CHAPTER VIII. OF GOVERNOR'S GUARDS.* SECT. 91. The several companies of guards shall be filled from Enlistment. time to time by voluntary enlistments; but no enlistment shall be made from any company of active militia organized under this act. may order musi SECT. 92. The commanding officer of any company of guards Commandant may order the musicians of said company, or any part of them, to cians to assemble assemble for practice and instruction, at such places as he shall for practice. direct, and at such times, not exceeding, together with the number of days on which such musicians shall be called to do duty with their company, the whole number of days on which said company may, by law, be called out for company exercise; and if any musician shall neglect or refuse to obey such order, he shall be liable to the fines prescribed by law for non-attendance on days of ordinary company exercise; and such musician shall have the right to appeal allowed by law in other cases. Certificate of to be evi SECT. 93. The certificate of the commanding officer of any com- 1851. pany of guards, if made under oath, shall be evidence of any and commanding offiall forfeitures incurred by the members of such company; and if any cent of forfeit forfeiture incurred under the charter and by-laws of said company ure. shall not be paid within ten days after it shall have been incurred, the commanding officer of the company may collect the same, in an action of debt, in his own proper name; and shall have process of attachment, and execution against the body of the delinquent, to be proceeded with in all respects, as in actions of tort; and all such forfeitures, when recovered, shall be appropriated to the benefit of the company. officer may dis SECT. 94. The commanding officer of any company of guards Commanding may dismiss from his company every non-commissioned officer, mu- miss from guards. sician, and private, belonging thereto, who shall be guilty of gross neglect of duty, disobedience of orders, or unsoldier-like behavior; and the person, so dismissed, shall be liable to be enrolled in the same manner as if he had never enlisted into such company of guards; but if any such dismissed person shall be aggrieved by being dismissed as aforesaid, he may, within thirty days after receiving notice of his dismission, appeal to the commander-in-chief who Appeal. may examine into the matter, and annul or confirm such dismission. SECT. 95. Every officer, musician and private of any company of guards, who shall conform to the provisions of their charter, and Abatement of by-laws, shall have his taxes abated, not to exceed four dollars for each year he shall so comply with the same; and if he shall regularly perform military duty, in accordance with said charter and by-laws, for the period of five years, he shall be exempt from a poll tax, for the time being; and the commanding officer of either company shall grant a certificate to every non-commissioned officer, musician, and * The 91st, 92d, and 94th sections of this act were passed in 1803. taxes. 1851. 1862. Compensation private of his company, who shall have complied with the provisions of said charter, and such certificate shall be evidence of the same. SECT. 96. Each member of any company of guards, which shall pathe same as of rade annually in the month of May, or shall at any other time do the active militia active duty, by order of the commander-in-chief, and make return to the adjutant-general, shall receive for such duty the same per diem compensation and mileage, and the same sum for each horse used on parade, as is allowed to members of the active militia; which payment shall be made at the same time, and in the same manner as similar payments are required by this act to be made to other companies; and such company shall be provided with an ar mory in the same manner, and upon the same terms and conditions, as are provided in this act, for companies of active militia. List of guards to be reported. SECT. 97. The commanding officer of each company of guards shall, annually, in the month of November, report to the adjutantgeneral, a list of the officers, musicians, and privates, belonging to his company. CHAPTER IX. OF PROCEEDINGS IN CASE OF ALARM. 1862. Commander-in SECT. 98. The commander-in-chief, or, in his absence, the majorchief, or major- general, may, on an alarm, invasion, or notice of the appearance of general, may or an enemy, either by sea or land, order the whole, or any part of the tia, on an alarm, militia, to assemble, and may lead, order, or employ them for the der out the mili &c. assistance or relief of any of the inhabitants of the state attacked by an enemy, or in any danger of being attacked, and may issue and publish such orders as he shall judge expedient to carry into execution the intents of this act, and all subordinate officers shall yield entire obedience thereto, and the officers commanding brig ades, regiments and companies, shall have the same authority within their respective commands, but when either of them shall find it necessary to order out the force under his command, he shall forthwith dispatch intelligence of such order, and the occasion thereof, together with an account of his movements and operations, to the commander-in-chief, or to any of his superior officers, as he may deem most conducive to the public safety; and the officer receiving such intelligence shall observe the same line of conduct, in order that the information may, in the most expeditious way, come to the commander-in-chief; and when any company, regiment, brigade or division of the militia of this state shall be ordered into service by Penalty for non- the proper officer, on any alarm, each non-commissioned officer, muappearance at sician and private, who neglects to appear at the place of rendezvous, in person or by substitute, and join the company to which he belongs, shall be taken to be a soldier absent without leave, and shall be dealt with accordingly; and each non-commissioned officer, musician and private, shall have the same notice, when ordered into service by company, regiment, brigade or division, as is provided in this chapter for those who are called out by detachments. place of rendez vous. return of persons SECT. 99. The commanding officer of each company shall, im- Commanding mediately after a detachment, company, regiment, brigade, or di- officer to make vision, shall be ordered to rendezvous for service at any particular incurring penaltime and place, make return of the names and places of abode of tics. all the persons under his command, who shall have incurred any of the penalties provided in the preceding section of this act, to the brigade-major of the brigade to which they respectively belong; and the brigade-major, within twenty days from the time of his receiving said return, shall make a like return to the state attorney for the county in which such person or persons may reside. termine actions SECT. 100. The superior court may hear and determine all actions superior court for any violations of the provisions of this chapter; and the state may hear and deattorneys, in the several counties, may prosecute the same, by action under this chapof debt, in the name of the state treasurer, or by information in behalf of the state; and when said fines and forfeitures are received, they shall be paid into the state treasury. ter. SECT. 101. Every sergeant, corporal, musician, and private of the Substitutes. militia, who shall be detailed or detached to perform a tour of military duty, under the authority of this state, or of the United States, may procure a substitute of equal grade with himself, to be approved and accepted by the senior officer in command at the place of rendezvous, who shall be the only proper officer to approve and accept substitutes and to determine their qualifications; and such officer shall not accept a substitute, unless he is completely equipped and in uniform, according to law; and such substitute, when accepted and voluntarily enrolled, shall be subject to the laws of this state, for forming and conducting the military force, while in actual service. tachment. SECT. 102. The commanding officer of the company, from which Notice for deany detachment is made, shall give immediate notice thereof to the person or persons detached, which notice shall be in writing, signed by such officer, and shall be read in the hearing of the person detached, or an attested copy of it shall be left at his usual place of abode, by one of the sergeants of said company; and whenever any sergeant, corporal, musician, or private, detached and notified as aforesaid, shall refuse or neglect to appear in person, or by substitute, Penalty for negapproved as aforesaid, at the time and place appointed for the rendez-lect to appear. vous of such detachment, he shall be taken to be a soldier absent without leave, and shall be dealt with accordingly. made for wound SECT. 103. Any officer or soldier wounded or disabled, and the Provision to be widow and children of any officer or soldier killed while in the ser- ed soldiers, &c. vice of this state, shall be suitably provided for by the legislature. tachment, may SECT. 104. If any person holding a commission in the militia of Vacancies in dethis state, and detached to hold himself in readiness for service, by be filled by comvirtue of any law of the United States, shall, during the period for mander-in-chief.. which the detachment shall be made, die, be disabled, promoted, or discharged from such detachment, the commander-in-chief of the militia may cause some other proper officer of the militia to be detached to serve in his stead. CHAPTER X. OF COURTS MARTIAL. Courts-martial, SECT. 105. General, field, commissioned and staff officers, shall, how constituted. for disobedience of orders, unofficer-like conduct while on duty, or during any day appropriated for military exercise or parade, and for the neglect of any duty imposed upon them as officers of the militia, be subject to trial by general court-martial, according to the usage and practice of war; which court-martial shall consist of not less than five nor more than seven members; and the senior officer, who shall always be of a rank superior to the officer on trial, shall preside. A court-martial, for the trial of an officer under the grade of a field officer, shall be appointed by the commanding officer of the brigade to which he belongs; for the trial of an officer of the grade of a field officer, by the commanding officer of the division; for the trial of a general officer, by the commander-in-chief; and in every court-martial there shall be a judge-advocate, who shall discharge the duties of that office according to the usage and practice of courts-martial; and no other person shall be admitted to prosecute or defend the arrested officer. Order for courtmartial. SECT. 106. Whenever a court-martial shall be ordered, the order shall designate the time and place of holding the same, the name of the officer to preside, and the number and rank of other officers of which the court is to be composed; and if the court shall be ordered by the commander-in-chief, the order shall be signed by the commander in-chief, or by the adjutant-general, and shall be of the tenor following, to wit: "STATE OF CONNECTICUT, Ss. GENERAL ORDERS. Form of order for general courtmartial A general court-martial is ordered to assemble at day of on for the trial of such person or per members, to the If the court shall be ordered by the major-general, the order shall be signed by the major-general, or by a division inspector, by order of the major general, and shall be of the following tenor, to wit: "STATE OF CONNECTICUT, SS. DIVISION ORDERS. For division court-martial. A general court-martial of the division will assemble at on the day of for the trial of such person or per members, colonels, and will preside. The sons as may be brought before it, to consist of regiment will furnish an orderly-sergeant to attend and execute the orders of the court." If the court shall be ordered by a brigadier-general, the order shall be signed by the brigadier-general, or by the brigade-major by his order, and shall be of the following tenor, to wit: "STATE OF CONNECTICUT, Ss. BRIGADE ORDERS, FOR THE day of BRIGADE OF MILITIA. A general court-martial of said brigade will assemble at on the for the trial of such person or persons as may be brought before it, to consist of wit: onel colonels, majors, and will preside. The adjutant of the members, to captains. Colregiment will furnish an orderly-sergeant to attend and execute the orders of the court." For brigade court-martial. martial are to be SECT. 107. For a general court-martial, the adjutant-general shall By whom courtsdetail and notify the general officers, and apportion the number of detailed and noother officers required to each brigade, and give notice thereof to tified. the division-inspector, or brigade-inspector, who shall detail and notify said officers, and make return to the adjutant-general's office. In a division court-martial, the division-inspector, or any aid-de-camp under the direction of a major-general ordering said court, shall detail and notify the general officer, and apportion the other officers to each brigade, and give notice thereof to the respective brigade-inspectors, who shall detail and notify the field officers of their brigade that they are detailed, and make return thereof to the office of the major-general ordering said court; and for a brigade court-martial, the brigade-inspector shall detail and notify the officers required to serve on such court. tried, shall be &c. SECT. 108. If the officer to be tried shall be a general officer, he Officer to be shall be furnished with a copy of the order for said court, and a copy furnished with of the charges in arrest, by the adjutant-general, or by a division or copies of charges, brigade-inspector, as the commander-in-chief shall direct, thirty days before the sitting of said court, inclusive; and the officer furnishing such copy shall make return thereof, with the names of the officers composing the court, to the judge-advocate of the court; and if he shall be of, or under the rank of field officer, he shall be furnished with like copies twenty days before the sitting of the court, inclusive, by a brigade-inspector, or adjutant of the regiment to which the arrested officer belongs, as the officer ordering the court shall direct, who shall return the same, and the names of the officers composing the court, to the judge-advocate of the court. summoned. SECT. 109. The judge advocate shall summon, or cause to be sum- Witnesses, how moned, such witnesses on the part of the state, as may be necessary, by subpoena, signed by the officer ordering the court, or by the president thereof, or by the judge-advocate; and the accused shall be entitled to the like process, to enable him to procure the attendance of witnesses, which process may be served by the judge-advocate, or by any disinterested person deputed by him; and on trial before |