CHAP. VII. Military Corps. CHAP. VIII. Banks. CHAP. VII. An Act in addition to an Act entitled, "An Act to establish a Military Corps for the defence of this State," passed in October, 1812. BE E it enacted by the Governor and Council and House of Representatives in General Court assemAid de camp. bled, That in addition to the officers of said corps provided for in the act to which this is an addition, there shall be one Aid de camp, with the rank of captain, who shall be appointed by the commanding officer of said corps. Banks authorized to issue small notes. General Assembly, October Session, 1814. SYLVANUS BACKUS, Speaker of the House of Representatives. JOHN COTTON SMITH, Governor." Attest. THOMAS DAY, Secretary. CHAP. VIII. An Act authorising the Banks in this State to issue Bills of a less denominationthan one Dollar, and for other purposes. BE it enacted by the Governor and Council and House of Representatives in General Court assembled, That the Banks incorporated by this State be, and they are hereby authorized to issue bills or promissory notes of such Banks, of a less denomination than one dollar, for the payment of money only; and so much of the act passed in May, 1802, entitled, "An Act relative to Bank Notes, and the circulation thereof in this State", as prohibits the issuing of such bills by the Partial Repeal. Banks of this State be, and the same is hereby repealed: Provided however, That all bills or bank notes issued by virtue of this act, shall be upon such paper as is used for other bank notes or bills issued by such Banks. Proviso. General Assembly, October Session, 1814. Attest. CHAP. IX. Militia. CHAP. IX. An Act in addition to and alteration of the Statute entitled, “ An Act for the forming and conducting the Military Force of this State." E it enacted by the Governor and Council and $1. BE House of Representatives in General Court assembled, That no person or persons liable by law to do military duty in the infantry, shall, after the rising of this Assembly, be permitted to enlist into the cavalry of this State, during the present war. No person to enlist from the infantry into the cavalry: § 2. Be it further enacted, That every person who shall remove from any other State into this State, shall persons remobe liable to do duty in the militia thereof, at the same other State, li ving from antime, and in the same manner as if he removed from able to do duthe limits of one company into those of any other with- ty. in this State. §3. Be it further enacted, That all Brigade Ma- Staff-Officers, jors and Inspectors shall hereafter be appointed from how appointed. the line of majors in the brigade, and shall retain their rank, and that all Adjutants, Quarter-Masters and Pay-Masters shall hereafter be appointed from the subalterns, in the respective regiments to which they belong; and the appointment of serjeant-majors and quarter-master-serjeants shall be made from the line of serjeants in the regiments, any law, usage or custom to the contrary notwithstanding. §4. Be it further enacted, That the Captain General 4 Companies be authorized and empowered to select four companies of Horse Artil of Cavalry, from the militia of this State, and cause lery. them to be formed into four companies of Horse Artillery, and furnished with suitable field pieces, at the expense of the State, which companies shall perform military duty as horse artillery in their respective regiments. 5. Be it further enacted, That corporals in the mil- Corporals ent itia of this State shall be entitled to warrants from the tled to Warcommandants of the regiments, and be stiled non-com- rants. missioned officers, and perform the duty of rank and file. §6. Be it further enacted, That every person belong Quakers, &c. to ing to any of the societies of Friends, Shakers and be excused Quakers, who shall evince that fact to the commanding from duty. officer of the company, within the limits of which he may reside, by the certificate of the clerk of the society to which he may belong, shall be excused from equipping himself and doing military duty, which he would the State. to make re tnru. fault. Proviso. Select-men to furnish Pow CHAP. IX. Militia. otherwise be holden to do, and in lieu thereof, shall To pay $10 to pay annually, on the first Monday in June, to the Treasurer of this State, the sum of ten dollars; and it shall Commanders be the duty of the commander of the company, within of Companies the limits of which such person may reside to make return of the name of every such person, to the State Treasurer, on or before the second Thursday of May annually, ou penalty of paying twenty dollars to and Penalty for de- for the use of this State; and said Treasurer shall have power, and power is hereby given him, on default of payment as aforesaid, to grant a warrant to the several collectors of state taxes in the towns where such persons may reside, to collect said sum, and pay the same to said Treasurer :-Provided, That this section shall continue in force during the present war and no longer. §7. Be it further enacted, That it shall be the duty of the Selectmen of the several towns in this State to der, balls, &c. furnish, and keep at all times, at the expense of each town, a suitable quantity of powder, musket-balls and flints; not less than eight ounces of powder, one pound of balls, eighteen to the pound, and three flints for each non-commissioned officer and soldier, within the limits of the town, enrolled and liable by law to do military duty; which powder, halls and flints shall be deposited in some suitable place, and taken care of by the Selectmen ofthe respective towns, and shall be delivered out by the advice and consent of the civil authority to the commanders of the several companies within the limits thereof, whenever the public service shall require; and each and every town which shall neglect or refuse to comply with the provisions of this act, on or before the first day of April, 1815, shall forfeit and pay to the treasury of this State the sum of fifty dollars, and the like sum for each term of six months such town shall thereafter neglect and refuse in manner aforesaid, to be collected by the State's Attorney, in the name of the Treasurer of this State. Penalty on towns for lect. neg Substitutes. Fine for nonappearance. §8. Be it further enacted, That when any detach ment of militia is ordered into the service of this State, or of the United States, the senior officer in command at the place of rendezvous shall be the only prope er officer to accept and approve of substitutes, and determine on their qualifications; and it shall not be in his power to accept of a substitute unless completely equipped, and in uniform according to law; any law. to the contrary notwithstanding. i §9. Be it further enacted, That each private shall, for non-appearance on any day of company exercise, inspection or review, pay a fine of four dollars, in lieu CHAP. IX. Militia. alarm. of the fine now established by law for the same neglect Fine for nonof duty; and when any company, battalion, regiment, appearance on brigade or division of militia of this State shall be ordered into service by the proper officer, on any alarm, each non-commissioned officer, musician 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, for such neglect, pay a fine of seventeen dollars into the county treasury; and shall forfeit Penalty per and pay to said treasury the further sum of twenty month: dollars for each and every month he shall neglect to join such company, and in the same proportion for a longer or shorter time, and upon neglect or refusal to pay the aforesaid penalties or forfeitures, or any part of the same, shall be imprisoned in like manner as is already provided by law for those who neglect or refuse to pay the penalties incurred for not appearing in person, or by substitute, at the time and place appointed for rendezvous, when detached for service; and each Notice: non-commissioned officer, musician and private shall have like notice, when ordered into service, by company, battalion, regiment, brigade or division, as is provided in the second section of an act in addition to an act, entitled" An Act for organizing and conducting the military force of this State," passed in May, 1814. §10. Be it further enacted, That when any fine shall Minor's fines be incurred by a minor, for a breach of this act, the parent, master or guardian of such minor shall be liable for the same, unless where such parent, master or guardian shall make it appear that he was not aiding, or consentiug to such neglect or refusal. S11. Be it further enacted, That the commanding Return to be officer of each company shall, immediately after a de- made of detachment, company, battalion, regiment, brigade or di- faulters. vision shall be ordered to rendezvous, for service, at any particular time and place, make return of the names and places of abode of all the persons who shall have incurred any of the penalties aforesaid, or the penalties mentioned and contained in the second section of an act in addition to an act entitled," An Act for organizing and conducting the military force of this State," to the brigade major of the brigade to which they respectively belong; and it shall be the duty of the brigade major within twenty days from the time of his receiving said return, to make a like return to the State Attorney for the county in which such person or persons may reside. $12. Be it further enacted, That the several county courts in this State are authorized and empowered to hear and determine all breaches of this act, not other 25 County Courts authorized to take cognizance of brea ches of this act. CHAP. IX. Militia. Duty of State attornies. Exemption of polls of Captains and sub alterns. Certificate. CHAP. X. Cities. wise provided for by law; and the State Attornies, in the several counties, are hereby authorized and empowered to prosecute the same, by action of debt, in the name of the county treasurer, or by bill, plaint or information; and also the State Attornies, in the several counties, are authorized and empowered to prosecute, by like action, all breaches of the second section of an act, entitled" An Act in addition to an act for organizing and conducting the military force of this State." §13. Be it further enacted, That captains and subalterns of the militia of this State, who shall completely uniform and equip themselves, and perform the duties of their respective offices with fidelity, or be prevented by sickness or other reasonable cause, and procure a certificate thereof from the commandant of the regiment to which they respectively belong, shall have their polls exempt from the list of polls, and rateable estate, during the time they shall perform their duty, as aforesaid; which certificate each commandant of a regiment is hereby empowered to give on or before the 10th day of September in each year. §14. Be it further enacted, That so much of the 16th paragraph of an act entitled, "An Act for forming and conducting the military force of this State," as regards Repeal of for the fine for the non-appearance of each private, on any mer provisions. day of company exercise, inspection or review; and also so much of the 4th paragraph of the act last mentioned as relates to the power given to the commandant of each brigade to authorize enlistments into the cavalry, under the restrictions therein mentioned ; and also, that the 24th paragraph of the same act, regarding Quakers; and also so much of the first section of the act passed in May, 1814, as authorized the commanding officer of a regiment to accept of substitutes; and that the 4th section of the same act be, and the same are hereby repealed. Powers given to Common Council. General Assembly, October Session, 1814. of the House of Representatives. JOHN COTTON SMITH, Governor. Attest. THOMAS DAY, Secretary. CHAP. X. An Act authorizing the incorporated Cities to make certain By-Laws and Ordinances. $1. BE E it enacted by the Governor and Council and House of Representatives in General Court assembled, That full powers and authorities be and hereby are granted unto the Courts of Common Coun |