actual capital stock of the bank at that time. The sums so paid shall constitute a fund to be called the literary fund, and shall be kept and accounted for by the treasurer. (R. S., chap. 75, sec. 1.) SEC. 2. The governor, secretary and treasurer of the State for the time being shall constitute a board of commissioners to manage said fund. (Sec. 2.)

SEC. 3. If any dispute shall arise respecting the amount of the capital stock of any bank, the same for the purposes of this chapter shall be determined by said commissioners. (Sec. 3.)

SEC. 4. The treasurer of this State shall assign and distribute in the month of June annually the literary fund among the several towns and places in this State, according to the number of scholars of such towns and places, not less than four years of age, who shall by the report of the superintending school committee of the several towns and places returned to the secretary of state for the year preceding, appear to have attended the district common schools in such towns and places for a time not less than two weeks within that year. (Laws of 1848, chap. 738.)

SEC. 5. No unincorporated place shall receive such portion until a treasurer or school agent shall have been chosen to receive and appropriate the same in the manner hereinafter directed. (R. S., chap. 75, sec. 5.)

SEC. 6. The money received by any town or place as aforesaid shall be applied to the maintenance of common schools or to other purposes of education, in addition to the sums required to be raised by law, and in such manner as the town shall direct. (Sec. 6.)

SEC. 7. If any town or incorporated place or the agent of any unincorporated place shall apply any sum of money so received to any other purpose than as aforesaid, the town, place or agent so offending shall forfeit and pay double the sum so misapplied, to be recovered by indictment for the use of the county. (Sec. 7.)

SEC. 8. The treasurer of the State shall now distribute the literary fund assigned to the unincorporated places in the county of Coos, among the several towns in said county as now provided by law, and in the month of June annually hereafter, for the use of common schools, except what belongs to the Second College Grant and Wentworth's Location, which shall be paid to the prudential committee or agent of said Second College Grant or Wentworth's Location, when duly authorized by the inhabitants therein, which shall be applied to the maintenance of common schools. (Laws of 1850, chap. 982.)

CHAPTER 95.

CHAPTER 96.
CHAPTER 97.

CHAPTER 98.

CHAPTER 100.

CHAPTER 94. Of detachments for actual service.

Of regiments, brigades and divisions.
Of officers.

Of the adjutant general.

CHAPTER 99. Of courts martial.

Of courts of inquiry.

CHAPTER 101. Of the incorporation of military companies.

Of the commissary general.

SECTION 1. The following persons are exempted from military duty: the vice president of the United States; the officers judicial and executive of the government of the United States; members and officers of both houses of congress; all custom house officers and their clerks; all post officers and stage drivers who are employed in the care and conveyance of the mail of the United States; all ferrymen necessarily employed at any ferry on any post road; all inspectors of exports; all pilots; all mariners actu

ally employed in the sea service of any citizen or merchant within the United States; the members and officers of the legislature while in session; all persons who, having held commissions in the army or navy of the United States or in the militia of any state for the term of four years, shall have been regularly discharged or superseded; all persons who, having held a warrant as drum or fife major, shall have done duty as such for the term of four years; fire enginemen or hosemen who shall on or before the twentieth day of April annually produce to the commanding officer of the company within whose limits they reside, a certificate of the fireward that they have been legally appointed and are bound to perform the duty of enginemen or hosemen; all persons while employed as officers or keepers in the state prison; clergymen of every religious denomination; every person of the religious denominations of Quakers and Shakers, who shall on or before the twentieth day of April annually produce to the commanding officer of the company within whose limits he shall reside, a certificate signed by two or more of the elders or overseers and the clerk of the meeting or society with which he meets for worship, in substance as follows:

We, the subscribers, elders (or overseers as the case may be) of the meeting of the society of do hereby certify that frequently and usually attends with said society for public worship, is a regular member thereof, and we believe he is conscientiously scrupulous of bearing arms.

E. F., Clerk.

A. B.

Elders (or C. D. Overseers.)

And any person who shall produce a certificate from the clerk of any society or meeting of the people called Friends, that he is a member of such society or meeting in good standing, shall not be liable to enrolment. (R. S., sec. 1; amended by laws of 1845, chap. 259, and laws of 1851, chap. 1090, sec. 1.)

SEC. 2. The following persons are conditionally exempted from military duty, namely: the members of the executive council; judges and clerks of all courts of record; judges and registers of probate; registers of deeds; the attorney general; the secretary and treasurer of the State; physicians and surgeons on whom has been conferred the degree of doctor of medicine, or who shall be recommended by any regular medical society; persons who having held a commission in the army or navy of the United States or in the militia of any state for a less term than four years, shall have been regularly discharged; the attendants upon the insane, employed in the New Hampshire Asylum for the Insane; provided, that each of the foregoing persons shall annually pay into the town treasury of the town in which he resides, the sum of two dollars, and on or before the twentieth day of April in each year produce to the commanding officer of the company within whose limits he may reside, a certificate of such payment signed by the

town treasurer or selectmen receiving payment, which he is hereby required to give; every person conscientiously scrupulous of bearing arms, who shall annually pay into the treasury of the town or place where he may reside the sum of three dollars, and shall on or before the twentieth day of April in each year produce to the commanding officer of the company within whose limits he may reside, a certificate of such payment signed by the treasurer or selectman receiving the same, which they are hereby required to give. (R. S., sec. 2, as amended by laws of 1843, chap. 34, sec. 2.) SEC. 3. All money received by the selectmen or town treasurer from conditional exempts, shall be retained by them for the use of the town. (R. S., sec. 3.)

SECTION 1. Every free, able bodied white male citizen of this State, resident therein, of the age of eighteen years and under the age of forty-five years, not now by law exempt from doing military duty, shall be enrolled in the company within whose limits he may reside, or into which he may have enlisted. (R. S., sec. 1, amended by laws of 1850, chap. 954, sec. 1.)

SEC. 2. Residence in any town merely for the purpose of obtaining an education at any literary institution, shall not subject the person so residing to do military duty in such town.

SEC. 3. Every captain of infantry shall enrol every person by law liable to do military duty, who shall reside within the bounds of his company: the insertion of the name of such person in any company orders or its annexation thereto shall in all cases be evidence that such person is duly enrolled.

SEC. 4. The captain shall annually revise the roll of his com pany in the month of April, and correct the same from time to time as the alterations in his company shall require.

SEC. 5. The orderly sergeant shall assist the commanding officer in enrolling such persons as may from time to time be liable to do military duty in his company, and in revising and correcting his roll, and shall enter such enrolments on the roll books of the company.

SEC. 6. If any person when applied to by the captain or any officer of the company within whose limits he resides, shall neglect or refuse to give information or shall give false answers in relation to his name or age with intent to prevent his being enrolled, he shall forfeit five dollars for each offence. If such person be a minor, his parent or guardian shall be liable for such forfeiture.

SEC. 7. If any person when applied to by any officer of the company within whose limits he resides, shall neglect or refuse to give information or shall give any false information, in relation to the name of any person liable to be enrolled residing in his house or family, he shall forfeit the sum of five dollars.

SEC. 8. If any company not raised by voluntary enlistment shall be without officers, and suitable persons shall not be found by the field officers of the regiment willing to accept the commissions, the selectmen of the town, or the city council of the city in which such company shall belong, shall make the enrolment, record and return now provided to be made by the commanding officer of said company. (Laws of 1850, chap. 954, sec. 2.)

SEC. 9. If the selectmen of any town or the city council of any city shall neglect or refuse to perform any duty imposed upon them by the preceding section, every selectman and every member of the city council so neglecting or refusing shall forfeit the sum of twenty dollars for each and every offence, to be recovered by the adjutant general or any other person suing therefor, one half to the use of the person who may sue for the same, the other half to the use of the State. (Laws of 1850, chap. 954, sec. 3.)

SEC. 10. The commanding officer and the clerk of each company other than volunteer shall, for the due performance of their duty in making the enrolment and return, receive from the treasury of the town or city to which each company shall belong, the sum of one dollar per day each, for each day necessarily occupied by them in doing said duty. (Laws of 1850, chap. 954, sec. 4.)