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 of-
ficer shall be considered as having resigned, which
officers shall within twenty days after receiving such
resignation, transmit a notification thereof to the go-
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Resignations.
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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 re-
ject him at his discretion.
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Persons draught
ed to perform
a tour.
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18. AND BE IT ENACTED, That al! able bo-
died male white persons in this state between eighteen
and forty-five years of age, shall stand their draught
(except as herein excepted; Provided, That Quakers,
Menonists, Tunkers and persons conscientiously scru-
pulous of bearing arms, are not to be exempt by vir-
tue 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 ser-
vice, 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 regi-
ment 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 re-
fusing or neglecting; and to charge such sum or sums,
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Draughts, sub-
stitutes, &c.
Proviso,
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