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active militia,

in-chief may

have volunteered

towns.

heretofore volun

volunteer, are to

And whenever the commander-in-chief shall find it In drafts from innecessary to order out the inactive militia, in fixing the commanderthe number to be called for or drafted in each town, have regard to he may consider the number of persons who have vol- the number who unteered from each town, in such a manner that the from the several draft shall be equitably apportioned among the several towns in the state and any person who has here- To what towns tofore enlisted, or shall hereafter enlist into the service persons who hav of this state, and has been or shall be turned over teered, or shall into the service of the United States, shall be credited be credited. to the town where such person was last enrolled. And in case any person shall be or has been enrolled and claimed in more than one town, and shall enlist or be drafted, the governor shall, unless the selectmen of the town shall agree, determine to what town such person rightfully belongs. And in case any person who has enlisted, or shall enlist as aforesaid, is not enrolled in any town in this state, he shall be credited to the town where he resided when the call for volunteers or order for draft is made by the governor, pursuant to any requisition of the United States.

number of ex

signing the quota.

And he may also, in fixing such number, take into The probable consideration the probable number of those drafted emptions may be persons who will be exempted or rejected from disa- regarded, in asbility or other cause; and in case more drafted persons from any town are accepted by the examining surgeon than the quota allotted to such town, such drafted persons shall be held in the order of their draft to the number of such quota, and the remainder shall be discharged and re-enrolled.

three months,

who have served,

future drafts.

No person who has volunteered for a longer period Volunteers for than three months, or shall hereafter volunteer, and longer term than has performed or shall perform military service for and drafted men, the state under any call of the president of the United exempted from States, nor any person who has been or shall be drafted and performs such military service, either by himself, or by substitute, shall be again subject to be drafted until the whole number of the inactive militia in said town shall have volunteered or been drawn or drafted.

SEC. 6. The order of the commander-in-chief for Order for draft. such purpose may be directed to the selectmen of any town, who shall thereupon appoint a time and place of parade for the inactive militia in such town,

On neglect or refusal of selectmen, another

person may be

detailed to exe

cute the order,

at expense of the town.

Penalty for fail

ure to appear at rendezvous.

Selectmen re

quired to secure the attendance of

rendezvous.

and shall order them to appear at such time and place,
either orally or by leaving written or printed notices
with them, or at their usual places of abode, or by
publishing in some newspaper printed in the same or
an adjoining county, and by posting on the public
sign-posts in the same town, and shall then and there
proceed to draft by lot as many thereof, or to accept
as many volunteers as are required by the order of the
commander-in-chief, and return to the adjutant-general
the names of such men as have been drafted or have
volunteered as aforesaid: and such drafted men, or
volunteers, shall thereupon be subject to the order of
the commander-in-chief. And until the enrollment,
as provided in the second and third sections of this
act, is made and completed, the enrollment now
made and existing shall be used for the purposes
aforesaid; and in case any selectman of any town shall
neglect or refuse to comply with the order of the com-
mander-in-chief to draft, it shall be lawful for the
commander-in-chief to detail such person as he may
think
to execute such order at the expense of
proper,
such town, and make return thereof to the adjutant-
general.

SEC. 7. Every soldier ordered out from the inactive militia for active service, who either volunteers or is detached or drafted, who does not appear at the time and place designated by the order of the commander-in-chief, communicated to him by the selectmen or otherwise, unless he is prevented by sickness or other inability, or proves that he is exempt under the provisions of this act, or provides some proper and able-bodied substitute at such time and place, shall be taken to be a soldier absent without leave, and may be dealt with accordingly, and shall, at all times, be liable to enter the service for which he is ordered, whether the quota of the town to which such person belongs is full or not.

And it shall be the duty of the selectmen in the several towns in this state, upon the completion of the drafted men, at draft which may be ordered in their respective towns, to secure the attendance of the persons so drafted, at the time and place of rendezvous appointed in the order of the commander-in-chief; and the selectmen, if it shall be necessary in the performance of such duty,

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may take charge of such drafted persons, and may command the assistance of the constables of the town or of any other person to secure the attendance of all the persons so drafted at the time and place of rendezvous, appointed in the order of the commander-inchief as aforesaid; and any person who shall, when Penalty for recommanded by the selectmen, or either of them, re- selectmen. fuse to render his assistance as aforesaid, shall be punished by a fine of seven dollars, or by imprisonment in the county jail for a term of not less than ten nor more than thirty days, or by such fine and imprisonment both.

fusal to assist the

chief may order a

cy in the town

And when any number of the persons so drafted Commander-infrom any town shall fail to be present at the time second draft, to and place of rendezvous aforesaid, the commander-in- supply a deficienchief may, at any time, not less than three days there- quota. after, issue his order requiring another draft to be made in such town, to supply the deficiency.

Post-surgeons

and assistants; how appointed;

SEC. 8. The commander-in-chief may appoint the necessary number of post surgeons and assistant post surgeons to examine the persons so drafted, and de- and their duties. cide upon their ability to perform military service, who may grant certificates of exemption, particularly specifying therein the cause thereof, and who shall be paid out of the treasury of the state such reasonable sum for their services as may be fixed by the commander-in-chief, unless they shall be paid for such services by the United States; and if any one of such post surgeons or assistant post surgeons shall receive Penalty for reany other fee or reward for his said services, or any granting fraudu gratuity therefor, or shall knowingly grant any certifi- lent certificates cate of exemption on account of a disability not existing, he shall be liable, for each and every offence so committed, to pay a fine of five hundred dollars, or be imprisoned in the county jail for a term of six months, or suffer such fine and imprisonment both. And any Certificates imcertificate so granted may be revoked by the surgeon- properly granted general, and all certificates of exemption heretofore by surgeon-gengranted are hereby revoked and annulled.

ceiving fees, or

of exemption.

may be revoked

eral.

drafted not to be

Persons hereafter drafted and excused on account of Persons once disability, shall not be re-enrolled until the next an- re-enrolled the nual enrollment in their respective towns. And if for same year. any cause there shall be a deficiency in the number

of persons required to be drafted from any town, it Selectmen must shall be the duty of the selectmen of such town to continue draft

ing until quota is continue drafting until the quota required from such town is full and complete.

full.

Penalty for re

of selectmen.

SEC. 9. If any selectman of any town shall neglect fusal or neglect or refuse to perform the duty required of him by the second, third, fourth and seventh sections of this act, or shall neglect or refuse to enroll any person in such town, subject to enrollment, as one of the inactive militia, or shall knowingly strike from the roll the name of any person so subject, or shall neglect or refuse to comply with any order from the commander-in-chief respecting a draft, he shall pay a fine of five hundred dollars for the use of the state; and it shall be the duty of the attorney for the state, in each county, upon knowledge of any such neglect or refusal on the part of any selectman within the county, to commence suit against such selectman for the recovery of such fine, by an action on the case founded on this statute.

Companies of active militia, may enact bylaws, &c.

Active militia

not liable to be

turned over into

service of United

States, for more than three

months in any

one year. Το consist of not more than ninety companies. Repeal.

SEC. 10. Any company of active militia organized under the provisions of the act to which this is an addition, is hereby empowered to enact by-laws for its better government and discipline, which, when approved by the major-general, shall be binding upon the members of such company, and the penalties thereof may be enforced in the same manner as the penalties provided in the twentieth section of said act.

SEC. 11. The active militia of the state shall not be liable to be turned over into the service of the United States, for the performance of military service out of the limits of this state, for a longer time in all than three months, in any one year, and they shall consist of not more than ninety companies.

SEC. 12. The first, second, fourth, fifth, eighth, ninth, tenth and eleventh sections of an act, entitled "An Act relating to the Militia," approved, July 10th, 1862, and so much of the remainder of said act as is inconsistent herewith, are hereby repealed; but the recovery of any fine, forfeiture, penalty, or debt incurred by reason of the violation of any of the provisions of said act, or the collection and enforcement of any commutation or other tax provided for therein, shall not be affected by this act.

SEC. 13. This act shall take effect from the day of its passage.

Approved, Dec. 24th, 1862.

STATE OF CONNECTICUT, 88.,
OFFICE OF SECRETARY OF STATE, Jan. 3d, 1863.

63. }

I HEREBY CERTIFY, that I have compared the printed copies in this pamphlet contained, with the engrossed bills of Public Acts passed by the General Assembly of this State, at its special session, in December, 1862,—and find the same to be correct.

J. HAMMOND TRUMBULL,
Secretary of State..

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