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ROBERT BOWIE, ESQUIRE, GOVERNOR.
16. AND BE IT ENACTED, That all resignations
of company
and staff officers must be made through their commanding officers
of regiments, or extra battalions, (as the case may be;) and all
resignations of commanding officers of regiments, battalions and
extra battalions, through their respective brigadiers, and at least
sixty days prior to the regular field days, (except in case of removal,)
and that otherwise no officer shall be considered as having resigned,
which officers shall within twenty days after receiving such
resignation, transmit a notification thereof to the governor and
council; Provided, that this shall not be binding on independent
corps, or where there may be no field officer or brigadier in commission. |
1811.
CHAP. 182.
Resignations, how
to be made.
Proviso. |
17. AND BE IT ENACTED, That in all cases where
a militia man
may be draughted to perform a tour of duty under this act, he shall
be considered as a soldier, and liable to all the duties as such, unless
he shall furnish a substitute; and the commanding officer of the
regiment or extra battalion, (as the case may be,) to which he may
belong, shall be the sole judge of the qualification of said substitute,
and may receive or reject him at his discretion. |
Persons draughted
to perform a tour
of duty to be considered
as soldiers,
&c. |
18. AND BE IT ENACTED, That all able bodied
male white persons
in this state, between eighteen and forty-five years of age,
shall stand their draught, except as herein excepted (a); provided
that Quakers, Menonists, Tunkers, and persons conscientiously
scrupulous of bearing arms, are not to be exempt by virtue of this
exemption from standing their draught; and when any part or parts
of the militia shall be draughted, or called out of the state into actual
service, every person liable to draught as aforesaid, who is
not a commissioned officer, shall have it in his choice, either to
serve in person, or to find a sufficient person for a substitute, which
said substitute shall be approved of by the commanding officer of
the regiment or extra battalion, (as the case may be,) to which he
shall belong; but if any person, not being disabled by sickness,
shall neglect or refuse to serve, or find such sufficient substitute in
his place within ten days after notice given to him, the commanding
officer of the regiment or extra battalion, (as the case may be,)
to which such delinquent belongs, shall, and he is hereby required
to provide, hire or procure, on as reasonable terms as may be, a
substitute for such person so refusing or neglecting, and to charge
such sum or sums, together with reasonable expenses for procuring
the same, to such delinquent, to be recovered by distress and sale
of his goods and chattels, lands or tenements, by warrant under his
hand, directed to the sheriff of the county where such person or resides;
and in all cases where it shall be necessary to recover any
fine or forfeiture, or other money, wherewith any person or persons
may become chargeable under and by virtue of this clause, by
distress and sale, or execution of the property as shall be offered
or shewn to such sheriff or person executing, amounting to such
debt and costs; and if no property shall be shewn or offered, such
sheriff or person executing shall not take in execution any negro,
or other valuable property, to satisfy a small or trifling fine or sum,
(a) By June 1812, ch. 9, s. 2,
ministers of the gospel, and those exempted by
the act of congress, are only excepted. See November 1812, ch. 228,
s. 4. |
Draughts, substitutes,
&c. |
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