ROBERT BOWIE, ESQ. GOVERNOR.

197

several regiments and extra-battalions of militia in this
state, to form and organize a band of musicians with-
in, and for his said regiment or extra-battalion; and
that each and every person belonging to said organ-
ized band of musicians shall be under the command
and direction of the said commandant; and for neg-
lecting or refusing to appear at any parade or meet-
ing of officers, when warned, with their instruments of
music, or for disobedience of orders, shall be liable to
such fines and penalties as non-commissioned officers
and privates are subject to by this act.

1812.

35. AND BE IT ENACTED, That every cap-
tain or commandant of a company may enrol at least
two, and not more than four persons residing in his
district, who are desirous and willing to be enrolled in
such company as musicians; and such persons so en-
rolled shall perform the duty of musicians in said com-
pany, instead of serving as privates therein.

Captains and
commandants
of companies
may enrol per-
sons to act as
musicians.

, 36. AND BE IT ENACTED, That in case any
musician enrolled in any company shall not, on any
day of parade directed by this act, be engaged in the
actual performance of his duty as a musician, that
then and in every such case the captain or command-
ant of the company shall make return of such musi-
cian's refusal to serve as aforesaid, to the court martial;
which court martial is hereby authorised to impose
and levy the same fine on such musician for so refus-
ing or neglecting to perform his duty as aforesaid, as
non-commissioned officers and privates are liable to,
for absence from any parade directed by this act.

Musicians shall
be fined for
non-attendance
to their duties
on parade days.

37. AND BE IT ENACTED, That every private
capable of serving as a musician, may, with the con
sent of the captain or commandant of the company to
which he belongs, at any parade, by this act directed,
act in the capacity of a musician in any other compa-
ny in the same regiment or battalion with the com-
pany to which he belongs; and that the facts, of his
having performed the duty of a musician at such pa-
rade, and of his captain's or commandant's consent
thereto as aforesaid, shall be a sufficient cause to remit
any fine which he may have incurred by reason of his
absence from the parade of the company to which he
belongs, on the day on which he was so acting as a
musician as aforesaid.

Musicians-
privates may
act as such in
other compa-
nies in the same
regiment or bat-
talion.

38. AND BE IT ENACTED, That it shall and
may be lawful for any person above the age of twen-
ty-one, or between the age of eighteen and twenty-
one, with the consent of their parent or parents, guar-
25

Persons above
the age of 18
years may join
uniformed mili-
tia companies.