For every decree on petition of an alien for leave to hold real estate, For every decree on petition for sale of real estate, giving instructions and approving bond, or for refusing to grant such decree after hearing, For each decree, judgment or order, other than as above, SEC. 28. The fees of town clerks shall be as follows: For receiving and filing an account under the lien law, $1.00 2.00 25 For recording every birth or death, For every certificate of the qualification of a voter, For drawing bond and license for keeping tavern, retailing liquor or other purpose, For allowing a discharge of a mortgage on the record, 25 For taking bond and issuing letters testamentary, of administration or of guardianship, For every warrant to commissioners to set off dower or make partition, For every other warrant or citation, 10 20 50 50 For services on every petition of an alien to hold real estate, For drawing probate of a will or codicil, decree of acceptance or allowance of an inventory, commissioner's report, account or guardians' lists of debts, For every summons for witnesses, 1 00 25 10 SEC. 29. There shall be taxed and allowed to the state in the bill of costs against every person, in a criminal cause pending in the supreme court or the courts of common pleas, which it shall be the duty of the attorney-general to attend to: For every indictment drawn which shall be found by the grand jury, 1 50 For the argument of other indictment or complaint in which issue is joined in law or in fact, 5 00 SEC. 30. To the secretary of state there shall be allowed in addition to his salary: For every private petition to the general assembly received in either house which shall be continued with order of notice, to be paid by the applicant on continuance of the same, For making a certificate and affixing seal of the state where the state is not a party, 150 1 00 TITLE XXXIV. Of the Militia. CHAPTER 231. Of the enrolled militia. CHAPTER 232. Of the active militia. CHAPTER 233. Of the organization of the militia, and how officered. CHAPTER 234. Of the election, appointment, commissions, warrants and oath of officers. CHAPTER 235. Of arms, equipments, military books and property. CHAPTER 237. Of rolls and returns. CHAPTER 238. Of drafts and calling the militia into service. CHAPTER 239. Of exemptions by bodily infirmity, and of discharges. CHAPTER 241. Of fines and penalties. CHAPTER 242. Of courts-martial. CHAPTER 243. Of boards of officers and courts of inquiry. CHAPTER 244. General provisions. SECTION 1. It shall be the duty of the assessors of taxes in each town and city in the state, annually to make out a list or roll of all persons living in their respective limits between the ages of eighteen and forty-five, liable to be enrolled by the laws of the United States, arranged alphabetically, and on or before the first Monday of October of each year, to place the same in the hands of the clerks of their respective towns or cities; and it shall be the duty of every such clerk to record such list or roll in a book of record to be kept for that purpose, of any such town or city. SEC. 2. The annual returns of the militia so enrolled, shall be transmitted in October in each year, by the clerks of the respective towns and cities, to the brigade inspector for the district within which such town or city is situated, who shall record the same in a book to be kept by him for that purpose, and transmit, on or before the fifteenth day of November in each year, copies of such rolls certified by him, to the adjutant-general, who shall record the same in a book to be kept by him for that purpose. SEC. 3. The following persons shall be absolutely exempted from military duty in this state: Those exempted by the laws of the United States, to wit: the vice-president of the United States; the officers, judicial and executive, of the government of the United States; the members of both houses of congress and their respective officers; all customhouse officers with their clerks; all post-officers and stage-drivers, who are employed in the care and conveyance of the mail of the postoffice of the United States; all ferry-men employed at any ferry on the post-road; all inspectors of exports; all pilots, and all mariners actually employed in the sea-service of any citizen or merchant within the United States; and in addition, all persons who have holden the office of governor or lieutenant-governor; all persons who, after the last day of February, A. D. 1796, shall have holden in this or any other of the United States, or in the service of the United States, any military commission or commissions, or staff-office, with the rank of an officer of the line for the space of five years successively, and who shall have been engaged thereon according to law, and been honorably discharged; and all persons who shall have holden in this state any such military commission or commissions, or staff-office aforesaid, for a term less than five years, and who have been superseded without their consent. SEC. 4. Persons of the following description, as long as they shall remain of said description, shall be exempted from the performance of military duty, to wit: the justices and clerks of the supreme court, the justices and clerks of the courts of common pleas, the secretary of state, the attorney-general, the general treasurer, the state auditor, the sheriff and his deputies of each county, one ferry-man at each stated ferry who usually navigates the boat, the keepers of light-houses within this state, all settled or ordained. ministers of the gospel, all licensed preachers, the president, professors, tutors, students and steward of Brown university, the town councils of the several towns, the mayor and aldermen of any city, town and city treasurers, town and city clerks, practising physicians, practising surgeons-not including the pupils of eitherpreceptors and ushers of academies and schools, and engine men Provided, that no engine shall have more than twenty men, unless otherwise provided by special enactment; the members of fire hook and ladder companies, and chartered fire hose companiesProvided, that no engine men, no members of fire hook and ladder companies, and chartered hose companies, shall be exempt unless they compose part of the fire department of the town or city in which they reside; all persons belonging to the society of Friends, commonly called Quakers, and the inhabitants of the towns of New Shoreham and Jamestown, and of the island of Prudence, the island of Patience and Hog island, and such others as shall make oath or affirmation that they are conscientiously scrupulous against bearing arms, which fact shall appear by certificate of the magistrate before whom such oath or affirmation was given. SEC. 5. Every keeper of a tavern or boarding-house, and every master or mistress of a family or dwelling-house, shall, upon application of the assessors of taxes of the town or city within which such tavern or house is situated, or on application of any person acting under the direction and authority of such assessors, give information of the names of all persons residing in such tavern or house, liable to enrollment, or to do military duty. SEC. 6. If any non-commissioned officer or private shall become a pauper, vagabond or common drunkard, or be convicted of any infamous crime, he shall be forthwith disenrolled from the militia. SECTION 1. The active militia shall consist and be composed of the officers, non-commissioned officers, privates and musicians of the several chartered military companies of this state, the officers commissioned under this title, the members of military bands, chartered and attached to any company, regiment or brigade, and such drivers of artillery as may be enlisted into any artillery company. SEC. 2. The chartered companies may admit members to the number of five hundred, any thing in the charters of said companies to the contrary notwithstanding; they shall be drilled and disciplined as battalions as well as companies, and shall be the peace establishment of the state, and nurseries of officers. SEC. 3. The active militia shall, in all cases, be first ordered into service, in case of war or invasion, or to prevent invasion or sup press insurrection, riot or tumult, or to aid civil officers in the execution of the laws of the state. SEC. 4. Whenever forty men or more, liable to be enrolled by the laws of the United States, shall have enrolled themselves as a company of cavalry, infantry or riflemen, and shall sign and present to the governor, a petition and declaration that they are desirous of serving this state as a portion of the military force thereof, it shall be the duty of the governor to appoint some commissioned officer of the militia to muster and inspect the persons so petitioning, and to report to the adjutant-general the names of the persons present at such muster and inspection, and the condition of their discipline and equipment, and upon such report the governor may, in his discretion, accept the services of such persons as a part of the active militia of this state, and cause the petition and report and his acceptance and approval of the same, to be filed in the office of the secretary of state. SEC. 5. The persons named in the report of the inspecting officer, and such others as may thereafter be associated therewith, and their successors not exceeding the number of five hundred at any one time, shall thereupon be constituted a body politic and corporate under such name as the governor may appoint or direct, for military purposes only, and shall be entitled to receive from the secretary of state under the seal of the state, a charter in the form, and to the effect following: CHARTER OF Article 1. and such others as now are and hereafter may be associated with them, not exceeding five hundred men, are hereby created a body corporate and politic for military purposes by the name and style of and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, defend and be defended against in all courts of competent jurisdiction, and may have and use a common seal. Article 2. Said company shall form a part of the active militia of the state attached to the brigade, shall be armed and equipped as , shall be subject to the militia laws for the time being, and shall be entitled to all the rights and privileges and subject to all the duties of the companies attached to the line in said brigade. The rank and number of officers of the company shall conform to the provisions of title thirty-four. Article 3. Said company shall once in every year, on the third Monday of April, and at such other times as may be necessary under title thirty-four, meet at some convenient place in their district by their commanding officer appointed, and then and there by a majority of the votes of the members choose such officers as shall be provided by law, who shall hold their offices as provided in title thirty-four; vacancies occurring by removal from the state or otherwise shall be filled as herein provided; but the superior officer of the company may appoint under his hand and the seal of the company, suitable persons to fill vacancies until an election is had, and appoint such non-commissioned officers as may be necessary. |