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tice to the

war.

regiments accordingly, giving written notice thereof to the Giving nosecretary of state within five days thereafter.

secretary Sec. 20. And be it further enacted, That whenever the

Militia, military force of this State or any part thereof shall be when subcalled into actual service, it shall be subject to the arti- ject to ar

ticles of cles of war prescribed by congress for the government of the troops of the United States.

Sec. 21. And be it further enacted, That in addition to the Purveyorofficers to be appointed pursuant to the several acts of con-general gress, there shall be appointed for the militia of this State, missaryone director and purveyor-general of the military hospital, be and one commissary-general with the power of substitu- appointed. tion as occasion may require, who, together with the adjutant-general, shall each have the rank of colonel, and shall be commissioned accordingly.

Sec. 22. And be it further enacted, That all resignations Resignashall be in writing, and shall be approved of and certified tions. as follows: the resignation of the major-general shall be made to and approved of by the commander in chief; the resignation of a brigadier-general shall be approved of by the major-general; the resignation of a field officer shall be approved of by the brigadier-general of the brigade to which such field officer belongs; and the resignation of a captain or subaltern officer shall be approved of by the commanding officer of the regiment to which such captain or subaltern shall belong : and the major-general, brigadier-general, or commanding officer of a regiment, who shall approve of any resignation as aforesaid, shali certify the same to the commander in chief, who shall have power to allow or disallow thereof at his discretion ; and no officer shall be considered as having resigned his commission unless the same shall have been approved of and certified as aforesaid, and allowed of by the commander in chief.

Sec. 23. And be it further enacted, That the militia of Militia of New-Shoreham and Jamestown shall not be obliged to rendezvous in battalion or regiment, but in company only, &c. to renin their respective towns, on the same day that the

reglment to which they severally belong shall meet by regi-nies. ment.

Sec. 24. And be it further enacted, That whenever it Warrant shall happen that any surveyor of the highways shall have and work warned the men of his district to work on the highways, on highon the same day that is or shall be assigned for training, day.

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pursuant to this act, the said warning to work shall be

considered as superseded. Brigadier- Sec. 25. And be it further enacted, That the brigadiergeneral

generals of this State be and they are hereby authoripoint one zed respectively to appoint one aide, with the rank of

captain. Chartered Sec. 26. And be it further enacted, That the commandcompanies ing officer of every chartered company which is attached

to any regiment or brigade, shall make an annual return of the same to the commandant of the regiment to which the same is attached, in the same manner as is required of the commanding officers of other militia companies : and the commanding officer of every chartered company which is not attached to any regiment or brigade, shall make return of the same to the adjutant-general of this

State, on or before the first day of November annually: Officers of, and all officers of chartered companies which are attachentitled to ed to regiments, and are under the command of the promotion

field officers of such regiments, shall be entitled to promotion in such regiments, in the same manner as other officers therein of the same grades.

Sec. 27. And be it further enacted, That every militia oftake their ficer appointed by the general assembly, who shall not

within thirty days after his appointment take his engagement on his commission, and equip himself according to law, shall be considered as having declined said appointment, and thereupon his commission shall become null

and void, and said office vacant. Penalty

Sec. 28. And be it further enacted, That every non-comfor firing missioned officer or private, whether of chartered or training

other companies, who shall on training day, without the day. consent of the commanding officer of the regiment or

company to which he belongs, discharge any gun or pistol within the limits of the regiment to which he belongs, shall forfeit and pay as a fine, a sum not less than one dollar nor more than six dollars for every such offence; to be recovered by complaint before any one or more of the justices of the town wherein such offence shall be committed, to and for the use of the town.

Sec. 29. And be it further enacted, That such of the men to do militia of this State as may be hereafter drafted and decalled into tached, under any requisition made by the authority of actual ser- the United States, shall be required to do military duty

in the same manner as though they had not been drafted

engagements.

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and detached, until they shall be called into actual service.

Sec. 30. And be it further enacted, That his excellency Governor the governor be and he is hereby empowered to call out may ca.

out militia the militia, or any part thereof, or of the officers thereof, when he including independent companies and their officers, for pleases. inspection and exercise, as often as in his opinion it shall be necessary: and that the fines on delinquents for non- Penalty on appearance, and want of equipments, shall be the same quents. sums, and collected in the same manner, as fines for nonappearance and want of equipment at regimental trainings, as herein established.

Sec. 31. And be it further enacted, That if any action General at law shall be brought against the commanding officer bal

be pleadof any company of militia in this State, or any justice of ed. the peace or warden, sheriff, deputy-sheriff, town-sergeant or constable, for any matter or thing done under this act, the defendant or defendants may plead the general issue, and give all special matter in evidence under the same.

Sec. 32. And be it further enacted, That it shall be the Chartered duty of each and every commanding officer of each and compa every chartered independent military company within return of this State, to make return of the officers elected by said

bid officers, to

u by said the govercompanies respectively, at the first session of the general nor, &c. assembly which shall be holden after the election of such officers, in order that they may be respectively approved according to law: that together with such returns, And the said commanding officers shall severally return the equip

ments, &c. names and equipments of all the men belonging to their respective companies, at the time of electing their officers thus returned. Sec. 33. And be it further enacted, That if the com- Penalty

honi for not manding officer of any chartered company as aforesaid shall omit to make return as aforesaid, or if it shall ap- such repear by the return made, that the number of men com-tui posing such company, including officers, shall be less than forty, the said officers thus returned shall not be approved, nor commissioned, but the charter of such company shall be deemed and taken to be void and annulled, and the men composing the same shall be enrolled, and be liable to do military duty, in the companies of militia in the districts wherein they respectively live, unless otherwise exempted by law.

Neglecting Sec. 34. And be it further enacted, That if any chartranquip of tered company as aforesaid shall not, within six months charter after the

after the passing of this act, be equipped and uniformed forfeited.

according to the provisions of the charter of such companý, or shall at any time hereafter neglect to meet, train and exercise, according to the provisions of such charter, on proof of such neglect the officers of such company thereafter returned as aforesaid shall not be approved, but the charter of such company shall cease, and the men composing the same be liable to do military duty as

aforesaid. Quarter- Sec. 35. And be it further enacted, That there shall be general

, annually appointed for the militia one quarter master

general, with the rank of colonel; to each division one division inspector, with the rank of lieutenant-colonel; and one division quarter master, with the rank of major; and to each brigade one quarter master of brigade, with

the rank of captain. Colonel, Sec. 36. And be it further enacted, That hereafter there

shall be appointed to each regiment of militia, consisting of two battalions, one colonel, one lieutenant-colonel, one major and one chaplain ; and when there shall be only one

battalion, it shall be commanded by a major. Regula

Sec. 37. And be it further enacted, That for the purpose

of preserving order on the day of parade, the militia shall day.

be considered as under arms from the rising to the setting of the sun, unless otherwise ordered by the commander in chief or their superior officers, and shall be exempt

ed from arrest on civil process during that time; and the et commanding officer of any battalion or company may put

under guard any spectator or bystander who shall abuse, molest or strike any one when on parade or under arms, and every person who shall encroach on the bounds of the parade ground.

Sec. 38. And be it further enacted, That if any person to sell rum or persons shall sell or distribute rum, wine or strong mile of pa- liquors, in the public highways and streets, or in the open

or enclosed fields, in tents or in carts, or in any vehicle whatever, within one mile of said parade ground, such person or persons shall forfeit and pay as a fine the sum of twenty dollars; and it shall be the duty of the commanding officer of the battalion or company, as the case may be, to inform and sue for the same; and such officer for neglect to perform the duty hereby required shall for

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seit and pay the same sum, and moreover shall be arrested and cashiered by sentence of court-martial.

Sec. 39. And be it further enacted, That if any commis- Officers sioned or non-commissioned officer shall hereafter treat not to

treat their or distribute rum, wine or any strong liquor, to his men on men. any parade day, he shall forfeit and pay for each and every such offence the sum of twenty dollars, one half thereof to him or them who shall inform and sue for the same, before any one or more justices of the peace in the town or county where said offence is committed, and the other half to and for the use of the State ; and such officer or officers shall forthwith be put under arrest and tried by a court-martial, and if convicted shall be reduced to the ranks.

1798, 1814, '22,

An act to reform the Penal Laws., Section 1. Be it enacted by the General Assembly, and by the Murder. authority thereof it is enacted, That every person who shall be duly convicted of the crime of murder, his and her aiders, abettors and counsellors, shall suffer death.

Sec. 2. And be it further enacted, That every person con- Arson. victed of the crime of arson, or of being accessáry thereto before the fact, shall suffer death.

Sec. 3. And be it further enacted, That every person who Rape. shall be convicted of the crime of rape, or of being accessary thereto before the fact, shall suffer death.

Sec. 4. And be it further enacted, That every person who Robbery shall be convicted of robbery or burglary, or of being ac- and burg

. cessary to said crimes, or either of them, before the fact, shall suffer death.

Sec. 5. And be it further enacted, That every person liable Petit treato be prosecuted for petit treason shall be indicted, proceeded against, and if convicted, punished with death.

Sec. 6. And be it further enacted, That every person who Sodomy. shall be convicted of sodomy, or of being accessary thereto before the fact, shall for the first offence be carried to the gallows in a cart, and set thereon for a space of time not exceeding four hours, and thence to the common jail, there to be confined for a term not exceeding three years, and be fined not exceeding one thousand dollars; and for the second offence shall suffer death, · Sec. 7. And be it further enacted, That if any person shall Forgery of falsely make, forge or counterfeit any note, certificate or

son.

notes, &c.

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