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effice of a
in the militia of the county of
according to the best of my skill and judgment. So help me God." There shall be a pri- Private mus vale muster of every company once in two months, ex. ter. cept December and January, at such convenient time and place as the captain or next commanding officer shall appoint; a muster of each regiment on some day Regimental in the month of March or April, in every year, to be muster. appointed by the commanding officer thereof, at a convenient place aear the centre of the regiment; and a general in uster of the whole on some day in the month
General mus. of October or November, in every year, to be appointed by the county-lieutenant, or commanding officer, at a convenient place near the centre of the county: For the times and places of the said musters, the county. Notices of lieutenant or commanding officer for the time being, and when to shall give notice to the commanding officers of regi- be given. ments; for the general muster, the commanding officers of regiments shall give notice to the commanding officers of their respective companies of such general muster and of his regimental muster; and the commanding officers of companies shall give notice of the general, regimental, and private musters, to every person of their respective companies, and to that end the commanding officers of companies shall bave power to order so many of their serjeants as they shall think fit, to give sucb notice, which may be done by personal summons by the said commanding officer, or serjeant so ordered, or by either of them, leaving notice in writing at the usual place of abode of the person to be summoned: The notices to be given by the commanding officer of the county, and commanding officers of regiments, shall be in writing, delivered in person, or left at the usual place of abode of each person, to be notified either by such commanding officers themselves, or by such officer or officers of their respective commands as they may think fit to order; the said notices shall be given by the commanding officer of the county, to the commanding officers of regiments at least thirty days; by the commanding officers of regiments at least fifteen days; and by the commanding officers of companies at least five days, before such general, regimental, or private musters (as the case may be) shall be appointed to be had.
Penalties on Any officer ordered as aforesaid to give failure to give such notices, failing therein, shall for every offence for- notice.
seit and pay five pounds; and every serjeant so failing shall forfeit and pay one pound for every such failure;
to be recovered as other fines hereafter to be establishEquipments
ed. Every officer and soldier shall appear at his reof oficers & spective muster-field on the day appointed, by eleven soldiers. o'clock in the forenoon, armed, equipped, and accou
tred, as follows: The county-lieutenants, colonels, liedtenant-colonels, and majors, with a sword, the captains, lieutenants and ensigns, with a sword and espontoon, every non-commissioned officer end private with a good, clean musket carrying an ounce ball, and three feet eight inches long in the barrel, with a good bayonet and iron ramrod well fitted thereto, a cartridge box properly made, lo contain and secure twenty cartridges fitted to his musket, a good knapsack and canteen, and moreover, each non-commissioned officer and private shall have at every muster one pound of good powder, and four pounds of lead, including twenty blind cartridges; and each serjeant shall have a pair of moulds fit to cast balls for their respective companies, to be
purchased by the commanding officer out of the moExceptton as nies arising on delinquencies. Provided, That the mito those be litia of the counties westward of the Blue Ridge, and yond theBlue the counties below adjoining thereto, shall not be obliRidge.
ged to be armed with muskets, but may have good rifles with proper accoutrements, in lieu thereof. And every of the said officers, non-commissioned officers, and privates, shall constantly keep the aforesaid arms, accoutrements, and ammunition, ready to be produced whenever called for by bis commanding officer. If any
private shall make it appear to the satisfaction of the Poor prirates court hereafter to be appointed for trying delinquencies how to be
under this act that he is so poor that he cannot purarmed.
chase the arms herein required, such court shall cause them to be purchased out of the money arising from delinquents. The arms so purchased, shall by the commanding officer of the county, be delivered to the captain of the company to which such poor private may belong, who shall deliver such arms to the private, but
they shall continue the property of the county; and if Penalty on any private shall sell or conceal the same, the seller, him for se!! concealer, and purchaser, shall each forfeit and pay ing, &c, his
four pounds, to be recovered by the commanding oficer in any court of record, on ten days notice. And on the death, disability, or exemption of such poor pri
vate, or his removal out of the county, such arın sball be delivered to the commanding otticer of the company, who shall make report thereof to the text 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 penally as if dopo had sold them. And if any person concerned in rila ing, parchasing, concealing or removing such arins, shall be prosecuted for the penalty, and upon conviction, shall fail to make instant payinent, or give serurity to pay the same in such time as the court shall com reasonable, he shall suffer such punishment as the court before whom the recovery shall be made may think tit. And the lieutenant or commandmg officer for the one being, of any county, may recover any arms 80 soid, 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 OM they may belong. At every muster, each captain or cers at mus commanding officer of a company, shall call bis 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 atier every general and regimental muster, who shall lay the whole, together with the delinquencies occuring in him on the like examination, before the court hereafter appointed to take coge nizance of and determine on them; provided that the commanding 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 theretor. And to each of the said returns shall be annexed the following certificate, to wit: “I do certify that the returns hereunto annexed, contain all delinquencies which have 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 return 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 regiturns, 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 accoutrements, 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 thé bounds of his comof the com- pany not on his roll, who ought to be inrolled. The manding offi
. commanding officer of each regiment shall, withcer of a regi- in fifteen days after every general muster, make the
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 Captains duty captain or commanding officer of a company, shall, as to enroll. within ten days after receiving his commission and
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 corpoments, rals, a drummer and fifer, to be approved by the com
manding 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 canicy.
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 years old, whose activity and domestic circumstances will admit of a frequency of train. ing, and strictness of discipline, not practicable for the militia in general, and returning to the main body, on their arrival at the latter period, will be constantly giv
ing thereto a military pride and experience, from which the best of consequences will result:
IV. Be it therefore enacted, That the governor, with the advice of council, shall issue commissions 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," Giling up the blanks with the number of the regiment and name of the county. Every person belonging to the said light companies, shall 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 evlistments, in his company, a sufficient number of young mnen, as before described, and shall have a private muser 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 mahe report thereof to the connty-lieutenant, who shall order them to be enrolled in the company whose districts they may respectively live in; 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 inilitia.
Steuben'sd. V. And be it further enacted, That the plan of ma- cipine 3. jor-general Baron Steuben, established in congress by dopted. their act bearing date the twenty ninth day of March, one thousand seven hundred and seventy-nine, for forining 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 duregiment, 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 cach commis. sufficient number of copies of the said plan printed and
sioned officer bound in boards, to afford to every commissioned otti