TITLE 5. SEC. 28. Commandants to report to court-martial, all persons who discharge fire-arms on ODL Times of parade. Ib. uniform parade day; also for disobedience of orders, &c. 29. Commanding officer at parade may put disorderly persons under guard. 34. Commandants of regiments, &c. to report delinquents at officer parades. 36. Officer ordering, to give notice of invasion to his commanding officer. 37 & 38. Commandants of regiments, &c. within whose limits an insurrection happens, to assemble their troops, and give notice of insurrection. 39. Judge to whom notice given, may require additional forces to quell it. 40. Persons wounded in service of state, provided for at its expense. 41, 42 & 43. How drafts from the militia made, when ordered by president or commander in chief. 44. Persons drafted may offer substitutes. 45. Commander in chief to prescribe rules relative to distribution of arms, &c. when militia called into service. $1. The militia shall rendezvous as follows: 1. By companies in their respective beats, on the first Monday of September in every year, at nine o'clock in the forenoon, for the purpose of training, disciplining, and improving in martial exercise. 2. By regiments or separate battalions, once in each year, between the first of September and the fifteenth of October, at such time and place in their respective beats, as the commanding officer of the brigade shall direct, for the purpose of inspection, review and martial exercise. 3. At such other times and places, either by regiments, battalions, companies or troops, as the case may require, as shall be directed in any order of the proper authority, calling into the service of the United States or of this state, the whole or any portion of the militia. $ 2. It shall be the duty of all uniform companies and troops, to companies. rendezvous by companies within their respective beats, in addition to the general rendezvous on the first Monday of September, one day in each year, at such time and place as their respective commandants may direct. Cavalry pa rades. rade dispens $3. In all cases, where the commanding officers of brigades of cavalry or artillery, shall consider it expedient, they may require the corps under their respective commands to meet by regiments or battalions at any parade, which may be required for the purpose of improvement or inspection. Artillery pa S4. If the commandant of any brigade of artillery shall deem it ed with. impracticable or inconvenient, for any regiment or battalion under his command, to parade for annual inspection and review, he may dispense with such inspection and review. Ib. S 5. He shall, in such case, on or before the fifteenth day of July, in each year, notify the commanding officers of the several brigades of infantry, within the beats of which the commanding officer of any company, belonging to such regiment or battalion, shall reside, that such regiment or battalion will not be ordered to meet for inspection TITLE 5. and review. when to pa fantry. $6. The commandants of brigades of infantry, shall in such cases, Artillery require the companies of artillery belonging to such regiment or bat- rade with intalion, to meet for inspection and review, with the regiment or separate battalion of infantry, within whose beat the commanding officers of the respective companies of artillery reside. days of re § 7. The commanding officers of regiments and separate battalions Command on of infantry, shall, on the day of annual inspection and review, have view. the command of every such company of artillery, and shall give the like previous orders, and make the same returns of delinquents and deficiencies, with the like effect, as if such company belonged to the infantry under their command; but such returns shall be made to the court-martial of the corps to which the company belongs. view. $8. The commandant of each brigade, shall give notice to the Notice of recommandant of the division, of the times and places of the annual inspection and review, of the several regiments and separate battalions in his brigade. of division. $9. Each commandant of division, shall attend the review and Commandant inspection, of the several regiments and separate battalions of at least one of the brigades in his division, in each year; and he shall require the officers of the division staff, armed and equipped as the law directs, to accompany him. He shall so attend such reviews and inspections in each brigade of his division, in succession. of brigade. $10. The commandant of each brigade shall attend with the offi- Commandant cers of the brigade staff, armed and equipped as the law directs, the annual inspection and review of the several regiments and separate battalions in his brigade. rade. $ 11. The commissioned and non-commissioned officers and musi- Officers pa cians of each regiment and separate battalion, shall rendezvous within their respective beats two days successively, between the first day of June and the first day of September in each year, for the purpose of training, disciplining, and improving in martial exercise. The days and places of rendezvous, shall be prescribed by the commanding officer of the brigade. ade inspector. $ 12. On the first day of such rendezvous, the brigade-inspector Duty of brigshall attend, to superintend the exercise and manœuvres, and to introduce the system of discipline, which is or shall be prescribed by law; and on such day, he shall take the command as drill-officer, so far as shall be necessary to the execution of those duties. $ 13. If the commanding officer of any brigade of cavalry or artil- Officers of lery, shall deem it inconvenient for all the commissioned and non cavalry, &c. TITLE 5. commissioned officers and musicians of any regiment or battalion in such brigade, to rendezvous at the same time and place, he may order them to rendezvous, a part at one time and place, and a part at another; at each of which places, the brigade-inspector of such corps shall, if practicable, attend. Additional parade of offi cers. May be by brigades. How to appear. Delinqueneies. Warrant to warn for parade. How served. $14. The commanding officer of any regiment or separate battalion, in addition to the rendezvous above prescribed, may require the commissioned and non-commissioned officers and musicians, to meet once in each year, for exercise and improvement, at such time and place as he shall appoint. $ 15. The commandant of each brigade, by and with the consent of all the field officers, may require the parades of the officers, non-commissioned officers and musicians, to be held by brigades, if he shall deem it expedient, in lieu of the regimental or battalion rendezvous. $ 16. The commandant of each regiment or separate battalion, may require the commissioned and non-commissioned officers, at any rendezvous of such officers and musicians, to appear with such arms and accoutrements as he may prescribe; and he may require them to perform every duty, belonging to commissioned and non-commissioned officers, or to privates. $ 17. Such commandant shall report all absences and deficiencies, to the president of the proper court-martial. $ 18. For the purpose of warning the non-commissioned officers, musicians and privates, to any parade or place of rendezvous required by law, the commandant of each company shall issue his warrant under his hand, to his non-commissioned officers, or to such of them as he may deem proper, requiring them respectively to warn all persons subject to military duty within a certain district, to be designated in such warrant, or all persons named in the warrant, as such commandant may elect, to appear at such parade or place of rendezvous, armed and equipped as the law directs. $19. Each non-commissioned officer, to whom such warrant shall be directed, shall warn every person theretofore enrolled or enlisted, whom he shall be therein required to warn, by reading the warrant, or stating the substance thereof, in the hearing of such person; or in case of his absence, by leaving a notice thereof at his usual place of abode, with some person of suitable age and discretion, or affixing the same on the outer door of the house, in case no such person can be found therein. Such notice shall be signed by the non-commissioned officer making the service, and when so left or affixed, shall have the like effect as if the person to whom the same shall be directed, had been personally warned. $20. Such non-commissioned officer shall deliver the warrant to TITLE 5. his commandant, with a return, in which he shall state the names of How returnall persons by him warned, and the manner of warning them respec- ed. tively, and he shall make oath to the truth of such return; which oath shall be administered by the commandant, and certified by him on the warrant or return. Ib. $21. Such commandant shall deliver the warrant and return, to- ь. gether with his own return of all delinquents and delinquencies, to the president of the proper court-martial. dence. $22. The return of such non-commissioned officer, so sworn to Return, eviand certified, shall be as good evidence on the trial of any person returned as a delinquent, of the facts therein stated, as if such officer had testified to the same before the court-martial, on such trial. ficers delin $23. Every commandant of a company shall make the like re- Return of of turn, upon honor, and with like effect, of every delinquency and neg- quent. lect of duty of his non-commissioned officers, either in not attending on parade, or not executing or returning a warrant to them directed, or not obeying the orders of their commanding officers. warn. $24. Any commissioned officer of a company may, without a war- Officers may rant, warn any or all of the persons subject to military duty, within the beat of the company, to appear at any parade or place of rendezvous. Such warning may be given by him, either personally, or by leaving or affixing a notice, in the same manner as if given by a noncommissioned officer; and his certificate, upon honor, shall be received by any court-martial, as legal evidence of such warning. ern-keepers, &c. $25. All tavern-keepers, keepers of boarding-houses, persons hav- Duty of tav ing boarders in their families, and house-keepers, upon their being thereto requested by the commandant of the company within the beat of which they reside, or by the non-commissioned officer of any such company, having a warrant from such commanding officer, to warn persons to attend any parade, shall give to such commanding officer, or non-commissioned 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 warned to rendezvous, according to law. $26. If any person, of whom such account is so demanded, shall Penalty. refuse to give such account and names, or shall wilfully give a false account, he shall forfeit and pay twenty-five dollars, to be recovered by the commandant of the regiment, for the use of his regiment. rade. $27. For the purpose of preserving order on the day of parade, Time of pa the militia shall be considered as under arms from the rising of the sun, to its setting on the same day; and shall be exempted from arrest on civil process, during that time. Powers of command ants. Ib. TITLE 5. $28. Every commandant of a company or troop, in addition to putting under guard, as he is hereby authorised to do, and the exercise of the usual military powers with which he is hereby vested, shall return to the president of the proper court-martial, the names of all persons in the company or troop, who shall have discharged any firearms on such day, within two miles of such parade, without the order or permission of a commissioned officer, or officer acting as such; and also the names of every non-commissioned officer, musician or private, who shall, on such day, refuse or neglect to obey the orders of his superior officer, or to perform such military duty or exercise as may be required; or depart from his colors, post, or guard; or leave the ranks, without permission from his superior officer. Parade ground. Encroach ment and nu on. $29. The commanding officer present at any parade, may put under guard, any by-stander, or spectator, who shall abuse, molest, or strike, any one when on parade, or under arms. $30. Such commanding officer shall, on the day on which any parade or rendezvous is to be held, and previous thereto, cause the bounds of the parade ground to be designated, in such manner as not to obstruct the passage of travellers on any public highway. $31. If any person, during parade, shall encroach on the bounds sances there- of the parade ground, previously designated; or shall, then and there, sell, or offer to sell, or give away, any spirituous liquors, without permission of the commanding officer; or shall have in his possession any gambling table, or other gambling device; such person may be put and kept under guard by such commander, until the setting of the sun on the same day; and such liquor, gambling table, or other gambling device, may be abated, or destroyed, as a nuisance, by order of the commandant. No parade on election day. Delinquencies to be reported. Ib. $ 32. No parade or rendezvous of the militia, shall be ordered on any day during which a general or special election shall be held, nor within five days previous to such election, except in cases of invasion or insurrection, or of imminent danger thereof; and if any officer shall order any such parade, or rendezvous, he shall forfeit and pay to the people of this state, the sum of five hundred dollars. $33. Every commandant of a company, or troop, within any regiment or separate battalion, shall, within fifteen days after any parade, furnish the president of the proper court-martial, with a return of all persons belonging to his company, or troop, who shall have been, at such parade, delinquent in the performance of duty, or deficient in the equipments, or uniform, required by law, or who by any means, shall have incurred any fine or penalty, under this Chapter. $34. The commandant of every regiment or separate battalion, within ten days after a regimental or battalion parade, or rendezvous |