BENJAMIN OGLE, ESQUIRE, GOVERNOR.

1798.

fpectively appoint, within three weeks after they fhall become due, but in cafe of any neglect or
refusal to pay any of the faid fines, the fame fhall be collected and levied in the manner herein

after defcribed.

C H A P.

C.

VI, AND BE IT ENACTED, That in all cafes where a militia-man may he draughted to perform

a tour of duty under the laws of this ftate, he fhall be confidered as a foldier, and liable to all

the duties as fuch, unlefs he fhall furnifh a fubftitute, and the lieutenant-colonel of the regiment,

or commanding officer of the extra battalion, as the cafe may be, to which he may belong, fhall
be the fole judge of the qualification of faid fubftitute, and may receive or reject, him at his dif-
cretion, and if the faid fubftitute fhould be rejected, the lieutenant-colonel may proceed to
furnifh one in the manner prefcribed by the act to which this is a fupplement, faving the right
of appeal given by the faid act.

VII. AND BE IT ENACTED, That all perfons confcientioufly fcrupulous of bearing arms and
who refufe to do militia duty under this law, fhall be liable to pay the fum of three dollars an-
nually, to be recovered and applied by the lieutenant-colonel as other militia fined by this law
are; and that the eighteenth fection of the act to which this is a fupplement fhall be and the
fame is hereby repealed.

Certain perfons
to pay, &c.

VIII. AND BE IT ENACTED, That in all cafes where there are extra battalions, the officer
commanding every fuch extra battalion fhall have the fame powers that are by this law given to
the lieutenant-colonel of any regiment; and on days of battalion meetings, the officer com-
manding fhall have the fame powers as the commandants of regiments, of appointing courts-
martial, and regulating the fame.

Powers given
to commanders
of extra batta-
lions.

IX. AND BE IT ENACTED, That if any by-ftander fhall interrupt, moleft or infult, any officer
or foldier while on duty at any mufter, or fhall be guilty of like conduct before am: court as
aforefaid, the commanding officer, or fuch court, may caufe him to be confined for the day.

By-ftanders
may be con-
fined, &c.

X. AND BE IT ENACTED, That if a fudden invafion fhall be made into any county in this ftate
or in cafe of an infurrection in any county, the commanding officer in fuch county is hereby au-
thorifed and required to order out the whole, or fuch part of his militia as he may think necef-
fary, and in fuch manner as he may think belt, for repelling fuch invafion or fuppreffing fuch in-
furrection, and fhall call on the commanding officers of regiments in the adjacent counties for
fuch aid as he may think neceffary, who fhall forthwith, in like manner, furnifh the fame; and
it fhall be the duty of the commanding officer aforefaid to communicate to the commander in
chief, as foon as poffible, information refpecting the faid infurrection or invafion; and for af-
fembling the militia required upon fuch occafions, or by orders of the executive, the fame mea-
fures fhall be taken to fummon them as is directed in the cafe of mufters; but no militia officer,
other than the commander in chief of the militia of this ftate, fhall order out any part of the
militia of this ftate to fupprefs any infurrection within the fame, unlefs required fo to da by
three juftices of the peace, in writing, under their hands and feals.

In cafe of in-
vafion militia
may be ordered

out, &c.

XI. AND BE IT ENACTED, That it fhall be the duty of every captain, or other commanding
officer of a company, to give notice of every mufter day to the non-commiffioned officer of the
company, who fhall immediately thereupon give notice thereof to each private of the company,

either perfonally, or by leaving a notice in writing at the place of abode of fuch private.

Captains to
give notice, &c.

XII. AND BE IT ENACTED, That it fhall be the duty of the brigadier-general to appoint the
days of meeting of each regiment, battalion and extra battalion, fo that it will be in the power
of the brigade infpector to attend the faid meetings, and if the brigade infpector neglects to at-
tend on the refpective days fo appointed by the brigadier, he fhall be fubject to a fine, to be im-
pafed by the commanding officer of fuch regiment or battalion, not exceeding thirty dollars, nor
lefs than ten dollars, unlefs he can make a reafonable excufe to the commanding officer of the
regiment or battalion which he was to attend.

Brigadier to ap-
point days, &c.

XIII. AND BE IT ENACTED, That it fhall be the duty of the brigade infpector to attend the
brigadier-general when required, to receive and execute all orders neceffary to carry into effect
the provisions of this law, and upon refufal or neglect, to be fubject to a fine, not exceeding
thirty dollars, nor lefs than ten dollars, unlefs he can make a reafonable excufe to the com-
manding officer of the brigade.

Brigade infpec-
tor to attend,
&c.

XIV. AND BE IT ENACTED, That it fhall be the duty of the adjutant of each regiment to at-

tend and execute the orders of the commanding officer of the regiment, or extra battalions, ne-
ceffary to carry into effect the provifions of this law, and upon refufal or neglect, to be fubject

to a fine, not exceeding fifteen dollars, nor lefs than five dollars, at the difcretion of the regimental
court-martial, unlefs he can make a reafonable excufe to the commanding officer of the regiment
or extra battalion which he was to attend.

Adjutant to at-
tend, &c.

XV. AND BE IT ENACTED, That if any non-commiffioned officer or private, who has a mufket
or gun, fhall appear in the ranks, or at any time during exercife, without it, he fhall be fined,
at the difcretion of a company court-martial, in a fum not exceeding four dollars, nor lefs than
fifty cents, unlefs he can make a reafonable excufe to the commanding officer of the company,
battalion, extra battalion or regiment, as the cafe may be.

Penalty for ap-
pearing with-
out arms, &c.

XVI. AND BE IT ENACTED, That the company in Wafhington county now under the direction

of captain Johnfon, near Hancock-town, be exempt from exercifing in battalion or regiment, as

directed by this law.

Company ex-
empt, &c.