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officers.

articles of

tial.

militia of

county

chief of the state, may appoint such quartermasters, commissaries and other staff officers, as to him shall seem proper; and shall also Orders for such purpose take such measures for procuring, transporting and issuing all orders shall be sent which may be necessary-orders for the militia to be called forth as to certain aforesaid, shall be sent to the commanding officer of the regiment, brigade or division, with a notification of the place or places of rendez- Their duty. vous, who shall immediately take measures for detaching the same, with the necessary number and rank of officers by regular details, Such militia drafts or volunteer enlistments, as he may be ordered. Whenever any subject to the militia shall be called forth into actual service as aforesaid, they shall war. be governed by the articles of war, which govern the troops and the militia, which are in the service of the United States; and courts Courts mar martial shall be held as therein directed, to be composed of militia officers only, for the trial of any person in the militia; but to the cashiering of any officer or capital punishment of any person, the ap- Allowed the probation of the commander in chief shall be necessary; and when sa e pay and any militia shall be in actual service, they shall be allowed the same rations as the pay and rations as are allowed by law to the militia of the United the U. States. States. If a sudden invasion should be made, or an insurrection Invasion of, or insurrecshould happen in any county in this state, the commanding officer of tion in, a the militia in such county, is hereby authorized and required to order Com. officer out the whole, or such part of the militia as he may think necessary, y may call and in such manner as he may think best, for repelling or suppressing out,militia, such invasion or insurrection, and shall call on the commanding officer of the adjacent county for such aid as he may think necessary, who shall forthwith and in like manner furnish the same; and in the event of any militia ordered out by the commanding officer of a county as aforesaid, such officer shall immediately give notice of the same and the cause thereof, to the commanding officer of the brigade or division, who shall forthwith report the same to the commander in chief. 42. Sec. XXX. That major generals, brigadier generals, and colonels commandants of regiments, be and they are hereby vested col's. comwith powers to employ such persons and contract with the same, at any rate not exceeding four dollars per day, to ride express, or trans- expresses, mitting such orders as in their judgment may be for the good of the public service: Provided, That a day's riding for any express be not less than thirty five miles; during the necessary time they may be actually engaged in performing such duty, to be paid by the governor out of the contingent fund, upon their producing a certificate of the general or officer so employing them: And provided also, That no express employed by the colonel or commandant, shall be allowed pay unless in case of insurrection or invasion.

43. Sec. XXXI. The adjutant general shall be allowed such pay, while in actual service, as shall be expressed in each annual appropriation law, and in case of omission in any of said laws of such allowance, the commander in chief is hereby authorized to pay the same out of the contingent fund, at the rate of the pay, subsistence, and forage, which officers of equal rank are allowed, when in the service of the United States, the accounts of the adjutant general for the same being first certified by a major general or the commander in chief.

44. Sec. XXXII. It shall be the duty of every captain or commanding officer of a company, to read or cause to be read in the hearing of his company, whilst on parade, at least such parts of the militia law of this state, and of the United States, as relate to discipline and the preservation of good order, once in every year.

of that coun

and

notify his su and he must notify the General offi

perior officer,

com. in chief.

cers and

mandants

may hire

Pay of the adjutant ge

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Certain parts

of the militia law to be

read to each

company.

Officers of volunteer

companies

must have 40

45. Sec. XXXIII. Officers commanding volunteer companies shall not be permitted to vote at any election for a field officer, unless they men in uni- should actually have forty men in uniform at the time of such election; form before nor shall any officer of any volunteer company of this state be entitled or hold their to hold their commission with a less number of men.

they can vote,

commissions. Cavalry laws repealed.

46. Sec. XXXIV. After the passing of this act, all laws or parts of laws organizing a brigade, regiment, or squadron of cavalry in this state, be, and the same are hereby repealed, and not more than one One troop al- troop of cavalry shall be attached to the several regiments of infantry, to be commanded by the colonel commanding the regiments respectively.*

lowed to a

regiment.

Officers resigning within three years

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Shall pass toll

ters, or courts

47. Sec. XXXV. When any person shall be elected, and shall receive brevet or commission, and shall resign the same before the expiration of three years from the date of his said brevet or commission, such person or persons so resigning, shall not be capable of being elected to any post or office in the militia of the state, higher in rank than fourth corporal, for the space of three years: Provided, that a removal out of the regimental, battalion, or company district, shall not vacate their commission, and not subject the person so removing, to the disabilities therein contained.

48. Sec. XXXVI. When any commissioned, non-commissioned officer, or private, has been regularly fined for misconduct, or neglect of duty, and no goods and chattels can be found whereon to levy the said fine, that then it shall be lawful to imprison the said delinquent, one day for each dollar, to the amount of his fine; and it shall be the duty of the keeper of such jail, to receive such offender or defaulter, and to keep him or them in close custody for the term in such warrant expressed, and until such offender or defaulter shall have satisfied such keeper for his fees on his confinement: Provided, no jailer shall detain such person or persons more than one day for

his fees.

49. Sec. XXXVII.

All officers whilst on duty, and any militia free to mus- called to musters or parades, or to courts martial, or to courts of inmartial, or of quiry, having to pass over toll bridges, ferries, or through turnpike inquiry. gates, shall pass toll free, going to and returning from such muster; parade or court as aforesaid.

Appointment of judge ad

vocate, and his duty.

Compensa

tion of in

50. Sec. XXXVIII. It shall be the duty of each major general to nominate and appoint one fit and proper person, who shall bear the title of major, to act as judge advocate, whose duty it shall be to attend all courts martial held in said division.

51. Sec. XXXIX. Division and brigade inspectors, or brigade spectors and majors, shall receive four dollars per day while in actual service, to be brig, majors. paid out of the contingent fund: (52) Provided, the services which are to be performed shall not exceed thirty days in any one year, and shall be certified by the commanding officers of the regiments or battalions in the brigade where such services are performed.

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[Sec. XL. Repealed. Sec. 62.]

53. Sec. XLI. Officers and the judge advocate detailed on a court martial for the trial of an officer or officers under arrest, shall each be allowed the sum of four dollars per day during the time of their actual session, and four dollars for every thirty miles, in going to and returning from such court martial, to be paid by the executive, on

As to the troop in Liberty, sec sec. 65. Jefferson and Wilkes, 66. Troop in Laurens, 70.

such judge advocate or officer's producing the certificate of the president of such court martial.

than one

artillery, and

54. Sec. XLII. Not more than one company of horse, one of ar- Not more tillery, and one company of riflemen, (each to consist of not less than company forty nor more than one hundred, exclusive of officers) shall be at- each of horse, tached to each regiment, except in the cities of Savannah and Augusta, riflemen, to a where there shall be no restrictions so as to prevent the existence of any number of volunteer corps, or any number of men in each company exceeding the number above mentioned.

regiment. Except in Savannah and Augusta.

empted.

55. Sec. XLIII. All persons who now are or may hereafter be Persons exexempted by the laws of the United States,* and all clergymen regularly ordained, shall be exempted from militia duty.

56. Sec. XLIV. When any detachment of militia may be required of this state by the proper authority, for the service of this, or the United States, it shall be the duty of the adjutant general to apportion Apportionthe number required from the several divisions and brigades ; and the militia for acgovernor shall give orders to the commanders of divisions for carrying tual service. the same into effect.

ment of the

tachments

57. Sec. XLV. It shall be the duty of the colonel of the regiment How such deor regiments, from which said militia are taken, to make out an alpha- shall be offibetical list of all the men so detached, and transmit the same to the cered. executive office within ten days, and the governor shall officer the same out of the line of officers, out of which such officers are required within the regiment or regiments from which said men are taken. And it shall be the duty of the executive, when a brigadier's command, or major general's is called out, to appoint a brigadier or major general, out of the brigadiers or major generals then in command in the state, to command the same.

to print and

among the

58. Sec. XLVI. His excellency the governor is hereby autho- The governor rized to cause a sufficient number of copies of this law, together with distribute the the acts of congress, more effectually to provide for the natural de- militia laws fence, by establishing an uniform militia throughout the United States, officers. and the act of congress for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and the articles of war, to be printed and distributed throughout the state, so that every general and field officer therein, and every brigade inspector, adjutant, and captain, may be furnished with one copy each; and his excellency the governor is moreover required to contract for a sufficient number of copies of the rules and discipline prescribed by congress, or which may hereafter be prescribed for the troops of the United States, as will furnish the commanding officers of every company throughout the state with one copy, all which shall be the property of the company, and descend to them in the succession of captains as long as they last: Provided, nothing in this Provided the act shall be construed to prevent the company of Darien Volunteer guns may Guard from continuing as a company, if they have not forty men in continue as a said company.

Besides the officers of the general government and the members and officers of congress, "All custom-house officers with their clerks; all post officers, and stage drivers, who are employed in the care and conveyance of the mail of the United States; all ferrymen employed at any ferry on the post road; all inspectors of exports; all pilots; all mariners actually employed in the sea-service of any citizen or merchant within the United States; and all persons who now are or may hereafter be exempted by the laws of the respective states." 1. Graydon, 294.

The governor authorized to complete a purchase agreed for by Gov. Rabun for 500 copies of Scott's military discipline. Resolu. of 20th Dec. 1819. Vol. MI. 1216.

Darien

company with less than

40 men.

Repealing clause.

A battalion district may

or

59. Sec. XLVII. All laws, and parts of laws, heretofore enacted to regulate the militia of Georgia, be, and the same are hereby repealed.

An Act to amend the foregoing.-Passed December 22, 1819. Vol.

III. 477.

60. Sec. I. Nothing in the fourth section of the above-recited include two act (16) shall prevent regimental and battalion districts from embraen mors, if cing parts of two or more counties, where such arrangements cannot convenience be conveniently avoided; and that at all elections authorized by said Justices of act, justices of the peace may preside.

requires it.

the peace may preside

Vacancies of

61. Sec. II. When a vacancy shall happen by death, resignation, at elections, or otherwise, of any officer of regiment, or major of battalion, such lient, colonel Vacancy shall be filled in the manner pointed out by the eighth secto be filled by tion of said act, (20,) except in the case of lieutenant colonel, whose vacancy shall be filled by the senior major commanding, who shall take rank, and be commissioned accordingly.

the senior

major.

Artillery

companies in

certain coun

ties.

Removal of

officers in Sa

62. Sec. III. That the fortieth section of the act aforesaid be, and the same is hereby repealed.

63. Sec. IV. Where there may be two or more regiments in any county, and but one artillery company, said company may be raised out of any or all of said regiments: Provided that no company is reduced to less than sixty-four rank and file, or the number recruited does not exceed every eleventh man in each company; and said company shall be attached to the regiment where the captain of said company resides.

64. Sec. V. In the cities of Savannah and Augusta, no removal of commissioned officer, except it be beyond the corporate limits of said cities, shall vacate the commission of said officer.

vannah and any Augusta.

Independent troop of Li

berty county.

Two majors in reg, of 3 baital. Volunteer troops in Jeff, and Wilkes.

Sergeants

may distri

65. Sec. VI. The " independent troop," in the county of Liberty, be permitted to continue under the like privilege granted in the before-recited act to the Darien Volunteer Guards. Sec. 58.

66. Sec. VII. Where a regiment shall consist of three battalions, there shall be two majors, and nothing in the before-recited act shall be so construed as to prevent the existence of the two volunteer troops in the counties of Jefferson and Wilkes.

67. Sec. VIII. The twenty-first section of the aforesaid act (33) bute orders be amended, so far as to make it lawful for the sergeant to distribute all orders verbally to each person in his squad, three days previous to any muster.

verbally.

Sentences of cashiering

must be ap

proved by the major general.

Officers ar

rested to

list of the court. Witnesses

68. Sec. IX. So much of the militia law as gives the brigadier general, or officer ordering a court martial, the power of approving, be, and the same is hereby repealed; and that all sentences, amounting to cashiering of any officer passed by a brigade court, shall be laid before the major general of the division for his final approval.

69. Sec. X. All officers arrested shall have at least twenty days have 20 days notice in writing of the time and place of the sitting of the court for notice, and a his or their trial, and be furnished with a list of the officers detailed to sit on said court; and it shall be the duty of the field officers issusummoned ing an arrest to give the adjutant or officer serving the same authority to summon all such witnesses on both sides as may be pointed out by the parties.

on both sides.

Laurens

County light dragoons.

70. Sec. XI. The Laurens troop of light dragoons shall be permitted to exist and retain their accustomed privileges, subject only

to be disbanded by the commander in chief: arm and equip within such time as he may be

Provided, they do not disposed to allow.

Resolution of 2d Dec. 1816. directing the inferior courts to ascertain and report to the general assembly the number and circumstances of the families of such persons as fell in the last war Vol. III. 1174. Resolution of 18th Dec. 1817, directing the governor to call on the secretary of war for information as to arrearages due to the militia of this state. Vol. III. 1179.

MILLERS.-1786.

An Act to regulate the Toll to be taken at Mills.-Passed January 26, 1786. Vol. I. 363.

grind all

one-eighth as

All owners or occupiers of mills shall well and sufficiently grind, Millers shall or cause to be well and sufficiently ground, all clean and dry grain grain in turn, brought to their mills, and in due turn (as far as five bushels,) as the and may take same may be brought; and may take for toll one-eighth part thereof, toll. and no more. And every owner or occupier of a mill, who shall not well and sufficiently grind, or cause to be well and sufficiently ground as aforesaid, (unless in times of drought, or other sufficient cause, of which the justice may judge,) or not in due turn, or take or exact more toll, shall, for every such offence, on proof thereof by one or more credible witnesses, forfeit and pay a sum not exceeding fifteen Penalty for not so doing. shillings to the party injured, recoverable with costs, before a justice of the peace of the county where such offence shall be committed. Provided always, that every owner or occupier of a mill may grind Proviso. his or her own grain at any

time.

PEDLERS.-1819.

An Act to alter and amend an Act, entitled "An Act to impose an additional Tax on Pedlers, &c., passed December 10, 1817.—This Act passed December 9, 1819. Vol. III. 537.

take out li

oath.

2. Sec. I. From and after the passing of this act, it shall be the Pedlers shall duty of every pedler or itinerant trader, who shall wish to vend any cense in each goods, wares, or merchandize, in this state, to apply to the clerk of county. the inferior court of each county in which he may be disposed to vend goods, wares, or merchandize, and procure a license under the seal of the county court, with an annexed copy of the oath, which shall be administered to him by the clerk of the inferior court, as follows: "That I, A. B. now applying for license to vend goods, wares, or And take an merchandize, in the county [inserted in such license,] do solemnly swear or affirm, (as the case may be) that I will use this license in no other county than the one for which it is granted, nor transfer or suffer any other person or persons, in mine or their name or names to use the same, so help me God." And that the clerk shall record such oath and license in a book to be kept by him for that purpose; and such license, when obtained, with the copy of the oath thereto subscribed, from under the hand and seal of the clerk of the inferior court, to whom such application shall be made, shall entitle him or them to the privilege of vending any goods, wares, or merchandize, for the term of twelve months, within the limits of said county, and

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