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TITLE 2 whether such officer be present or absent, shall proceed to elect a person to fill the place of the officer so promoted, if the officers or persons assembled at such meeting have authority to make the choice. $ 23. The commanding officers of brigades, shall transmit the names of all persons duly elected or appointed to offices in their respective brigades, and accepting the same, to the commander in chief, to the end that commissions may be issued to them.

Notice to cominander

in chief.

Appeal.

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Rules as to

Elections and appeals.

Oath of of fice

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Other elec. tions.

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$24. Every person thinking himself aggrieved by the proceedings at any election for a commissioned officer, may appeal, if the election be for a brigadier-general, to the commander in chief, and in other cases, to the commanding officer of the brigade, to which such person belongs.

$25. The officer appealed to, shall have power to administer oaths, and shall hear and determine the appeal; and if, in his opinion, the proceedings at such election are illegal, he shall declare the election void, and shall order an election to be held without delay for a new choice.

$26. Any person concerned, may appeal from the decision of the commanding officer of the brigade, to the commander in chief, who shall hear and determine such appeal, and in case it shall be necessary, order a new election.

$27. The commander in chief may make such rules and regulations, relative to elections and appeals, as he shall deem necessary and proper, to give full effect to the provisions of the constitution, and of this Chapter.

$28. Every officer duly commissioned, before he enters of the discharge of the duties of his office, shall take and subscribe the oath prescribed in the constitution of this state.

$29. Every commissioned officer shall take and subscribe such oath, before a judge of some court of record in this state, county clerk, commissioner to take affidavits, or some general or field officer who has previously taken it himself, and who is hereby authorised to administer the same.

$30. A certificate of the oath shall be endorsed, by the officer administering the same, on the commission.

$31. No fee shall be received for administering any such oath, or endorsing such certificate.

$ 32. Any company or troop, may, at any meeting thereof, elect non-commissioned officers to fill any vacancy therein.

$33. Such election shall be directed and conducted by the commanding officer of such company or troop, for the time being, who

shall certify the names of the persons elected, to the commanding of TITLE 3. ficer of the regiment or separate battalion, to which the company or troop belongs.

$ 34. Such commanding officer shall decide upon the legality of b. the election, and issue warrants to the persons duly elected.

$35. The commandants of companies or troops may, whenever Ib. they deem it necessary, call a special meeting of their respective companies or troops, for an election of non-commissioned officers.

plurality.

$36. A majority of the votes of all the persons present, at an elec- Majority and tion of brigadier-general, shall be necessary to a choice; in all other cases, a plurality shall be sufficient.

$37. The commanding officers of brigades, may accept the resig- Resignations. nations of all commissioned officers in their respective brigades; but no resignation of any captain, or subaltern shall be accepted, until the same shall have been approved of by the commanding officer of the regiment, to which the officer so resigning may belong.

$ 38. The commanding officer of a brigade on accepting any re- 16. signation, shall forthwith communicate the same to the commandant of the regiment to which the officer resigning may belong; and if any such officer be a subaltern, he shall also communicate the same to the commandant of his company.

$39. The commander in chief may accept the resignation of any ь. officer, whose resignation the commanding officer of a brigade is not authorised to accept; and he may also accept the resignation of any officer, whose resignation the commanding officer of his brigade, shall have refused to accept.

$40. On accepting the resignation of any officer, the commander I. in chief shall cause the necessary notices and orders to be given, for an election to fill the vacancy so created.

from bounds

$ 41. Every officer who shall remove out of the bounds of his Removal command, (unless such command shall be in any of the cities of this of command. state); and every officer who shall be absent from his command twelve months, without leave of the commanding officer of his brigade, shall be considered as having vacated his office; and a new election shall be held without delay, to fill the vacancy so created.7

TITLE III.

OF THE ENROLMENT OF PERSONS SUBJECT TO MILITARY DUTY. SEC. 1. Commandants of companies to enrol persons subject to military duty.

2. Notice to such persons to attend training, deemed a legal notice of enrolment.

(7) Laws of 1824, p. 431, § I.

TITLE 3. SEC. 3. Persons enrolled to be provided with arms, &c.

Enrolment.

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Duty of persons enrolled.

Age and ability.

Surgeon's certificate.

Duty of ta

&c.

4. Age and ability to bear arms determined by commandant of company; an appeal lies to commandant of regiment.

5. Persons claiming exemption by reason of inability, to produce certificate of surgeon. 6. Tavern-keepers, &c. to give account of their boarders.

7. Twenty-five dollars penalty for not giving account, or for giving a false one.

8. Commandants of companies may enrol musicians.

9. Privileges and liabilities of persons so enrolled.

10. After such enrolment, musician not to enlist in any other company.

$1. The commanding officer of each company of infantry shall, from time to time, enrol all persons within the limits of his company, who may be subject to military duty; and shall, without delay, notify such persons of their enrolment.

S2. Every notice or warning to a person so enrolled, to attend a company, battalion, or regimental muster or training, pursuant to the provisions of this Chapter, shall be deemed a legal notice of his enrolment.

$3. Every person duly enrolled, shall be provided, within six months from and after he shall be duly notified of his enrolment, with arms, accoutrements and ammunition, agreeably to the directions of the laws of the United States.

S4. The age and ability to bear arms, of every person so enrolled, shall be determined by the commandant of such company, subject to an appeal to the commanding officer of the regiment; but the decision of neither of these officers, shall prevent a court-martial from determining, whether such person was properly enrolled.

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$5. Persons claiming to be exempted from enrolment, by reason of inability to bear arms, may produce the certificate of a surgeon, surgeon's mate, as evidence of such inability; but such certificate shall not be conclusive, nor shall it be lawful for the person giving the same, to take any fee or reward therefor.

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$ 6. All tavern-keepers, keepers of boarding-houses, persons vern keepers, ing boarders in their families, and house-keepers, upon their being thereto requested by the commanding officer of the company within the beat of which they reside, shall give to such commanding officer, a true account of all persons lodging or boarding with them, and of their names, if known, to the end that such persons as are liable to do military duty, may be enrolled according to law.

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Musicians.

$7. If any person of whom such account is so demanded, shall refuse to give such account and names, or shall wilfully give a false ac count, he shall forfeit and pay twenty-five dollars, to be recovered by the commanding officer of the regiment, for the use of his regiment.

$8. Every commandant of a company, may enrol as musicians in his company, at least two, and not more than five persons residing in his beat, who are desirous to be so enrolled.

$9. The persons so enrolled, shall perform the duty of musicians ART. 1. in such company, instead of serving as privates therein, and shall re- Ib. spectively be entitled to the same privileges and exemptions, as noncommissioned officers and privates, in uniform companies, and shall be subject to the same fines and penalties, for the non-performance of their duty, as non-commissioned officers are liable to, for absence from a parade.

$10. No such musician after being enrolled, shall enlist into any . other company, without the written consent of the commanding officer of the company, to which he belongs.

TITLE IV.

OF THE ORGANIZATION, UNIFORM AND DISCIPLINE OF THE MILITIA.
ART. 1. Of the general organization of the militia, and their uniform and discipline.
ART. 2. Of the organization of the staff departments.

ART. 3. Of the organization of bands of musicians.

ARTICLE FIRST.

Of the general Organization of the Militia, and their Uniform and Discipline.

SEC. 1. Militia organized according to laws of United States.

2. Subject to such laws, commander in chief may arrange militia.

3. He may transform cavalry to light artillery.

4. Commandants of brigades may alter regiments, &c. under their command.

5. Such alterations to be reported to commander in chief.

6. Officers rendered supernumeraries by such alterations, not to lose their rank in line,
if they give notice of their intention of retaining it.

7. Supernumeraries to equip and attend parades, &c.

8. With the consent of commandant of brigade, troops of cavalry or companies of rifle-
men, &c. may be formed.

9. Before commandant gives such consent, he shall be satisfied that they intend in
good faith to serve.

10. Every troop, &c. that has not 40 privates at any annual inspection, &c. to be re-
ported to commandant of brigade.

11. If 40 do not appear at such inspection, proof to be required that that number belong to company, &c.

12 & 13. Where such company is deficient in numbers, commandant of brigade shall
disband the same.

14. Riflemen not formed into battalions or regiments, considered part of infantry.
15. Regiments and battalions of riflemen, &c. not formed into brigades, considered part
of infantry.

16. No non-commissioned officer, musician or private, to leave uniform company with-
out consent of commandant.

17. Commandants of uniform company to make return to commandants of infantry companies, of the persons enlisted in their companies.

18. Contents and effect of return.

19. Whenever an able-bodied man is discharged from an uniform company, notice to be given to commandant of infantry company in whose beat he resides.

20. Last three sections not to extend to New-York.

21. Persons under 21 years of age, not to join any uniform company, without consent of parent, &c.

22. Uniform of the infantry.

23. Discipline to conform as near as may be to that of United States army; books pre

scribed.

24. Commander in chief to direct the guide for artillery.

TITLE 4. $1. The organization of the militia, in divisions, brigades, regiments, battalions, squadrons, troops, and companies, shall be conformganization. ed to the provisions of the laws of the United States.

General or

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Powers of brigadier.

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Supernume

raries.

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Troops and uniform com

$2. Subject to such laws, the commander in chief may arrange, alter, divide, annex and consolidate the divisions, brigades, regiments, battalions, squadrons, troops and companies, in such manner as, in his opinion, the proper organization of the same shall require.

S3. The commander in chief may transform any part of the cavalry to light artillery, and when so transformed, they shall arm and equip as cavalry, and be liable to do duty as such, or as light artillery, as the commander in chief shall, from time to time, direct.

$ 4. The commanding officer of each brigade, with the approbation of the commanding officer of his division, may divide, annex, or alter the bounds of, the several regiments, or separate battalions under his command; and in all cases of alterations in the bounds of any regiment, that part containing the major part of the companies of any one regiment, shall retain its name, number and rank.

S 5. All such alterations shall be reported to the commander in chief, and remain in force until he shall otherwise direct.

$6. Every officer rendered supernumerary by any consolidation or alteration of regiments, separate battalions, squadrons, troops, or companies, shall be deemed to have resigned his commission, unless he shall give written notice of his intention to retain his rank in the line, to the commanding officer of the brigade to which he belonged, within thirty days after such consolidation or alteration, shall be published in general orders.

$7. Supernumerary officers shall equip themselves, and those under the rank of colonel, shall attend the parades and drill trainings of the officers and non-commissioned officers.

S 8. Whenever forty persons, subject to military duty, shall assopanies. ciate together for the purpose of forming a troop of cavalry, or a company of riflemen, grenadiers, light infantry, artillery, or light artillery, and with the consent of the commanding officer of the brigade, shall apply to the commander in chief to be organized as such, the commander in chief may so organize them; and such persons as a majority of the applicants shall have designated in their application, shall be commissioned as the officers of such troop or company; but no artillery company shall be organized by the commander in chief, unless the commissary-general shall have on hand a proper piece of artillery and its equipage, ready to be delivered to such company.

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$9. Every commanding officer of a brigade, before he shall consent to any such application, shall require satisfactory evidence, that

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