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SECTION 2. Be it further enacted, That all persons enrolled as members of said company, or who may hereafter enrol themselves as members thereof, shall be exempt from all patrol and militia duty, except such militia duty as shall be required of them as members of said company, and also except in times of insurrection, invasion, rebellion and war; these exemptions however all to continue no longer than during membership in said company, and that a certificate of the commanding officer of said corps shall be sufficient evidence of membership in said company and to exempt said members thereof from militia and patrol duties as aforesaid.

SECTION 3. Be it further enacted, That all members of said company who shall remain members thereof for the term of six years shall after that time be exempt from militia duty entirely, except in case of invasion or war-any law or usage to the contrary notwithstanding.

Approved, February 1, 1850.

AN ACT to repeal an act entitled an act to alter the militia laws of this State so far as relates to the 23d and 27th Regiments in the county of Franklin, assented to 24th December, 1840.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the above recited act passed on the 24th December, 1840, be and the same is hereby repealed.

SECTION 2. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be and the same are hereby repealed.

Approved, February 11, 1850.

AN ACT to change and define the mode of electing field and company officers under the milita laws of this State. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act whenever any vacancy shall happen by the death, resignation, or otherwise of any officer commanding in any regiment, battalion, or company district, or where any new created regimeut, battalion, or company district shall require officers, such officers in either case shall be elected by the citizens liable to bear arms, who shall become subject to the command of such officer when elected, under the following rules and restrictions, towit:

Whenever it shall become necessary in either case before stated to elect any commanding officer for a regiment, battalion, or company district, the same shall be ordered and advertised by the officer next higher in command to the officer to be elected; that is to say, elections for Colonel to command any regiment shall be advertised by the Brigadier General; for a Major, by the Colonel commanding the regiment; for a Captain, by the Major in command of the battalion; and for subaltern officers by the Captain commanding the company, and in default of such Captain, by the Major commanding the battalion; which said election shall be advertised in either case for the same time and be held in the same places as now established by law; and the said elections in either case shall be managed and superintended by one Justice of the Inferior Court, or Justice of the Peace, and two freeholders, or two of the aforesaid Justices and one freeholder; and the said elections shall be certified and returns thereof made by the superintendents provided by this act, in the same manner as heretofore done by the former superintendents of such elections in this State.

SECTION 2. And be it further enacted, That all laws and parts of laws militating against the provisions of this act, be and the same are hereby repealed.

Approved, February 11, 1850.

AN ACT to repeal an act entitled an act to amend an act entitled an act to amend the Militia laws of this State so far as it relates to the first Regiment of Georgia Militia, assented to the 21st December, 1835, and also to restrict the Majors commanding the third and fourth battalions composing the thirty-fifth Regiment of Georgia Militia to one parade each in the year, and to authorize the said thirty-fifth Regiment to have and to hold a military encampment for two successive days in each year.

SECTION 1. Be it enacted by the Senate and House of Rep resentatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the above recited act be and the same is hereby repealed: Provided, that nothing in this act shall be so construed as to deny to the officers, field, company and staff, of the 35th Regiment the same privileges and exemptions as is now enjoyed by the officers of the 1st Regiment, G. M.

SECTION 2. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this act be and the same are hereby repealed.

Approved, February 11, 1850.

AN ACT to exempt the Upson Light Dragoons from Patrol duty, and to exempt certain volunteers from Militia duty.

SECTION 1. Be it enacted by the Senate and House of Rep resentatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, each and every member of the company of cavalry in Upson county, known by the name and style of the Upson Light Dragoons, be and the same are hereby exempt from the performance of Patrol duty, so long as he or they continue to perform faithfully all the duties required by the officers of said company.

SECTION 2. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be and the same are hereby repealed.

Approved, February 8, 1850.

AN ACT to organize a volunteer company of mounted infantry in the county of Habersham, to be attached to the 44th Regiment, Georgia Militia.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and after this act shall go into operation, it shall be lawful for there to be one volunteer company organized under the name and style of the Habersham Volunteer Mountain Mounted Infantry, attached to the 44th Regiment, Georgia Militia.

SECTION 2. And be it further enacted, That so soon as forty privates shall be uniformed in said company, that then and in that case it shall be the duty of the Colonel commanding the 44th Regiment, Georgia Militia, to order an election to be held at the Regimental Muster Ground, for a Captain, and first, second and third Lieutenants to command said company.

SECTION 3. And be it further enacted, That so soon as said company shall be organized and the election returns forwarded on, it shall be the duty of his Excellency the Governor to commission such officers as he may deem duly elected for and during their residence in the limits of said company, or in the above stated 44th Regiment.

SECTION 4. And be it further enacted, That so soon as said officers are commissioned, they shall be under the same rules, regulations and restrictions as other commissioned officers of the same grade in the militia of the State, and all non-commissioned officers and privates shall be liable to the same fines and forfeitures for neglect of duty or for any oth

er misconduct, as other officers or privates of the militia, to be adjudged of by the commissioned officers commanding said company whilst sitting as a court of inquiry.

SECTION 5. And be it further enacted, That said company shall remain and be known under the name and style as above stated, so long as they contain forty privates in uniform, and a requisite number of commissioned and noncommissioned officers to command the same-any law, usage or custom to the contrary notwithstanding. Approved, January 18, 1850.

AN ACT to incorporate a volunteer company of infantry at Dahlonega, in the county of Lumpkin, to be known by the name and style of the Dahlonega Blues, to attach them to the 79th Regiment, Georgia Militia, and to authorize the Governor. to furnish them with certain arms therein named.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, so soon as any number of the citizens of Lumpkin county, able to do militia duty, shall associate themselves together to the number of forty or more, and shall choose their officers and uniform themselves, and give notice to the commanding officer of the 79th Regiment, G. M., to which Regiment they shall be attached, that it is their desire to form a volunteer company, it shall be the duty of the officer in command of said Regiment to transmit to his Excellency the Governor the number of men composing said company, together with the names of the persons chosen as officers to command the volunteer company of infantry, to be known by the name and style of the Dahlonega Blues, and it shall be the duty of the Governor to cause commissious to issue to said officers.

SECTION 2. And be it further enacted, That so soon as said company shall be uniformed and commissioned, his Excellency the Governor is hereby authorized and required to furnish forthwith to each member of the Dahlonega Blues a musket and bayonet, a scabbard for bayonet, and a fatigue cartridge box, upon the application of the officers commanding said company, and tendering a bond with good and sufficient security to the Governor and his successors, conditioned to be forfeited, if at the dissolution of said company the said commanding officers of said company, or their successors, shall fail to deliver said arms back to the Governor or bis said successors.

SECTION 3. And be it further enacted, That the Dahlonega

Blues shall be vested with all corporate powers to pass all by-laws, rules and regulations for the government of said company, not contrary to the constitution of this State or the laws thereof.

SECTION 4. And be it further enacted, That so long as the said company shall contain the aforesaid, or more, number of members in uniform, they shall be exempt from all other militia duty, except company musters and their regimental parades and reviews, except in cases of invasion, rebellion, insurrection or war-any law to the contrary notwithstanding. Approved, February 14, 1850.

AN ACT to incorporate the Georgia Constitutional Guards, a cavalry company of the county of Troup, the Sumter Cavalry of the county of Sumter, the volunteer corps of Dragoons of the county of Houston, and the Marion Blues, an infantry company of the county of Marion, and Scriven Troup, a volunteer cavalry company of the county of Scriven; to grant certain privileges and exemptions to the

same.

SECTION 1. Be it enacted by the Senate and House of Rep resentatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the Georgia Constitutional Guards, a cavalry company of the county of Troup, the Sumter Cavalry of the county of Sumter, the volunteer corps of Dragoons of the county of Houston, and the Marion Blues, an infantry company of the county of Marion, their officers and members now existing, or which may hereafter exist as officers or members of each respectively, are hereby made and declared to be bodies corporate and politic under their names and style above expressed, and in their corporate capacities shall have power to sue and be sued, plead and be impleaded, and to make all by laws and regulations for their own government that they may deem necessary: Provided, they be not repugnant to the constitution or contrary to the laws of this State; and by their commanding officers they are hereby authorized to constitute and hold courts of inquiry, to enforce said by-laws and regulations, and punish delinquents: Provided, said courts of inquiry shall always be governed by the rules and regulations of other courts of inquiry of this State.

SECTION 2. And be it further enacted, That the members of said several corps be and they are hereby exempt from patrol and militia duty in their respective counties other than that required of them as members of said companies, and that after ten years service as members of their respec

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