TITLE 2. quency, and no commanding officer of a brigade, regiment or separate batallion, shall approve or accept any resignation unless the officer tendering the resignation shall furnish satisfactory evidence that he has delivered all monies in his hands as such officer, and all books and other property of the state in his possession to his next superior or inferior officer, or to the officer authorized by law to receive the same. Resigna tions. Ib. Ib. Removal from Laws of 1835, ch. 304. $38. The commanding officer of a brigade on accepting any resignation, shall forthwith communicate the same to the commandant of the regiment to which the officer resigning may belong; and if any such officer be a subaltern, he shall also communicate the same to the commandant of his company. $39. The commander-in-chief may accept the resignation of any officer, whose resignation the commanding officer of a brigade is not authorised to accept; and he may also accept the resignation of any officer, whose resignation the commanding officer of his brigade, shall have refused to accept. $ 40. On accepting the resignation of any officer, the commander-in-chief shall cause the necessary notices and orders to be given, for an election to fill the vacancy so created. S41. Every officer who shall remove out of the bounds of his command, (unless such command shall be in any of the command. cities of this state); and every officer who shall be absent bounds of Qualifica tion of members. Challenge. Oath to voter. from his command twelve months, without leave of the commanding officer of his brigade, shall be considered as having vacated his office; and a new election shall be held without delay, to fill the vacancy so created. Laws of 1824, 431, § 1. $ 42. No person shall be allowed to vote at any election for a commissioned or non-commissioned officer of a company, unless he is an actual resident in the bounds of such company where he shall offer to vote, and actually liable to do militia duty. Laws of 1835, ch. 304. S 43. If any person offering to vote at any election for a commissioned officer of a company, shall be challenged as unqualified by any person entitled to vote thereat, the presiding officer shall declare to the person so challenged the qualifications of an elector. Laws of 1835, ch. 304. S44. If he shall state himself to be duly qualified, and the challenge shall not be withdrawn, the presiding officer shall then tender him the following oath-"You do swear (or affirm) that you are an actual resident in the bounds of the company commanded by and that you are liable to do military duty." Laws of 1835, ch. 304. Officers $45. The commissioned officer who shall receive a commis- TITLE 3. sion for any subordinate officer, shall, within thirty days receiving thereafter, give notice thereof in writing by mail or otherwise sions. to the person entitled to it. Laws of 1835, ch. 304. commis TITLE III. OF THE ENROLMENT OF PERSONS SUBJECT TO MILITARY DUTY. SEC. 1. Commandants of companies to enrol persons subject to duty. 2. Notice to such persons to attend training, a legal notice of enrolment. 3. Persons enrolled to be provided with arms, &c. 4. Age and ability to bear arms, determined; appeal. 5. Persons claiming exemption, to produce certificate of surgeon. 6. Tavern-keepers, &c., to give account of their boarders. 7. Penalty for not giving account, or for giving a false one. 8. Commandants of companies may enrol musicians. 9. Privileges and liabilities of persons so enrolled. 10. After such enrolment, musician not to enlist in any other company. [292] $1. The commanding officer of each company of infantry Enrolment. shall, from time to time, enrol all persons within the limits of his company, who may be subject to military duty; and shall without delay, notify such persons of their enrolment. $2. Every notice or warning to a person so enrolled, to Ib. attend a company, battalion, or regimental muster or training, pursuant to the provisions of this Chapter, shall be deemed a legal notice of his enrolment. persons §3. Every person duly enrolled, shall be provided, within Duty of six months from and after he shall be duly notified of his enrolled. enrolment, with arms, accoutrements and ammunition, agreeably to the directions of the laws of the United States. ability. $4. The age and ability to bear arms, of every person so Age and enrolled, shall be determined by the commandant of such company, subject to an appeal to the commanding officer of the regiment; but the decision of neither of these officers, shall prevent a court-martial from determining, whether such person was properly enrolled. certificate. $5. Persons claiming to be exempted from enrolment, by Surgeon's reason of inability to bear arms, may produce the certificate of a surgeon, or surgeon's mate, as evidence of such inability; but such certificate shall not be conclusive, nor shall it be lawful for the person giving the same, to take any fee or reward therefor. tavern $ 6. All tavern-keepers, keepers of boarding houses, persons Duty of having boarders in their families, and house-keepers, upon keepers, their being thereto requested by the commanding officer of &c. the company within the beat of which they reside, shall give to such commanding officer, a true account of all persons lodging or boarding with them, and of their names, if known, to the end that such persons as are liable to do military duty, may be enrolled according to law. $ 7. If any person of whom such account is so demanded, г. shall refuse to give such account and names, or shall wilfully give a false account, he shall forfeit and pay ten dollars for every individual name that may be refused, omitted, concealed or falsely stated, to be recovered by the commanding officer of the regiment, for the use of his regiment. Laws of 1835, ch. 304. $ 8. Every commandant of a company, may enrol as musicians in his company, at least two, and not more than five persons residing in his beat, who are desirous to be so enrolled. $9. The persons so enrolled, shall perform the duty of musicians in such company, instead of serving as privates therein, and shall respectively be entitled to the same privileges and exemptions, as non-commissioned officers and privates, in uniform companies, and shall be subject to the same fines and penalties, for the non-performance of their duty, as non-commissioned officers are liable to, for absence from a parade. $10. No such musician after being enrolled, shall enlist into any other company, without the written consent of the commanding officer of the company, to which he belongs. TITLE IV. OF THE ORGANIZATION, UNIFORM AND DISCIPLINE OF THE ART. 1.Of the general organization of the militia, and their uniform and dis OF THE GENERAL ORGANIZATION OF THE MILITIA, AND THEIR UNIFORM SEC. 1. Militia organized according to laws of United States. 2. Subject to such laws, commander-in-chief may arrange militia. 3. He may transform cavalry to light artillery. 4. Commandants of brigades may alter regiments, &c., under their command. 5. Such alterations to be reported to commander in-chief. 6. Officers rendered supernumeraries by such alterations, not to lose their rank in line. 7. Supernumeraries to equip and attend parades, &c. 8. With the consent of commandant of brigade, troops of cavalry, &c., may be formed. 9. Before such consent, he shall be satisfied that they intend to serve. 10. Every troop, &c., that has not 40 privates, to be reported to commandant of brigade. 11. If 40 do not appear, proof to be required that that number belong to company, &c. 12 & 13. When such company is to be disbanded. 14. Riflemen not formed into battalions or regiments, considered part of infantry. 15. Regiments of riflemen, &c., not formed into brigades, considered part of infantry. 16. No one to leave uniform company without consent of commandant. 17. Commandants of uniform company to make return of the persons enlisted. 18. Contents and effect of return. 19. Whenever one is discharged from an uniform company, notice to be given. SEC. 20. Last three sections not to extend to New-York. 21. Persons under 21 years of age, not to join any uniform company, without consent, &c. 22. Uniform of the infantry. 23. Discipline to conform as near as may be to that of United States army. 24. Commander-in-chief to direct the guide for artillery. ART. 1. [294] General or $1. The organization of the militia, in divisions, brigades, regiments, battalions, squadrons, troops, and companies, shall ganization. be conformed to the provisions of the laws of the United States. $2. Subject to such laws, the commander-in-chief may b. arrange, alter, divide, annex and consolidate the divisions, brigades, regiments, battalions, squadrons, troops and companies, in such manner as, in his opinion, the proper organization of the same shall require. 3. The commander-in-chief may transform any part of Ib. the cavalry to light artillery, and when so transformed, they shall arm and equip as cavalry, and be liable to do duty as such, or as light artillery, as the commander-in-chief shall, from time to time, direct. brigadier. $ 4. The commanding officer of each brigade, with the Powers of approbation of the commanding officer of his division, may divide, annex, or alter the bounds of, the several regiments, or separate battalions under his command; and in all cases of alterations in the bounds of any regiment, that part containing the major part of the companies of any one regiment, shall retain its name, number and rank. The commanding officer of each squadron, regiment or separate battalion, with the approbation of the commanding officer of his brigade, may divide, annex or alter, the bounds of the several troops and companies under his command. $5. All such alterations shall be forthwith reported to the T. commander-in-chief, and remain in force until he shall otherwise direct. Laws of 1835, chap. 304. meraries. $6. Every officer rendered supernumerary by any consoli- Supernudation or alteration of regiments, separate battalions, squadrons, troops, or companies, shall be deemed to have resigned his commission, unless he shall give written notice of his intention to retain his rank in the line, to the commanding officer of the brigade to which he belonged, within thirty days after such consolidation or alteration, shall be published in general orders. $ 7. Supernumerary officers shall equip themselves, and Ib. those under the rank of colonel, shall attend the parades and drill trainings of the officers and non-commissioned officers. uniform $ 8. Whenever forty persons, subject to military duty, shall Troops and associate together for the purpose of forming a troop of cavalry, companies. or a company of riflemen, grenadiers, light infantry, artillery, or light artillery, and with the consent of the commanding officer of their brigade, shall apply to the commander-in-chief TITLE 4 Troops and uniform to be organized as such, the commander-in-chief may so organize them; and such persons as a majority of the applicants shall have designated in their application, shall be commissioned as the officers of such troop or company; but no artillery company shall be organized by the commander-inchief, unless the commissary-general shall have on hand a proper piece of artillery and its equipage, ready to be delivered to such company. $9. Every commanding officer of a brigade, before he shall companies. consent to any such application, shall require satisfactory [295] evidence, that the persons making the same, intend, in good faith, to serve, when organized; and that they are of sufficient ability to equip themselves according to law. reported. When to be S 10. Every troop of cavalry, and every company of artillery, light artillery, riflemen, light infantry, or grenadiers, which shall not, at any annual inspection and review, have at least forty privates mounted, or armed and equipped, as the law directs, shall be immediately reported by the inspector, or officer acting as such, to the commandant of the brigade to which such troop or company belongs. Proof required. When disbanded. Ib. Rifemen. Riflemen, cavalry, &c. Prohibition against leaving S 11. If forty privates shall not so appear at such inspection and review, the inspector shall require proof, that there are privates belonging to such company, or troop, properly mounted, or armed and equipped, sufficient to complete the whole number of forty. Such proof may be made by the certificate, on honor, of a commissioned officer, or by the oath of a non-commissioned officer, or private. $12. The commandant of a brigade, to whom a company, or troop, shall be reported as deficient in number, shall thereupon disband the same, in orders, unless he shall have reason to believe that such company, or troop, will have forty privates, present and absent, mounted, or armed and equipped, as aforesaid, at the next succeeding inspection and review. $ 13. In case such company, or troop, at the next inspection and review, shall have, absent and present, the number above required, mounted, or armed and equipped, it shall not be disbanded; but if otherwise, the commandant of the brigade shall, without delay, disband the same. $ 14. All companies of riflemen, not formed into separate battalions, or regiments, shall, for all the purposes of this Chapter, be considered as a part of the regiments or separate battalions of infantry, in the bounds of which they are situated. $15. All regiments and separate battalions of riflemen, cavalry, artillery, or light artillery, not formed into brigades, shall, for the purposes of this Chapter, be considered as a part of the brigade of infantry, in the bounds of which the commandants of such regiments, or separate battalions, shall respectively reside. $ 16. No non-commissioned officer, musician, or private, troop, &c. belonging to any troop of cavalry, or company of artillery, |