1865. order any company, or companies, in his command, to be exercised in target practice, if he shall deem it expedient. SECT. 66. The commanding officer of the division may, once in When encamp two years, with the approbation of the commander-in-chief, direct such encampment to be by division, and may issue all orders necessary to carry the same into effect. ment may be by division. 1862. campments, &c., vious. SECT. 67. All orders for encampment, inspection, and review, Orders for en- shall be published at least fifteen days previous to such encampment, to be published and all commanding officers may read such division, brigade, or fifteen days pre- regimental orders, and notify members of their command to appear as specified in said orders, for the purpose therein expressed, which notice shall be sufficient warning to all such members as are present. SECT. 68. Whenever the members of any company or band are rade, or choice of to be assembled for parade, or the choice of officers, a notice, specifying the time and place of such parade or choice of officers, when read in the hearing of the person to be warned, or left with him, or at his usual place of abode, or addressed by mail to such person, three days previous to the day of such parade, or the choice of officers, shall be considered a legal notice. Notice for pa officers. Powers of com on parade. SECT. 69. The commanding officer of the day, at any parade manding officer required by this act, may cause those under his command to perform any field or camp duty which he may deem proper, and may also put under guard, for the day, any officer or soldier who shall disobey the orders of his superior officer, or who in any way may interrupt the exercises of the day, and all other persons, who shall trespass on the parade ground, or in any way interrupt or molest the orderly discharge of duty by those under arms. Major-general may provide military instruc ment. SECT. 70. The major-general may provide military instruction for the encampments prescribed by law, if he deem it expedient, at tion for encamp- such compensation as may be agreed upon by him, subject to the approval of the commander-in-chief, to be paid by the order of the comptroller on the treasurer of the state, which the comptroller is authorized to draw for that purpose, upon the certificate of the major-general. 1864. general to pro SECT. 71. The commanding officer of brigade or regiment shall Quartermaster make requisition upon the quartermaster-general, at least five days vide for encamp- before the time of holding each encampment, for the necessary tents, blankets, camp equipage and supplies therefor, and the quartermaster-general shall thereupon issue the same. ment. 1862. SECT. 72. The commander-in-chief may, on reasonable apprehenCommander-in- sion that the militia of this state will be needed for actual service in chief may order the militia to case of war, rebellion, invasion, or prevention of invasion, either in rendezvous for drill, &c., when. the service of this state or of the United States, order the militia, or such portions thereof as he may judge necessary, to rendezvous at some suitable place for encampment, instruction in military drill, camp duty, field exercise, inspection and review; and during such service the officers and men shall be subject to the rules and regulations of the army of the United States, and entitled to the same compensation and allowance, to be paid from the state treasury, in such manner and at such times as the commander-in-chief shall direct. Active militia may be ordered out for special service in the state. SECT. 73. The commander-in-chief, or in his absence from the state, the major-general may call out any portion of the active militia for any special service, within the state, and if they shall not be called out for a longer period than two days, they shall receive the same compensation as is provided for parades; but if they shall be called out for any special service in this state, for the purposes specified in the preceding section, for any longer period than two days, except for parades and encampments, provided by law, they shall be entitled only to the same compensation, allowances, and rations, as are prescribed for the army of the United States. SECT. 74. At each regimental or brigade parade, there shall be Music at parades. employed, at the expense of the state, a band of music, to be paid as hereinafter provided. CHAPTER VI. OF COMPENSATION AND SUPPLIES. 1862. Compensation for services ren others. SECT. 75. There shall annually be paid for services rendered at the company, regimental, or brigade parades, in conformity to this 1864 1865. act, the following sums, to wit: to all general, field, staff, commis- and allowances sioned, and non-commissioned officers, musicians, and privates, who dered by officers, shall perform military duty in complete uniform, in pursuance of the privates, and provisions of this act, the sum of two dollars for each and every day of such duty, together with a mileage of five cents for each mile in going from and returning to their respective towns; to each member of every regimental band, duly organized and fully equipped in the prescribed uniform, and who shall perform duty at any regimental or brigade review, two dollars and fifty cents for each day of such duty, together with a mileage of five cents for each mile, in going from and returning to their respective towns, and two dollars a day shall be allowed for each horse used on any parade required by this act, except for artillery horses used at the annual encampment, and rations and forage as prescribed by the army regulations of the United States, for which commutation may be paid; but no payment shall be made to any regimental, field, staff, commissioned and non-commissioned officer, musician, private, or member of a regimental band, for the services rendered under this section, until he shall have been examined by the surgeon of the regiment to which he belongs, and found by such surgeon to be an able-bodied man, according to the army regulations of the United States. SECT. 76. Every company, while encamped, shall have roll-call, as follows: on the first day at noon, and at close of evening parade; on the second and third days, at seven o'clock in the morning, and at noon, and any officer or soldier, absent at either of said roll-calls, shall be considered as being absent for the day, and shall be allowed no compensation for said day. The commander of the regiment shall detail officers from his staff, who shall attend the roll-call of the companies, and report to the commander of the regiment the names of the absentees of each company. 1862. Roll-call, in encampments. Returns to be SECT. 77. The commanding officer of each company shall, within 1862 1864. ten days after each of the April and May parades, in each year, make made for parades, out and certify, under oath, and return to the adjutant-general, complete list of the persons who shall have done duty at said parades paid. in conformity with this act, and who are entitled to be paid for mil and services therefor, how Services at annu itary services under the same, stating the amount due to each, and the towns to which they respectively belong; and the adjutant-general shall cause a certified copy of the names of such persons, and the amount due to each, to be transmitted to the paymaster-general, on or before the fifteenth day of June, in each year. The sums due for both said parades shall be paid by the paymaster-general, on or before the twentieth day of said June, and the same may be paid by him to the persons rendering such service, or to the commanding officers of the respective companies, upon the written order of the members of their companies performing duty as aforesaid; and at the close of the annual encampment, provided in this act, the payal encampments, master-general, under such regulations as shall be prescribed by the how paid. commander-in-chief, shall pay such officers, privates, and musicians, as shall have done duty at such encampment, the amount due them therefor under the provisions of this act; and the comptroller is directed to draw orders on the treasurer of the state, in favor of the paymaster-general, for such sums as the adjutant-general shall certify to him will, in his opinion, be necessary for the purposes specified in this section; and the treasurer is authorized to pay said orders out of any unappropriated money in the treasury; and should there be none, when thus called for, then the treasurer is authorized to borrow the amount necessary for such purposes. The paymastergeneral, after paying such officers, musicians, and privates, shall settle with the state treasurer, by returning any surplus money in his hands, or by receiving from the comptroller his order on the treasurer, for any sums of money that he may have paid, over and above the sum received by him for such purposes, and he shall file his vouchers with the comptroller. 1865. Horses for artil provided. SECT. 78. The quartermaster-general shall provide suitable horses lory drill to be for two days' artillery drill, in each year, during the annual encampment, and may authorize the commanding officer of each battery or section, to make a contract for such horses, subject to his approval or rejection, and no allowance shall be made for any other artillery horses used at such encampment. 1864. Compensation of division, and of SECT. 79. There shall be annually paid to the assistant adjutantassistant adju- general of division, for his services in the discharge of the duties of tant-general of his office, a sum not exceeding three hundred dollars, to be fixed by military store- the major-general; and the compensation for the services of the military store-keeper shall be fixed by the quartermaster-general, but the compensation of both of said officers shall be subject to the approval of the commander-in-chief. keeper. 1865. Uniforms to be state. SECT. 80. Every non-commissioned officer, musician, and private, furnished by the shall be provided with an uniform at the expense of the state, which shall be furnished by the quartermaster-general, upon the requisition of the officer commanding the company to which such non-commissioned officer, musician, or private, belongs, approved and countersigned by the commanding officer of the regiment; but no uniform shall be so furnished for a member of any company, which shall have uniforms previously provided by the state, in excess of the aetive members of such company, residing within its limits. What certificates requisition. SECT. 81. The requisitions for such uniforms shall be accompanied shall accompany by the certificate of the surgeon-general, brigade, or regimental surgeon, that the person, for whom such uniform is required, is ablebodied, according to the rules and standards, established and adopted in the army of the United States, and by the certificate of the commanding officer of the company, stating the name, age, and date of enlistment, of the person for whom such uniform is required, and that he believes such person to be of good moral character, the number of state uniforms in the company armory, and the number of active members residing within the limits of the company. uniforins shall SECT. 82. Every uniform so furnished shall continue to be the To whom the property of the state, until the person, for whom it is furnished, shall belong.. have served the full term of his enlistment, when he shall become the owner thereof, but, until such time, said uniform shall remain in the company armory, in charge of the commanding officer of the company, or of some suitable person appointed by him, except when worn in the discharge of military duty. uniform. SECT. 83. Every person, who shall wantonly, or intentionally, in- Penalty for injure or destroy such uniform, and refuse to make good such injury jury to, or sale of or loss, or shall sell, or dispose of, remove, or secrete the same, with intent to sell or dispose thereof, before it shall become his property, by the service provided in this act, shall be deemed guilty of a misdemeanor, and shall be punished by a fine, not exceeding two hundred dollars, or by imprisonment in a common jail, not exceeding six months, or by such fine and imprisonment both. non-commis SECT. 84. Uniforms shall be furnished to non-commissioned staff Uniforms for officers, and members of regimental bands, upon such requisitions stoned officers, and guarantees for safe keeping, as the quartermaster-general may &c. prescribe. form shall con and quality to be SECT. 85. The uniform of all non-commissioned officers, company of what the unimusicians, and privates, shall consist of a jacket, trowsers, and fatigue sist, and by cap, conforming to the regulations which shall be prescribed by the whom the style commander-in-chief, who, with the quartermaster-general and divis- determined. ion inspector, shall constitute a board, to determine the style and quality of the uniform furnished by the state, but the cost of such uniform shall not exceed the sum of eighteen dollars; and the comptroller, upon the order of the commander-in-chief, shall draw his orders on the treasurer for the amounts required, from time to time, by the quartermaster-general, for the purchase of such uniforms. 1862. When militia called out on re president, how SECT. 86. Whenever the commander-in-chief shall call out the militia of this state, pursuant to any requisition of the president of the United States, he shall be authorized to provide, at the expense quisition of the of this state, for said militia, all necessary food, uniforms, arms, provided for. equipments, and clothing, together with horses, baggage wagons, camp equipage, and means of transporting said force into the service of the United States. CHAPTER VII. OF FINES. SECT. 87. General, field, and commissioned officers, for any neg- Officers liable to lect of duty, or for disobedience of orders, or for any unofficer-like court-martial and fines for negconduct, shall be liable to be tried by a court-martial. Each staff lect of duty, disofficer, non-commissioned officer, musician, and private of any regi- obedience of orment, company or band, who shall, without satisfactory excuse to ders, &c. 1862. 1865. Fines and forfeit appropriated. the commanding officer, fail to appear at the time and place appointed for any parade, or choice of officers, or who, after appearing, shall leave said parade, or meeting for the choice of officers, without the permission of the commanding officer, shall forfeit his pay for that day's services, and shall also pay a fine of five dollars for each day, or time of absence, or neglect of duty; and every staff-officer, noncommissioned officer, musician and private, who shall be guilty of any unsoldierly or disgraceful conduct, or disobedience of orders, may be fined by his commanding officer to an amount not exceeding ten dollars for each offense; and all persons, who may have incurred any fine or forfeiture, shall be notified of the same within five days thereafter. SECT. 88. The certificate of any commanding officer, made under ures, how collect- oath, shall be evidence of any and all forfeitures and fines incurred ed, and to what in pursuance of this act; and if any forfeiture or fine incurred, as aforesaid, shall not be paid within ten days after notice thereof, said commanding officer shall bring an action of debt in his own proper name, for the recovery thereof, and shall have process of attachment and execution against the body of the delinquent, to be proceeded with in all respects as in actions of tort; and if such action shall fail, for any cause, all the expense incurred by such officer, in the prose cution thereof, shall be paid by the state, and shall be taxed in favor of such officer by the superior court, in the county in which such action is brought, and, when so taxed, the clerk of such court shall draw the same and pay it over to such officer; but no action shall be brought under this section, except upon the approval of the commanding officer of the regiment, and all fines and forfeitures incurred under this chapter, when recovered, shall be appropriated for the benefit of the company or band to which the delinquent belongs, to be used in the purchase of music and musical instruments, and any other articles necessary in the performance of military duty; and the commanding officer of every company or band shall keep, or cause to be kept, a correct account of all moneys thus received, and the manner in which the same have been appropriated, which account shall, at all times, be open to the inspection of the fieldofficers of the regiment to which such company or band is attached. SECT. 89. Each staff-officer, non-commissioned officer, musician Fines for defi- and private, of any regiment, company or band, who appears on parade, shall pay for deficiency in arms, ammunition and accoutrements, for each day of exercise, inspection or review, the following fines, to wit; for deficiency of musket, rifle or pair of pistols, each, two dollars; of a sabre or sword, each, two dollars; and for deficiency in ammunition, or in any other article provided by the state, or required by law, one dollar; and any musician, who shall appear without his instrument of music, and any horseman, who shall be deficient of a horse, shall be considered as not appearing on parade; and if any staff-officer, non-commissioned officer, musician, or private, of any regiment or company, shall neglect to appear in the uniform of such regiment or company, at any time when he shall be required to perform military duty, he shall forfeit the sum of five dollars; and such fines shall be collected and appropriated in the same manner as provided in the preceding section. 1862. ciency in arms, &c. Appointment in to release from duty. SECT. 90. No member of any military company or band shall fire company not be released or excused from the performance of military duty, by reason of an appointment in any fire company or fire department, without the written consent of the commanding officer of such military company or band. |