of the Union, under the conditions, limitations and proportions provided and contained in such acts of Congress.

TO BE EX-OFFICIO STATE LIBRARIAN.

10. The adjutant-general shall be ex officio state librarian, and as such he shall have charge of the library at the seat of government, belonging to the State, and be governed by the following rules in relation thereto :

First. The said library shall at all seasonable times be open to the use of the judges of the supreme court of appeals, circuit courts, state officers and members of the legislature; and no other person than those herein specified shall be permitted to remove any book or paper therein from the place where said library is kept.

Second. No book or paper shall be taken from said library until the person authorized to take the same shall sign a receipt therefor in a book to be kept for that purpose, particularly specifying each book or paper received by him and the time it is to be returned.

Third. When any such book or paper is returned, the same shall be noted in the margin of the said receipt.

Fourth. Other persons than those prescribed above may be permitted to use the said library at the place where it is kept.

11. The state librarian shall have power to appoint an assistant librarian whenever he is absent from the seat of government on official duty.

12. Any person who shall remove any book or paper from the said library contrary to law, or who shall fail or refuse to return any book or paper taken therefrom, upon the demand of the librarian, shall be liable for five times the value thereof, recoverable by an action in the name of the State.

TO BE EX-OFFICIO SUPERINTENDENT OF WEIGHTS AND MEASURES.

13. The adjutant-general shall be ex-officio superintendent of weights and measures, and as such shall do and perform all the duties and be subject to all the liabilities prescribed by chapter fiftynine of this code.

ACTS REPEALED.

2. All acts and parts of acts coming within the purview of this act and inconsistent therewith are hereby repealed.

CHAPTER XIX.

WHO ARE LIABLE TO AND WHO EXEMPT FROM MILITIA DUTY; HOW THE MILITIA ARE ENROLLED.

PERSONS LIABLE TO MILITIA DUTY.

1. Every able-bodied white male citizen of the State, over the age of eighteen and under the age of forty-five, not exempt from serving in the militia by the laws of the United States or of this

State, shall be enrolled in the militia by the captain or commanding officer of the company within the bounds of which such citizen may reside. Every able-bodied colored male person of the State, over the age of eighteen and under the age of forty-five, shall be separately enrolled, but shall not be required to perform ordinary militia duty; but shall be subject to draft in times of war, insurrectiou, or invasion, and when drafted, or called into actual service, shall be placed in companies and regiments to themselves, and governed in all other respects by the law governing the militia.

PERSONS EXEMPT FROM ALL MILITIA DUTY.

2. In addition to those who are exempt from all militia duty by the laws of the United States, namely: The vice-president of the United States; the officers, judicial and executive, of the government of the United States; the members of both houses of congress and their respective officers; custom-house officers and their clerks; postmasters, assistant postmasters and their clerks; post of ficers, post-riders, stage-drivers and persons employed in the care, conveyance and transportation of the mail of the United States; ferrymen employed at any ferry on a post road; inspectors of exports; pilots; mariners actually employed in the sea service of any citizen or merchant within the United States; and artificers and workmen employed in the armories of the United States. The following persons shall also be exempt from all militia duty, namely: The members of both branches of the legislature and their respective officers, during the session and for ten days before and after the same; the secretary of the state, auditor, treasurer and attorneygeneral, general superintendent of free schools; judges and clerks of the several courts; the recorders, sheriffs, sergeants of corporations, keepers of jails, superintendents and servants of the lunatic asylum, and of public hospitals; superintendent of the penitentiary and his assistants, and ministers of the gospel having charge of any congregation or circuit. Also, first, the only son of a widow dependent on his labor for support; second, the only son of aged or infirm parents, or parents dependent on his labor for support; third, where there are two or more sons of aged or infirm parents subject to draft, the father, or if he be dead, the mother, may elect which son shall be exempt; fourth, the only brother of children not twelve years old, dependent on his labor for their support, if such children have neither father nor mother living; fifth, the father of a motherless child, or children, dependent upon his labor for support; sixth, where there are a father and sons in the same family and household, and two or more of them are in the military service of the United States, or of this State, the residue of such family and household shall be exempt.

3. Any person disabled by bodily infirmity from the performance of militia duty may obtain from the surgeon or surgeon's mate of the regiment, battalion, or company to which he belongs (or if

there be no such officer, then from some respectable physician living within the bounds of said regiment, battalion or company,) a certificate that he is unable to do military duty on account of bodily infirmity, the nature of which shall be described in such certificate; and the commanding officer of the company to which he belongs may, on the back of the said certificate, discharge him from performing militia duty for such time, not exceeding one year, as such commanding officer deems reasonable; which discharge, when countersigned by the commandant of the regiment or separate battalion, shall, for the time specified, exempt the person therein named from all militia duty. But the regimental court may vacate any such discharge, if satisfied it was improperly granted; and though no such discharge has been granted, they may strike from the militia roll the name of any person, if satisfied he is not able to perform militia duty.

4. (Acts 1882, p. 184.) The following persons shall be exempt from the performance of the ordinary duties of militiamen, but shall be liable to be drafted, and, on the order of the governor, to be detailed for drill and active service in time of public danger or invasion, to-wit: Millers necessarily and personally employed in any grist mill; ferrymen in like manner employed at any ferry established by law; the general agent and storekeeper of the penitentiary and his clerks; the officers and members of all fire companies which are furnished with fire engines or other proper implements for the extinguishment of fires, and keep the same in serviceable condition; the officers of the several banks and branches, and of national banking associations; school commissioners and teachers, and ministers of the gospel and county superintendents of free schools; the crier of the supreme court of appeals during the sitting thereof; every commissioned officer of the mi:itia who may resign his commission after serving seven years successively; and every officer or member of a uniformed and armed volunteer company who shall have served in one or more such companies for three successive years.

5. Every assessor shall, in the first year of his term, and if the governor so direct, in any year thereafter, as soon as possible after the first day of January, make out a full and complete list of all male persons between the ages of eighteen and forty-five residing in his assessment district. There shall be a separate list for each company district, or so much thereof as is included in the assessment district; and if there be no company districts established, then for each magisterial district included in the assessment district. In the said lists he shall place in separate columns those who are not citizens, citizens who claim to be exempt from all militia duty, those who claim to be exempt from ordinary military duty, and those who are liable to military duty, having reference to the first day of January in the year for which the list is made. He shall, before he returns the said lists, arrange the names in each column in alphabet

ical order. He shall file the said lists in the office of the clerk of the county court, by whom they shall be carefully preserved for public inspection, and shall transmit a duplicate thereof to the adjutant-general, with his affidavit that the same contain, as near as he was able to ascertain, a full and correct list of all male persons between the ages of eighteen and forty-five residing in his assessment district. For every person properly so listed by him the assessor shall be entitled to receive, from the State treasury, three cents, to be paid on the requisition of the adjutant-general, out of any appropriation for the purpose made by law. Any assessor who shall fail to perform in any respect the duty required of him by this section, or who shall knowingly make an improper entry on any such list, or knowingly omit to enter thereon any name that ought to be so entered shall forfeit not less than five nor more than one hundred dollars for every such offense.

6. From the assessor's list, and such other information as he may be able to obtain, the commanding officer of every company district shall make out a roll containing in separate columns and alphabetical order, as required by the preceding section in relation to assessors' lists, the names of all male persons between the ages of eighteen and forty-five, resident within his district. He shall annex thereto his certificate that the said roll contains, to the best of his knowledge and belief, a true list of all persons within his district liable to be enrolled in the militia, and of all male persons between the ages of eighteen and forty-five, resident therein, who are not citizens or claim to be otherwise exempt from all or from ordinary militia duty; and shall return the roll so certified to the regimental court. It shall be the duty of the commanding officer of every company district to make out and return his roll as aforesaid, whether the assessor shall have made out or returned his lists or not.

7. Every keeper of a tavern or boarding house, and master or mistress of a dwelling house, on application of the assessor of the assessment district, or commanding officer of the company district within which their houses are situated, shall give imformation of the names of all persons residing or lodging in their houses liable to be entered upon the lists and rolls mentioned in the two preceding sections. If any person required to give information as aforesaid fail or refuse so to do, or knowingly give false information, he shall forfeit ten dollars for every such offense. Every male resident, on application as aforesaid, shall report himself correctly for listing or enrollment; and if he fail or refuse to do so, shall forfeit ten dollars. 8. Where there is a question as to the age or right to exemption of any person so listed, the burden of proof shall be upon him. But such person may appeal to the regimental court, and he shall be enrolled or not, as such court shall determine.

9. The regimental court shall annually examine the said lists, and if necessary, correct the same, so that the said corrected lists may show the exact number of persons in each district "exempt from all

duty," the persons "exempt from ordinary duties," and of all other persons, except those serving in volunteer companies, liable to duty in the line.

10. Every commandant of a company of the line shall annually make out, from the corrected lists mentioned in the preceding section, a roll of every person resident within his company district liable to militia duty, whether exempt or not, designating in said roll those who are "exempt from all duty," and those who are exempt from ordinary duties," and furnish his lieutenants a copy thereof.

11. Whenever any company of the line shall be without a commissioned officer, the commandant of the regiment shall order his adjutant, or some other officer of the line, to enroll such company, and return a muster roll thereof to the regimental court, which shall be preserved by the clerk of said court and be subject to the orders of the commandant of the regiment. Such adjutant or officer shall also notify and muster the company. These duties shall be performed so long as the company may continue without a commissioned officer.

CHAPTER XX.

OF THE ORGANIZATION OF THE MILITIA INTO DIVISIONS, BRIGADES, REGIMENTS, BATTALIONS AND COMPANIES.

GENERAL ORGANIZATION.

1. The militia shall be organized into divisions, brigades, regiments, battalions, and companies. There shall be two divisions and eight brigades.

DIVISIONS AND BRIGADES.

2. The first division shall be composed of the first, second, third, and fourth brigades, to-wit: Hancock, Brooke, Ohio and Marshall shall be the first brigade; Tyler, Wood, Ritchie, Pleasants, Doddridge, Wirt and Wetzel the second; Monongalia, Marion, Harrison, Taylor and Preston the third; and Morgan, Berkeley, Jefferson, Hampshire, Hardy, Pendleton, Webster, Randolph, Grant, Mineral and Tucker the fourth.

3. (Acts 1882, p. 186.) The second division shall be composed of the fifth, sixth, seventh and eighth brigades, to-wit: Lewis, Upshur, Gilmer, Calhoun, Braxton and Barbour shall compose the fifth brigade; Monroe, Greenbrier, Pocahontas, Fayette, Summers, Clay and Nicholas the sixth; Kanawha, Mason, Cabell, Lincoln, Wayne, Jackson, Roane and Putnam the seventh; and Logan, Boone, Wyoming, McDowell, Mercer and Raleigh the eighth.

4. The cavalry and artillery in each division, not belonging to any volunteer battalion or regiment, shall compose one regiment of cavalry and one regiment of artillery, to be denominated the first and second regiments of cavalry or artillery, as the case may be.