TITLE XLI. AN ACT CONCERNING MAINTENANCE. Be it enacted by the Senate and House of Representatives, in General Assembly convened: 1848. maintenance. That every attorney, sheriff, deputy-sheriff, or constable, who shall, with intent to make gain by the fees of collection, directly or in- Fortune for directly, purchase any chose in action, and commence a suit upon the same, shall forfeit a sum not exceeding one hundred dollars, onehalf to him who shall prosecute to effect, and the other half to the treasury of the county. TITLE XLII. AN ACT FOR FORMING AND CONDUCTING THE CHAPTER I. OF LIABILITY AND EXEMPTION. Be it enacted by the Senate and House of Representatives, in General Assembly convened: SECTION 1. All able-bodied white male citizens, between the ages of eighteen and forty-five years, residing in this state, and not exempted by the laws of the United States, shall belong to the inactive militia, excepting judges of the supreme court of errors, and of the superior court, the state treasurer, secretary, comptroller, and commissioner of the school fund, the superintendent of common schools, 1862. 1865. Who are liable, and who exempt. 1862. the militia. of the Retreat for the Insane, and of each of the public hospitals, teachers in the American Asylum for the Deaf and Dumb, the sheriff's of the several counties in this state, the warden, and deputy-warden, of the state prison, keepers of light-houses, members of the active milita, all persons faithfully serving the full term of enlistment for five years in the active militia, every person who has honorably served at least two years in the war of the rebellion, and fishermen in sea service, belonging to smacks, licensed under the revenue laws of the United States. SECT. 2. All white male citizens, residing in this state, between Enrollment of the ages of eighteen and forty-five years, including those who are exempt by the provisions of this act, shall be enrolled, alphabeti cally, between the tenth day of September and the first day of December, annually, by the selectmen of the town in which they shall respectively reside, in a book to be kept for that purpose in the office of the town clerk of such town; and the selectmen shall strike from such roll the name of each person who is not able-bodied, or is exempt from enrollment under the provisions of this act, by drawing a red line across such name, but leaving it still legible, and shall specify in the margin of such roll, and upon the same line with such name, the reason of the disability or exemption of the person whose Who shall consti- name is so stricken off; and the persons, whose names shall remain such rolls, shall constitute the inactive militia, and shall not be subject to active duty, unless they shall become members of the active militia as hereinafter provided, except in case of war, invasion, for the prevention of invasion, rebellion, and insurrection, or when there may be reasonable apprehension thereof. The selectmen shall sign said rolls, when completed, and shall, on or before the fifth day of December, annually, make a certified report to the adjutantgeneral of the number of persons, whose names shall have been enrolled, and of the number of persons who are liable to be taxed under the provisions of this act; and the adjutant-general shall return the same to the state treasurer. tute the inactive militia. Who may be struck from the roll as not ablebodied. Parents, &c., to upon SECT. 3. The name of no person shall be stricken from such roll as not able-bodied, unless he may be either blind, a deaf mute, insane, imbecile, wanting an arm or leg, or has such a deformity of one or both legs as to produce a disproportionate length of two inches or more; and any such name, which may be so stricken from such roll, may be restored thereto by the order of the surgeon-general. SECT. 4. All parents, guardians, tavern-keepers, or persons who give true ac- keep boarders, or who have men in their employment, upon being required by any one of the selectmen of the town in which they reside, shall give such selectman a true account of their sons or wards, or of the men boarding with them, or in their employment, and their names and ages, if the same are known; and any person, who shall neglect or refuse to give such account, shall forfeit the sum of twenty dollars to the town, to be recovered by action of debt in the name of the treasurer of the town; and every person, supposed to be liable to enrollment, who shall refuse to give information, or who 'shall give false information to any such selectman, respecting his name, age, or liability to enrollment, shall, in like manner, forfeit the sum of twenty-five dollars. Burden of proof on person whose age SECT. 5. When any doubt shall exist, respecting the age of any shall age is in doubt. person who shall be enrolled, the burden of proving his be upon him, and the enrolling officer or officers shall examine him, and any witnesses in his behalf, under oath, and shall administer to him or them the oath prescribed by law for witnesses; and any person, so examined, who shall be guilty of willful false swearing, shall suffer the punishment by law provided for perjury. 1862. 1864. 1865. Exempts to pay tax. SECT. 6. The selectmen of each town, at the time of making the rate bill for the collection of the annual town tax, shall insert therein an additional tax of two dollars upon each person who may be commutation enrolled in such town, except minors and members of the active militia, persons who have served the full term of five years in the active militia, from the sixth day of July, eighteen hundred and sixty-five, persons who have honorably served at least two years in the war of the rebellion, and such persons as are legally exempt by reason of their compliance with the provisions of any laws heretofore existing in this state, and upon each other able-bodied person between the ages of twenty-one and forty-five years, who may be exempt from such enrollment, which tax shall be in commutation of military duty, and shall be collected at the same time and in the same manner as is by law provided for the collection of town taxes, and when so collected shall be paid into the town treasury; and the treasurers of the respective towns shall pay to the treasurer of the state, on or before the twentieth day of February in each year, the amount of taxes due from all persons liable to pay taxes, under the provisions of this act, as ascertained and determined by the returns of the adjutant-general to the state treasurer; and the treasurer of the state shall have the same power to enforce the payment of such commutation tax, as he now has by law for the payment of state taxes. 1862. chief may call out SECT. 7. In case of war, or invasion, or for the prevention of invasion, rebellion, and insurrection, or when there may be reasonable Commander-inapprehension thereof, the commander-in-chief may order out for militia, when. active service, by draft or otherwise, as many of the militia as the necessity may demand; and, in apportioning the number to be furnished by each town, may consider the number of persons who shall What may, be have volunteered from such town, and the probable number of those considered in aswho will be exempted or rejected from disability, or other cause, towns. after they shall have been drafted, in such a manner that the apportionment of the draft shall be equitable among the several towns. signing quotas to credited. volun SECT. 8. When any person, who may be enrolled, shall have where enlisted into the service of this state, and shall have been turned teers shall be over into the service of the United States, he shall be credited to the town where he was last enrolled; if any person who shall be enrolled, and shall enlist, or be drafted, shall be claimed in more than one town, the commander-in-chief shall determine to which town he shall be credited, unless the selectmen of said towns shall agree thereon; and if any person shall enlist, who shall not be enrolled in any town, he shall be credited to the town where he may reside, at the time when the commander-in-chief may issue a call for volunteers, or an order for a draft, pursuant to any requisition of the president of the United States. SECT. 9. Whenever the commander-in-chief shall order out the Order for draft, inactive militia, the order for such purpose may be directed to the how made and by whom execuselectmen of any town, who shall thereupon amend the rolls of the ted. inactive militia, by adding thereto the names of persons who are subject to enrollment, and by striking therefrom the names of such persons as are exempted by the provisions of this act; and said selectmen shall appoint a time and place of parade for the inactive militia in such town, and shall order them to appear at such time and place, The selectmen required to secure the attend men at rendezvous. either orally, or by leaving written or printed notices with them, or at their usual places of abode, or by publishing a notice thereof in some newspaper, printed in the county in which said town is situated, or in an adjoining county, and by posting a like notice on the public sign-posts in said town; and the said selectmen shall then and there proceed to draft such number, by lot, from such militia, or to accept such number of volunteers, as the order of the commanderin-chief shall require, and shall return the names of such persons as shall have been drafted, or shall have voluntarily enlisted under said order, to the adjutant-general, and such drafted persons, or such volunteers, shall thereupon be subject to the order of the commanderin-chief; and if any selectman of any town shall neglect or refuse to comply with such order, the commander-in-chief may appoint some proper person to execute the same, at the expense of such town, who shall make return of his doings to the adjutant-general. SECT. 10. When the draft which may be ordered in their respective towns shall have been completed, the selectmen shall secure the ance of drafted attendance of the persons so drafted, at the time and place of rendezvous, which shall be appointed in the order of the commanderin-chief, and, if it shall be necessary, may take charge of such drafted persons, and may command the assistance of the constables of the town, or of any other person, for that purpose; and any person, who shall, when commanded by the selectmen, or by either of them, refuse to render such assistance, shall be punished by a fine of seven dollars, or by imprisonment in a common jail, not less than ten days, nor more than thirty days, or by such fine and imprisonment both. chief may order When any of the persons, so drafted from any town, shall fail to be a second draft to present at said time and place of rendezvous, the commander-insupply a deficienchief may, at any time, within three days thereafter, issue his order requiring another draft to be made in such town, to supply such deficiency. Commander-in cy. Penalty for fail ure to appear at rendezvous. Volunteers for a three months, who have served, future drafts. SECT. 11. Every person, who shall be ordered out from the inactive militia, for active service, who shall either voluntarily enlist, or shall be detached or drafted, and shall not appear at the time and place designated in the order of the commander-in-chief, after he shall have received notice therefor, 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 may be ordered, unless he shall be prevented by sickness, or other inability, or shall prove that he is exempt under the provisions of this act, or provide a proper and able-bodied substitute, at the time and place of such rendezvous. SECT. 12. No person, who has voluntary enlisted, or shall herelonger term than after voluntarily enlist, for a longer period than three months, and and drafted men has performed, or shall perform, military service for this state, under exempted from any call of the president of the United States, and no person, who has been, or shall be, drafted, and shall have performed such military service, either in person, or by substitute, shall be liable to be ordered into active service, until the whole number of the inactive militia in said town shall have voluntarily enlisted, or shall have been drafted. Persons once re-enrolled the SECT. 13. No person, who shall be drafted and excused on acdrafted not to be count of disability, shall be again enrolled, until the next annual enrollment in the town in which he may reside; and if, for any cause, there shall be a deficiency in the number of persons required to be drafted from any town, the selectmen of such town shall continue same year. to draft from the inactive militia, until the number of persons apportioned to such town shall have been obtained. SECT. 14. The commander-in-chief may appoint the necessary Post surgeons number of post surgeons and assistant post surgeons, to examine the and assistants, how appointed, persons who shall be drafted, and to decide upon their ability to per- and their duties. form military service, who may grant certificates of exemption, particularly specifying therein the cause of exemption, and 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 therefor by the United States; and if any one of such surgeons shall receive any other fee or reward for such services, or any gratuity therefor, or shall knowingly grant any certificate of exemption on account of a disability which does not exist, he shall pay a fine of five hundred dollars, for each (offense, or be imprisoned in a common jail for a term of six months, or suffer such fine and imprisonment both; and any certificate, so granted, may be revoked by the surgeon-general. out or volunteer ized, &c., by com SECT. 15. When the enrolled militia shall be ordered out for Militia ordered active service, or shall have voluntarily enlisted, and while they are ing for actual serin actual service, as specified in the ninth section of this act, they vice, to be organshall be organized by the commander-in-chief into companies, regi- mander-in-chief. ments, brigades, and divisions, which shall be numbered and recorded in the office of the adjutant-general, and shall be governed and disciplined according to the laws of this state and of the United States; and this state shall furnish arms and equipments for each. non-commissioned officer and private, and shall pay them while in the service of the state; and when the militia are in the field for such purposes, they shall be commanded by the senior officer present, until the commander-in-chief, or some other officer detailed by him, shall take command. selectmen to dis ties. SECT. 16. If any selectman of any town shall neglect or refuse Penalty for refuto perform any of the duties imposed upon him by the provisions of sal or neglect of this chapter, or shall knowingly strike from the roll the name of any charge their duperson subject to enrollment in such town, he shall forfeit the sum of five hundred dollars, for the use of the state; and the attorney for the state, in the county in which such selectman resides, shall commence suit against such selectman, for the recovery of such forfeiture, by an action on the case, brought upon this statute. CHAPTER II. OF THE ORGANIZATION OF THE MILITIA. 1864. SECT. 17. The active militia of this state shall be designated the 1862. Connecticut National Guard, and shall consist of such companies, Active militia, how composed, not exceeding sixty in number, and such regimental bands, as are its duties, &c. now organized under any law of this state, or which may hereafter be organized under the provisions of this act, and may first be ordered into service in case of war, invasion, for the prevention of invasion, the suppression of riots and rebellion, or when there may be |