MILITIA.

1570

the same, and each and every person belonging to said orga-
nized band of musicians, shall be under the command and
direction of the said commanding officer, and shall perform the
duty of musicians in said regiment instead of serving as privates
therein ; and at the division review and regimental parades as
directed by this art, the commanding officer as aforesaid shall
cause the names of said musicians to be called over, and a list
of absentees to be returned io him within three days after each
of said meetings, which shall in like manner, and at the same
time as is prescribed in this act for other absentees, be handed
over to the court of appeal for the trial of the appeals of com-
pany officers, non commissioned officers and privates as absen-
tees from parade ; and in case any of them should neglect or
refuse to appear at such meetings when warned, with their in-
struments of music, they shall be liable to such fines and for-
feitures, to be remitted or collected and distributed in the same
manner as is provided for in the case of non-commissioned
officers and privates ; and if the said commanding officer shall
neglect or refuse to comply with the provisions of this section,
he shall be fined a sum not exceeding thirty dollars, in the dis-
cretion of such court martial as the case may require.

SEC. 70. And be it enacted, That in case of invasion, or
threatened invasion of Baltimore county, or any part of the
limits of the city of Baltimore, the commanding officer of the
division, the commanding officers of brigades, or the command-
ing officers of regiments, shall have full power to order out the
militia belonging to their respective districts or commands, or
any part thereof; and it shall be the duty of any such officer to
give notice of any such invasion or threatened invasion, with
every circumstance attending the same, as early as possible, to
his immediate commanding officer, by whom such information

Case of
invasion,
&c.

shall be transmitted with the utmost expedition to the com-
mander-in-chief of this state, and in such cases it shall be the
duty of the commanding officer of the regiment within the
limits aforesaid, to assemble his regiment, or such part thereof
as he may deem necessary, and take such measures as may be
requisite for the public defence and protection of the state, until
the orders of the commanding officer of the brigade to which he
belongs shall be by him received, and it shall be the duty of
the commanding officer of the said brigade, immediately upon
receiving such information, to communicate it to the command-
ing officer of the division, and to give such orders, and if neces-
sary such aid from his brigade, by causing detachments there-
from as aforesaid, as in his judgment shall be required, until
the orders of the said commanding officer of division can be
received ; and to transmit information of what he shall so have
done in the premises, to the Commander-in-chief, and to the

Proceed-
ings di-
rected.