TITLE 5. pensed with. Ib. battalion under his command, to parade for annual inspection and review, he may dispense with such inspection and review. $5. He shall, in such case, on or before the fifteenth day of July, in each year, notify the commanding officers of the several brigades of infantry, within the beats of which the commanding officer, of any company, belonging to such [301] regiment or battalion, shall reside, that such regiment or battalion will not be ordered to meet for inspection and review. $6. The commandants of brigades of infantry, shall in parade with such cases, require the companies of artillery belonging to such regiment or battalion, to meet for inspection and review, with the regiment or separate battalion of infantry, within whose beat the commanding officers of the respective companies of artillery reside. Artillery when to infantry. Command on days of review. Notice of review. Commandant of division. Commandant of brigade. Officers parade. Duty of spector. $7. The commanding officers of regiments and separate battalions of infantry, shall, on the day of annual inspection and review, have the command of every such company of artillery, and shall give the like previous orders, and make the same returns of delinquents and deficiencies, with the like effect, as if such company belonged to the infantry under their command; but such returns shall be made to the courtmartial of the corps to which the company belongs. 8. The commandant of each brigade, shall give notice to the commandant of the division, of the times and places of the annual inspection and review, of the several regiments and separate battalions in his brigade. $9. Each commandant of division, shall attend the review and inspection, of the several regiments and separate battalions of at least one of the brigades in his division, in each year; and he shall require the officers of the division staff, armed and equipped as the law directs, to accompany him. He shall so attend such reviews and inspections in each brigade of his division, in succession. $10. The commandant of each brigade shall attend with the officers of the brigade staff, armed and equipped as the laws directs, the annual inspection and review of the several regiments and separate battalions in his brigade. $11. The commissioned and non-commissioned officers and musicians of each regiment and separate battalion, shall rendezvous within their respective beats two days successively, between the first day of June and the first day of September in each year, for the purpose of training, disciplining, and improving in martial exercise. The days and places of rendezvous, shall be prescribed by the commanding officer of the brigade. $12. On the first day of such rendezvous, the brigadebrigade in inspector shall attend, to superintend the exercise and manœuvres, and to introduce the system of discipline, which is or shall be prescribed by law; and on such day, he shall take the command as drill-officer, so far as shall be necessary to the execution of those duties. TITLE 5. $ 13. If the commanding officer of any brigade of cavalry officers of or artillery, shall deem it inconvenient for all the commissioned cavalry, &c. and non-commissioned officers and musicians of any regiment [302] or battalion in such brigade, to rendezvous at the same time and place, he may order them to rendezvous, a part at one time and place, and a part at another; at each of which places, the brigade-inspector of such corps shall, if practicable, attend. parade of $ 14. The commanding officer of any regiment or separate Additional battalion, in addition to the rendezvous above prescribed, officers. may require the commissioned and non-commissioned officers and musicians, to meet once in each year, for exercise and improvement, at such time and place as he shall appoint. $15. The commandant of each brigade, by and with the con- May be by sent of a majority of the field officers, may require the parades of the officers, non-commissioned officers and musicians, to be held by brigade if he shall deem it expedient, in lieu of the regimental or battalion rendezvous. Laws of 1835, ch. 304. brigades. appear. $16. The commandant of each regiment or separate bat- How to talion, may require the commissioned and non-commissioned officers, at any rendezvous of such officers and musicians, to appear with such arms and accoutrements as he may prescribe; and he may require them to perform every duty, belonging to commissioned and non-commissioned officers, or to privates. cies. warn for 17. Such commandant shall report all absences and Delinquendeficiencies, to the president of the proper court-martial. S18. For the purpose of warning the non-commissioned Warrant to officers, musicians and privates, to any parade or place of parades. rendezvous required by law, the commandant of each company shall issue his warrant under his hand, to his non-commissioned officers, or to such of them as he may deem proper, requiring them respectively to warn all persons subject to military duty within a certain district, to be designated in such warrant, or all persons named in the warrant, as such commandant may elect, to appear at such parade or place of rendezvous, armed and equipped as the law directs. 7 J. R., 97. $ 19. Each non-commissioned officer, to whom such warrant How served shall be directed, shall warn every person theretofore enrolled or enlisted, whom he shall be therein required to warn, by reading the warrant, or stating the substance thereof, in the hearing of such person; or in case of his absence, by leaving a notice thereof at his usual place of abode, with some person of suitable age and discretion, or affixing the same on the outer door of the house, in case no such person can be found therein. Such notice shall be signed by the non-commissioned officer making the service, and when so left or affixed, shall have the like effect as if the person to whom the same shall be directed, had been personally warned. TITLE 5. [303] How returned. Ib. Return, evidence. Return of officers delinquent. Officers may warn. Duty of tavernkeepers, &c. Penalty. Time of parade. [304] Powers of commandants. $20. Such non-commissioned officer shall deliver the warrant to his commandant, with a return, in which he shall state the names of all persons by him warned, and the manner of warning them respectively, and he shall make oath to the truth of such return: which oath shall be administered by the commandant, and certified by him on the warrant or return. 21. Such commandant shall deliver the warrant and return, together with his own return of all delinquents and delinquencies, to the president of the proper court-martial. $22. The return of such non-commissioned officer, so sworn to and certified, shall be as good evidence on the trial of any person returned as a delinquent, of the facts therein stated, as if such officer had testified to the same before the court-martial, on such trial. $23. Every commandant of a company shall make the like return, upon honor, and with like effect, of every delinquency and neglect of duty of his non-commissioned officers, either in not attending on parade, or not executing or returning a warrant to them directed, or not obeying the orders of their commanding officers. $24. Any commissioned officer of a company may, without a warrant, warn any or all of the persons subject to military duty, within the beat of the company, to appear at any parade or place of rendezvous. Such warning may be given by him, either personally, or by leaving or affixing a notice, in the same manner as if given by a non-commissioned officer; and his certificate, upon honor, shall be received by any courtmartial, as legal evidence of such warning. $25. All tavern-keepers, keepers of boarding-houses, persons having boarders in their families, and house-keepers, upon their being thereto requested by the commandant of the company within the beat of which they reside, or by the noncommissioned officer of any such company, having a warrant from such commanding officer, to warn persons to attend any parade, shall give to such commanding officer, or non-commissioned 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 warned to rendezvous, according to law. S26. If any person, of whom such account is so demanded, shall refuse to give such account and names, or shall wilfully give a false account, he shall forfeit and pay twenty-five dollars, to be recovered by the commandant of the regiment, for the use of his regiment. $27. For the purpose of preserving order on the day of parade, the militia shall be considered as under arms from the rising of the sun, to its setting on the same day; and shall be exempted from arrest on civil process, during that time. $28. Every commandant of a company or troop, in addition to putting under guard, as he is hereby authorised to do, and the exercise of the usual military powers with which he is hereby vested, shall return to the president of the proper courtmartial, the names of all persons in the company or troop, who shall have discharged any fire-arms on such day, within two miles of such parade, without the order or permission of a commissioned officer, or officer acting as such; and also the names of every non-commissioned officer, musician or private, who shall, on such day, refuse or neglect to obey the orders of his superior officer, or to perform such military duty or exercise as may be required; or depart from his colors, post, or guard; or leave the ranks, without permission from his superior officer. TITLE 5. command $29. The commanding officer of division, brigade, regiment Powers of or separate battalion, present at any parade, may put under ants. guard, any by-stander, or spectator, who shall abuse, molest, or strike, any one when on parade, or under arms. Laws of 1835, ch. 304. ground. $30. The commanding officer of regiment or separate bat- Parade talion, shall, on the day on which any parade or rendezvous is to be held, and previous thereto, cause the bounds of the parade ground to be designated, in such manner as not to obstruct the passage of travellers on any public highway. Laws of 1835, ch. 304. ment and thereon. S31. If any person, during parade, shall encroach on the Encroachbounds of the parade ground, previously designated; or shall, nuisances then and there, sell, or offer to sell, or give away, any spiritnous liquors, without permission of the commanding officer; or shall have in his possession any gambling table, or other gambling device; such person may be put and kept under guard by such commander, until the setting of the sun on the same day; and such liquor, gambling table, or other gambling device, may be abated, or destroyed, as a nuisance, by order of the commandant. on electon $ 32. No parade or rendezvous of the militia shall be ordered No parade on any day during which a general or special election shall be day. held, nor within five days previous to such election, except in cases of invasion or insurrection, or of imminent danger thereof; and if any officer shall order any such parade, or rendezvous, he shall forfeit and pay to the people of this state, the sum of five hundred dollars. cies to be $33. Every commandant of a company, or troop, within Delinquen any regiment or separate battalion, shall, within fifteen days reported. after any parade, furnish the president of the proper courtmartial, with a return of all persons belonging to his company, or troop, who shall have been, at such parade, delinquent in the performance of duty, or deficient in the equipments, or uniform, required by law, or who by any means, shall have incurred any fine or penalty, under this Chapter. $34. The commandant of every regiment or separate bat- I. talion, within ten days after a regimental or battalion parade, or rendezvous of commissioned and non-commissioned officers [305] TITLE 5. Duty of officers in case of invasion. Ib. Ib. Ib. Ib. Persons disabled in service. Drafts of militia. Ib. Ib. [306] and musicians, shall furnish the president of the proper courtmartial, with a return of all delinquents under the rank of major, in the staff or line. $ 35. In case of any invasion, or of imminent danger thereof, within the limits of any division, brigade, regiment, or separate battalion, it shall be the duty of the commandant of such division, brigade, regiment, or separate battalion, to order out, for the defence of the state, the militia, or any part thereof, under his command. $36. It shall also be his duty, to give immediate notice of such invasion, and of the circumstances attending the same, to his immediate commanding officer, by whom such information shall be transmitted, with the utmost expedition, to the commander-in-chief. $37. The commandant of every regiment, or separate battalion, within the limits of which an insurrection may happen, shall immediately assemble his regiment, or battalion, under arms, and with the utmost expedition, shall transmit information of such insurrection, to the commandant of his brigade, and to the commander-in-chief. $38. He shall also give immediate notice of such insurrection, to any judge of the county in which it shall happen, and shall take such measures for its suppression, as to such judge shall appear most proper and effectual. $39. If the said judge shall deem a greater force requisite to quell the insurrection, he shall require such additional force as he may deem necessary, from the commandant of the division, or of any brigade therein, whose duty it shall be to obey his requisition. S 40. Every person who, whilst in the actual service of this state, shall be wounded or disabled in opposing or suppressing any invasion or insurrection, shall be taken care of and provided for, at the expense of the state. S41. Whenever the president of the United States, or the commander-in-chief, shall order a draft from the militia for public service, such draft shall be made, in each company in which it is required, by lot, to be determined at a company parade ordered for that purpose. $42. Each non-commissioned officer, musician, and private, present at such parade, shall draw, to make up the quota required, and each person drawn shall fill such grade in the militia drafted, as he was entitled to when drawn, in his own company. $43. One of the commissioned officers of the company shall draw for every person subject to the draft, who shall refuse to draw or be absent from the parade, and such draft shall have the like effect, as if the person so refusing or absent, had drawn for himself. S44. Any person so drafted, may offer a substitute, at or Substitutes after the time of rendezvous of the drafted militia; and such for persous drafted. substitute, if he shall be an able-bodied man, of the age of |