rested.

misbehaviour, when on duty, or shall, at any time, be guilty of any conduct unbecoming the character of an officer, shall be put under arrest by his commanding officer, and tried as hereafter shall be di

rected. Noncommission- 24. If any non-commissioned officer, or soldier shall behave himed officers & sol- self disobediently or mutinously, when on duty, or before any court diers, how punished for mis. or board, directed by this act to be held, the commanding officer, conduct. court or board may confine him for the day, and he may moreover

be fined, at the discretion of the court of enquiry, in any sum not exceeding ten dollars, to be appropriated as other fines imposed by

this act. By standers may 25. If any by-stander shall interrupt, molest or insult, any officer be confined for

or soldier, while on duty, at any muster, or shall be guilty of like improper conduct.

conduct before any court or board, the commanding officer or such

court or board, may cause him to be confined for the day. L't Col. Com. or commanding of

26. And for enforcing obedience to this act, Be it enacted, That ficer to be fined the following forfeitures and penalties shall be incurred for delin, for neglectof du- quencies, viz: by a lieutenant colonel commandant, or commandty.

ing officer of a regiment, for failing to take an oath, to summon any court or board, to attend any court or board, to transmit any recom

• Training to be in October or November annually, and immediately preceding the regimental musters, see post chap. 53, sec. 1. Officers of artillery and caval. ry to attend the training of the officers in the regiments wherein they reside, see post chap. 110, see 5.

a