1822 - Edocs

Non-commissioned
officer must serve.
Companies classed
110
Musician or private lars ; such non-commissioned officer, musician or pri
vate, for failing to attend any muster, review or inspec-
Substitute.
Proviso
Exemption,
Call of the militia
on invasion.
tion, or for disobeying; any order, which by virtue of this
act, his superior officer may give, or for his failing to re-"
pair to the prescribed rendezvous, with his arms and accoutrements,
he being properly warned so to do, or failing-
to do his duty when there, or absenting himself without
a lawful excuse, shall forfeit and pay, that is to say,
for non-appearance on the parade, two dollars, and for
not being equipped and accoutred as this act directs, the
sum of fifty cents, and for absence without leave after appearance,
the sum of two dollars. Every non-commissioned
officer appointed in pursuance of this act, shall
serve for the term of one year, or pay a fine of ten dol-
lars, the payment of which said penalty, shall, if such person
insist on the privilege, exempt the person so refusing,
from the duties of the said office, for the space of
two years.
13. Be it further enacted, That, it shall be the duty oi
the commanding officers of companies, to proceed forthwith
to divide their companies into classes, by ballot, from
one to four, for the purpose of the regular routine of duty,
when called into actual service, and return a roll of each
class, and to number in rotation within thirty days thereafter,
to the commanding officer of the battalion, who
shall transmit the same to the commanding officer of the
regiment, who shall cause the same to be recorded by the
judge advocate, and the commanding officer of the regiment
or battalion shall make a return of the same to the
adjutant general.
*
14. Be it further enacted, That, if any person shall be
called upon to perform a tour of duty, such person shall be
acquitted, provided he furnish his commanding officer
with an able bodied substitute in his room or stead, no
substitute shall be received unless armed, as by this lawdirected;
hut if any substitute in his own turn should be
called into actual service previous to the expiration of the
time for which he shall have been enrolled, then the person
procuring said substitute, shall march in his room or
procure a substitute for the remainder of the time, or be
liable to the same penalties as if called upon in his own
name. Any person cailed upon to perform a tour of duty
as aforesaid, and serving by himself or substitute, or otherwise
paying such fine as the court martial shall adjudge
adequate to the offence, such person shall not be
bound to perform any tour of duty until regularly called
upon in rotation.
15. Be it further enacted, That, when it may be necessary
to call into actual service any part of the militia, on
actual or threatened invasion of this Territory, or any oi
the neighboring states or territories, it shall and may be