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Dury of Secretary

of State.

Census and
Statistics to be

Supervisor and

the number of flouring mills, the number of runs of stone in each; the number of barrels of flour made by each the preceding year; and the number of oil mills, and the number of gallons of oil made the preceding year; the number of breweries, the number of barrels of beer made the preceding year; the number of distilleries, the number of gallons of liquor made the preceding year; the number of gallons of wine made the preceding year; and the number of barrels of cider made the preceding year; and the number of barrels of fish caught the preceding year, and the amount of capital invested; the. number of saw mills, the number of feet of lumber sawed by each the preceding year, and the amount of capital invested; the number and kind of manufactories; the number of persons employed; the amount of capital invested; and the value of the products for the past year; designating the number of said mills and factories operated by steam, and the number by water power; the number of mines worked; the amount of capital invested, and the number of men employed, specifying the kind of mineral, the aggregate quantity in pounds, and its valuation at the place of mining, the amount of capital invested, and the number of men employed; and the value of all the merchandize imported the preceding year for the purpose of sale.

(631.) SEC. 3. The Secretary of State shall prepare proper blanks for taking the Census and Statistics, and shall transmit to the several County Clerks of all the organized counties of the State a sufficient number for cach township, ward, or assessment district in each county, on or before the first day of January, A. D. 1854, and every tenth year thereafter; and it shall be the duty of the County Clerk to receive and retain the same in his office, and on or before the second Monday in April next thereafter, cause to be delivered to the Supervisor of each township and ward, and Assessor of each assessment district in the county, a sufficient number of said blanks for the Supervisor or Assessor to take the Census of his township, or ward, or assessment district (as the case may be), and to make a condensed statement thereof, as prescribed in the next succeeding section.

(632.) SEC. 4. It shall be the duty of each Supervisor and condensed by Assessor to condense the Census and Statistics of his township, Assessor. ward, or assessment district, so as to show the aggregate number of each class, to write out distinctly the names of all males over the age of twenty-one years; and when so arranged,

he shall make duplicate copies, and personally deliver or forward the same to the County Clerk of their respective counties, on or before the first day of July next thereafter; and it shall be the duty of the County Clerk to forthwith seal Duty of County up one copy and send it by mail to the Secretary of State, and the other he shall file and carefully preserve in his office.

Clerk.

Supervisor or

(633.) SEC. 5. If any Supervisor or Assessor shall be sick, When person to or otherwise unable to perform, or omit to perform the duties do the duty of required by this act, the Township or City Board shall imme- Assessor. diately appoint a suitable person to do the duties of such Supervisor or Assessor, who shall take and subscribe the Constitutional oath before entering upon the duties of his office. (634.) SEC. 6. Any Supervisor or Assessor neglecting or Penalty for refusing without good cause shown, to perform all the duties prescribed in this act, shall forfeit the sum of one hundred dollars, to be recovered by an action of debt, in the name of the People of the State of Michigan, for the use of the county where such failure occurred.

neglect of duty

torney to sue for

(635.) SEC. 7. It shall be the duty of the County, Township, Prosecuting Ator City Clerk (as the case may be), to notify the Prosecuting forfeitures. Attorney of the county of any forfeiture under this act, who shall immediately commence a suit for the recovery thereof, and prosecute the same to a final termination.

Supervisor and

(636.) SEC. 8. The Supervisor of each township and ward, Compensation of and the Assessor of each assessment district, shall be allowed, Assc aor. in addition to the sum allowed by law for taking the assessment of his township, ward, or assessment district, one dollar for every one hundred persons by him returned, if the number shall exceed one thousand and five hundred, and one dollar and fifty cents per hundred for any number less, and ten cents per mile for conveying the returns to the County Clerk's office, which shall be in full for all services performed under the provisions of this act; and the sum due each Supervisor and Assessor for services, shall be calculated at the rate aforesaid by the County Clerk, to which the proper returns are made, and his certificate of the amount due shall be paid by the Treasurer of said county: Provided, That before a Proviso. Supervisor or Assessor shall be entitled to receive any compensation, he shall attach a certificate to each copy of said returns, signed by him, in the following form, to wit: "I do Certificate to Tchereby certify that the Census and Statistics set forth in the schedule hereunto annexed, has been consolidated and arranged from enumeration and statistical lists, made by actual inquiry

turns.

Duty of Secretary of State relative to Returns.

at the dwelling, or personal inquiry at the head of every family, or of a competent person acquainted with the facts, by myself, in the township of or ward number

or assessment district in the city of

in the

(as the

city of
case may be), and that the said schedule has been made in
every respect in conformity with the act for taking the Census
and Statistics for the year eighteen hundred and fifty-four, and
every tenth year thereafter, and is correct and true, according
to the best of my knowledge and belief."

(637.) SEC. 9. The Secretary of State shall condense, in a tabular form, the Census and Statistical returns made to him, and as soon as may be, cause three thousand copies to be published in pamphlet form, and transmit four copies to each organized township in the State, one for the use of the Supervisor, one for the use of the Township Clerk, and two to be deposited in the township library; and twenty-five copies to the Mayor of the City of Detroit, and ten copies to the Mayor of any other city in the State, for the use of the several city libraries, and one copy to each of the members of the present Legislature and its officers: Provided, That in counties having less than five thousand inhabitants, the Supervisor in each town Compensation. shall be entitled to three dollars for taking the Census and Statistics in his town extra.

Proviso.

Common Council

of Detroit to appoint.

Columns to be footed.

Governor to appoint Marshals in certain cases.

(638.) SEC. 10. In the City of Detroit, the Common Council shall appoint a person in each ward to discharge the duties required by this act, to be performed by the Supervisor of each township or ward: Provided, There is no Assessor elected in said wards.

(639.) SEC. 11. It shall be the duty of the persons required in this act to take said Census, to have the several columns of figures footed, and the aggregate amount put down.

(640) SEC. 12. That the Governor appoint marshals to take the Census in the unorganized territory not otherwise provided in this act, who shall receive such compensation as the Board of Supervisors of the organized county to which such unorganized territory is attached for judicial purposes shall allow. This act shall take effect immediately.

TITLE VII.

CHAPTER XVI.

OF THE MILITIA.

SECTION

641. Persons subject to Military Duty.

642. Who to be exempt.

643. How enrollment to be made.

644. Non-Commissioned Officers and Musicians. 645. Title of Militia.

646. Commander-in-Chief to arrange Brigade. 647. Brigades and Divisions.

648. Bounds of may be altered.

649. Name of Division, etc. to be registered. 650. Commander-in-Chief to appoint Aids; Staff Department.

651. Chief of Staff Department to have command.

652. Appointment of Officers.

653. When Office vacant, next in rank to command.

654. How Officers commissioned. 655, 656. Official Oath.

657. Commission to show date of appointment. 658. Commissions to be transmitted to Commanding officers.

659. Refusal of Office to be certified on Commission.

660 to 665. Duties of Adjutant General. €66. Exemption from Jury service and labor on highways.

667, 668. Further duties of Adjutant General. 669. Duties of Division Inspector. 670 to 675. Duties of Brigade Inspector. 676 to 681. Duties of Adjutant of Regiment or Battalion.

682 to 686. Duties of Quartermaster General. 687. Duty of Division Quartermaster.

688. Duty of Brigade Quartermaster.

SECTION

689. Duty of Regimental or Battalion Quarter

master.

690. Duties of Judge Advocate General. 691. Duties of Division Judge Advocate. 692. Duties of Brigade Judge Advocate. 693. Duties of Major Generals.

694. Duties of Brigadier Generals. 695. Duties of Aids.

696. Duties of Colonel and Lieutenant Colonel. 697. Lieutenant Colonel to be subject to Colonel. 698. Major subject to Colonel and Lieut. Colonel. 699. Duties of Surgeons.

700. Duties of Sergeant Majors and Sergeant Quartermasters.

701. Fife and Drum Majors.

702 to 704. Duties of Commandant of Company. 705 to 708. Duty of Clerk of Company.

709. Clerk pro tem.

710. Duty of Non-Commissioned Officers. 711. Band of Musicians.

712. What acting Militia to be composed of 713. To be first called into service.

714. Volunteer Companies now organized retained.

715. Companies to be numbered and organized into Battalions.

716. Returns to be made.

717. Members to serve for six years.

718. Certificate of service.

719. Four Companies may be formed in Brigade. 720, 721. Organization of Company.

722. Company may adopt By-Laws. 723. Uniform.

724. Parade.

SECTION

725. Arms, etc.; Equipments.

726. Members must be present at Parade.
727. Officers may discipline Company.
728. Rendezvous.

729. Place of Encampment.

730. Members to attend regular meetings with-
out warning.

731. Rendezvous may be changed to Encamp

ment.

732. Order at Encampment.

733. Order on Parade days.

734. Disorderly persons may be put under guard.
735. Officers to attend Reviews, etc.
736. Major Genera! to review Battalion.

737. Company to be disbanded in case of defi-
ciency in number.

738. Company disbanded if destitute of Officers.
739. Commander-in-Chief to prescribe Uniform.
740. System of Discipline.

741. Companies to elect Officers.

742. Vacancies.

743. Separate Battalion how formed and Off-
cered.

744. When considered organized.

745. By-Laws relative to Elections.
746. Returns of Elections.

747 to 756. Penalties for neglect of duty.

757. Excuses to be made to the Commanding
Officer.

758. Fines how enforced and collected.

759. Complaints to be made by proper Officers;
proceedings thereon.

SECTION

760. Fines, to whom to be paid.

761. Appeal from judgment for fine not allowed. 762. Adjutant General to designate Arms to be reeeived from United States.

763. Quartermaster General to take charge of

same.

764. Arms how distributed.

765. How Companies to obtain Arms, etc.
766. Majority to direct where they are to be
kept.

767. Commander-in-Chief may require examina-
tion of Arms.

768. May disband Company.

769. Quartermaster to take Arms, etc., not in

use.

770. Penalty for not taking care of Arms, etc.
771. Penalty for disposing of Arms, etc.

772. Salary of Quartermaster General.
773. Majority of Company to appropriate
moneys.

774. Assessors to return persons liable to Mili-
tary Duty.

775. List to be transmitted to Adjutant General. 776. Assessors may administer oaths.

777. Penalty for neglect of duty by Assessors, etc.

778. Courts Martial and of Inquiry abolished.
779. Powers of Commander-in-Chief to suspend
Officers.

780. Commander-in-Chief empowered to order
Militia out.
781. Acts repealed.

An Act to Provide for Organizing an Active Militia, and for other purposes.

[Approved May 18, 1846. Laws of 1846, p. 241.]

CHAPTER 1.

PERSONS SUBJECT TO MILITARY DUTY.

Persons subject to Military duty.

Additional persons exempt.

(641.) SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That all able bodied white male inhabitants, between the ages of eighteen and forty-five years, residents of this State, and not exempted from serving in the Militia, by the laws of the United States and of this State, shall be subject to military duty.

(642.) SEC. 2. In addition to the persons exempted by the laws of the United States, the following shall be exempted from military duty:

1. All Firemen, as provided in chapter forty-eight, title nine; 2. All members of independent volunteer companies, who have served as such, armed, uniformed and equipped for the

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