1606

BALTIMORE CITY.

Case of
invasion.

SEC. 12. And be it enacted, That whenever in case of any
foreign invasion, of the city of Baltimore, the Baltimore City
Guards shall be ordered into actual service as part of the militia
of this state, the same shall form part of the third division of

Bank.

the Maryland militia, and the officers of the brigade be entitled
to rank according to the date of their respective commissions,
with the officers of the regular line, and the brigade be subject
to the state militia laws during the time they are in such service.

A SUPPLEMENT to the ACT establishing the Baltimore City Guards.
1835, ch. 107.

Proclama-
tion re-
quired be-
fore or-
dering to
fire, &c

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That before any officer of the Baltimore City Guards to whom
any requisition or order shall be issued, requiring him to order
out any portion of the said Guards under his command as may
have been deemed necessary to prevent or suppress any insur-
rection or opposition to the laws, shall give his first command
under any such requisition or order, to the Guards serving
under him, to fire or charge upon any assemblage of persons, it
shall be and is hereby made his duty to proclaim to such assem-
blage, his purpose to give such command, unless the persons
constituting such assemblage on whom said charge or fire
would be made, shall disperse within a time which he shall
fix according to the exigency of the case, upon his own judg-
ment, and first proclaim to said assemblage.

Case of ab-
sence of the
brigadier-
general.

SEC. 2. And be it enacted, That if the brigadier-general com-
manding the Baltimore City Guards shall be absent, or when-
ever the mayor of the city of Baltimore or any justice who
might issue any requisition commanding him to order out any
portion of the said Guards to prevent or suppress any insur-
fection or opposition to the laws, shall believe that said briga-
dier is absent from the said city or that the occasion demands a
more immediate compliance with such requisition than could

Authority
vested

be had if the same were to be addressed to said brigadier, the
said mayor or justice may issue his requisition in writing to any
commissioned officer of the said Guards commanding him to
order out the whole or such portion of said Guards under his
command as the said mayor or justices may deem necessary for
the occasion, and it shall be the duty of such commissioned
officer to comply with every such requisition and also of the

Duty
required

Guards under his command, to obey and execute the orders
which he may and shall then lawfully give, under the pains
and penalties prescribed by the act to which this is a supple-
ment, for the punishment of any like neglect or refusal on the
part of any officer or private to obey his commanding officer or
for non-compliance with any requisition of the said mayor or
justice as the case may be.