with a flint lock and two spare flints, or musket with a percussion lock and a box containing not less than twenty-five percussion caps, with a steel or iron ramrod and suitable bayonet, and equipped with a priming wire and brush, bayonet, scabbard and belt, a cartridge box that will contain twenty-four cartridges suited to the bore of his musket, a knapsack and canteen.

SEC. 5. Officers and privates of cavalry shall be armed with a sabre and pair of pistols, and shall severally furnish themselves with a good horse at least fourteen and a half hands high, a good saddle and bridle, mail-pillion and valise, holsters with bearskin caps, a cartridge box to contain twelve cartridges, boots and spurs. SEC. 6. Non-commissioned officers and privates of any company of riflemen shall be armed with a good rifle, and equipped with a powder flask and bullet pouch, knapsack and canteen.

SEC. 7. Non-commissioned officers and privates of artillery shall be armed with swords and equipped with a knapsack and

canteen.

SEC. 8. Every officer, non-commissioned officer and private shall constantly keep himself furnished with the arms and equipments required by law, except such private of infantry as shall not be able to provide himself.

SEC. 9. Minors liable to do military duty, shall be furnished with such arms and equipments by their parents, masters or guardians, unless they are unable to furnish the same.

SEC. 10. No person shall be deemed unable to provide the arms and equipments aforesaid for himself or any minor under his care, unless he shall in the month of April annually produce to the captain a certificate of such inability, from the selectmen of the town where such minor or person liable to do military duty resides.

SEC. 11. Such selectmen shall forthwith provide at the expense of their towns, the arms and equipments aforesaid, for every such minor or private to whom they may grant such certificate, and shall permit the captain to deliver the same to such private or minor, whenever his company shall be ordered out for military duty; and such captain shall be responsible for the safe return of such arms and equipments to the place of deposit provided by such selectmen.

SEC. 12. Every officer, non-commissioned officer and private shall hold his uniform, arms and equipments exempted from attachment and execution and from distress from taxes.

SECTION 1. One piece of ordnance with carriage, harness and apparatus complete will be allowed to each company of artillery, and every such company having two pieces of ordnance, shall be allowed additional harnesses and apparatus at the expense of the State.

SEC. 2. The captain shall have the entire care and control of the same and shall be responsible for any injury which may arise to the same from his neglect.

SEC. 3. A sum not exceeding five dollars shall annually be allowed to the captain for repairs of such piece, carriage and harness on satisfactory evidence that it has been so expended.*

SEC. 4. The captain of each company of artillery shall cause a suitable building to be erected to secure the field piece belonging to the company, when necessary, and shall receive such allowance therefor not exceeding fifty dollars, as the legislature on presentment of his claim shall think reasonable.

SEC. 5. No such claim shall be allowed until a deed convey. ing the land on which the same is erected, to the State in fee, shall have been filed in the office of the secretary of state, nor until the field officers shall have certified their approval of its location and construction.

SEC. 6. Any gun house may be removed, whenever the field officers shall approve the same, a like deed of the land to which it is to be removed, being first filed in the secretary's office as aforesaid.

SEC. 7. No person shall remove any piece of ordnance from the gun house or other place where it is deposited, nor any carriage, harness or apparatus belonging thereto, for any purpose whatever, without the written permission of the captain of the company to which it belongs.

* A portion of Sec. 3 of chapter 85 of the Revised Statutes has been omitted. The act of 1851, chapter 1090, seems to require this omission.

SEC. 8. If any person shall remove or use any such piece of ordnance, carriage, harness or apparatus without such permission, he shall forfeit a sum not less than five dollars nor more than twenty dollars, and shall be liable to pay double damages for any injury which the same may sustain from any cause, until they shall be returned and notice thereof in writing given to such captain.

SEC. 9. If any person shall take or use any such piece of ordnance, carriage, harness or apparatus with the permission of the captain for any purpose except that of military exercise when the company shall be paraded, he shall be liable for all damages the sustain from any cause, until the same is returned and notice thereof given as aforesaid.

same may

SEC. 10. If any person shall break open or enter any gun house, or in any way injure the same or any public property therein, he shall forfeit a sum not less than five dollars nor more than twenty dollars, and shall be liable to pay double damages for any injury the same may sustain thereby, or in any manner in consequence thereof.

SEC. 11. The penalties and damages shall be recovered by the adjutant general in the name of the State, and applied to defray the expenses of keeping such public property in repair.

SECTION 1. After the first annual return of the militia under this act shall have been received by the adjutant general, he shall cause to be delivered to the several towns or cities in the State, not now supplied with the same, such arms as are now authorized by law to be delivered to uniform companies, in number or proportion corresponding to the volunteer force apportioned to the respective towns or cities by this act, said arms to be held in trust by the selectmen of such town or the city council of such city, for the use of the company or companies of volunteers, if there be

any within their respective limits; otherwise for the use of the militia other than volunteer, whenever the same shall be called in actual service; and any state arms now in the possession of any uniformed company shall likewise be held in trust as aforesaid, the bonds now held by the State of the officers of such company or others being given up; and said town or city shall be held responsible to the State for the safe keeping of all arms so held in trust, and for their return whenever they shall be required; and it shall be the duty of said commanding officers of the above named companies, if required by said selectmen of such towns or the city council of such cities, to give good and sufficient bonds for the safe keeping and for their return, whenever they shall be required by said selectmen or city council. (Laws of 1850, chap. 954, sec. 8.) SEC. 2. All towns in the county of Coös and also in the county of Grafton, when the adjutant general shall so order, shall receive arms from and return the same to the arsenal at Lancaster. All other companies shall receive arms from and return the same to the arsenal at Portsmouth. (R. S., sec. 7.)

SEC. 3. The commander in chief, with advice and consent of the council, is authorized from time to time to cause to be sold, and the proceeds thereof to be paid into the treasury, or exchange such military stores or property belonging to the State as may be found unserviceable or in a state of decay, or which, in the opinion of the commander in chief and council, it may be for the interest of the State should be disposed of. (Laws of 1847, chap. 484, sec. 12.)

SEC. 4. Whenever any military stores or property belonging to the State shall be destroyed by fire, or otherwise injured, the commander in chief, with advice and consent of the council, may from time to time settle and adjust the damages on account of the same, with the obligor of any bond or obligation for the safe keeping of the same, on such terms, or the payment of such sums into the treasury, as shall be by him, with advice and consent of the council, directed. (Laws of 1847, chap. 484, sec. 13.)

1. Active duty only required in case of 3. Volunteer companies first to be orderwar, &c.

2. Detachments, by whom ordered.

ed out.

4. Details, how made.

SECTION 1. The militia of this State shall be subject to no active duty, except in case of war, invasion, insurrection, riot, inability of the civil officers to enforce the execution of the laws, or other public danger or emergency. (Laws of 1851, chap. 1090, sec. 1.)

SEC. 2. In cases of actual or threatened invasion, insurrection or other public danger, the commander in chief may order the militia or part thereof to be detached; and in cases of emergency the officers commanding divisions, brigades or regiments, may order such detachments and appoint such military watches or guards in such places and under such regulations as they may judge necessary, until orders can be received from the commander in chief. (R. S., sec. 1.)

SEC. 3. In case of riot, insurrection, or other sudden emergency, the volunteer companies of the city or town where military force may be required to suppress such riot or insurrection, or meet such other emergency, shall first be ordered into said service; provided however, that the same duties shall be performed by the officers of companies, and by the selectmen of towns, and the city councils of cities, in relation to the enrolment, record and return of persons liable to be enrolled in the militia, as are now required by law. (Laws of 1851, chap. 1090, sec. 1.)

SEC. 4. Except in cases where entire regiments or companies may be detached, the officers shall be regularly detailed from the rosters and the privates drafted by lot from the company rolls; and in case any company shall not be organized, such draft shall be made by the colonel or some officer designated by him. (R. S., sec. 2.)

SEC. 5. If suitable officers or privates shall volunteer, their services may be accepted and details or drafts made for the residue only. (R. S., sec. 3.)

SEC. 6. If any person who shall have volunteered or been detailed or drafted, and notified and ordered to march, shall neglect or refuse to obey such orders, he shall be liable to the punishment of desertion, unless he shall within twenty-four hours after such notice furnish an able bodied man in his stead, or pay to the commanding officer of the company to which he belongs, the sum of fifty dollars, to be appropriated to the hire of men to complete the detachment. (R. S., sec. 4.)

SEC. 7. All persons detached for actual service shall be subject to the rules and articles provided by the laws of the United States for the government of the militia in the service of the United