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SEC. 2. And be it enacted, That if the said
commanding officer, on whom such requisition shall
so be made, shall refuse or neglect to comply with
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Failure to
comply with
requisition.
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the same forthwith, then said board of police shall
be, and is hereby authorised, to address a similar
requisition to the officer next in command, and so
on, and in like manner upon the next succeeding
commanding officer; in every case where an officer
so called upon shall refuse or neglect to obey forth-
with such requisition of said board of police, and
. it shall be the duty of the said commanding officer
of the said Division, if only a part of the said Di-
vision is called into service as aforesaid, imme-
diately to prepare and hold the residue of the said
Division in readiness to support the portion of his
command actually called out, and if the said com-
manding officer of the First Light Division shall
in his opinion deem further military aid necessary,
he shall be, and is hereby authorised and required
to make a requisition, in writing, upon the com-
manding officer of the Third Division Maryland
Militia for the whole, or such portion of his Divi-
sion, not less than a brigade, so deemed necessary
by said commanding officer of said First Light Di-
vision, and in case the whole, or any part of both
Divisions are on service together, the officer high-
est in rank, or the senior of same rank, to have
the command of the whole force; whenever either
of said Division, or any part of either of them,
shall be on parade or service, as required by law,
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Duty of board
of police and
commanding
officers.
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no commissioned officer, non-commissioned officer,
private or musician, so on parade or service, shall
be liable to be summoned and detained by the sher-
iff, or any other civil functionary as one of the
posse comitatus.
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Soldiers not
subject to de-
tention by the
sheriff.
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SEC. 3. And be it enacted. That the officer com-
manding the force on service shall communicate im-
mediately to the Governor and commander-in-chief
full information respecting said insurrection or op-
position to the laws, the fact of his being called
into service as aforesaid, and the measures adopted
by him to suppress or prevent the same, and the
said commanding officer is hereby required and au-
thorised to use and employ, to the best advantage,
the force under his command, until the orders of
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Communica-
tion to the
Governor.
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