BENJAMIN OGLE, ESQUIRE, GOVERNOR.

1798.

is originally formed; and the perfons fo difmiffed from the company fhall deliver their arms and
accoutrements in good order to the commanding officers of the company, and fhall be fubject to
militia duty in the lame manner as other citizens above the age of thirty years.

C H A P.

C.

XXIV. AND BE IT ENACTED, That it fhall be the duty of every captain, or other commanding
officer of a company, to make out a lift in writing of all the privates and non-commiffioned offi-
cers of his company on or before the firft of April next, noting in the fame the age of every
perfon, and a copy thereof, when fo made out, fhall return to the lieutenant-colonel of his
regiment; and it fhall be the duty of the lieutenant-colonel of each regiment, within twenty-
days after receiving the faid lifts, to make out a correct lift of all the perfons between the ages
of eighteen and twenty-one years, and between the ages of twenty-one and thirty years, and the
faid lifts, when fo made out, fhall keep in his poffeffion, to be referred to whenever occafion may
require; and the faid lieutenant-colonel fhall advertife immediately thereafter in eight different
places in his diftrict, requiring all perfons belonging to his regiment between the ages of twenty-
one and thirty years, to affemble at fome convenient place, to be by him named, for the purpofe
of offering themfelves as volunteers, or fubmitting to a draught, to complete the felect militia of
this ftate; and the faid lieutenant-colonel, on the day fixed, and between the hours of twelve
and four of the faid day, fhall accept fuch volunteers as may offer themfelves for the purpofes of
this act and if volunteers fufficient fhould not offer themfelves, the faid lieutenant-colonel fhall
proceed to draught, from the perfons between the ages of twenty-one and thirty years belonging
to the faid regiment, a fufficient number to make up the deficiency, and if no volunteers fhould
offer, the whole number fhall be made up by draught.

Captains to

make out lifts,
&c.

XXV. AND BE IT ENACTED, That the extra battalions of each county fhall furnifh their due
proportion of volunteers or draughts for the company or companies, as the cafe may be, and the
majors commanding extra battalions fhall have the fame powers of receiving volunteers or
draughting as are given to the lieutenant-colonel, and if the lieutenant-colonel and major of ex-
tra battalions cannot agree on the proportion to be furnifhed, the brigadier fhall proportion the
number, and fhall alfo direct to which company or companies they fhall belong.

Extra battali-
ons to furnifh,

&c.

XXVI. AND BE IT ENACTED, That if any perfon, when called on by the captain, or other
commanding officer of his company, fhall wilfully conceal his true age, the perfon fo offending
fhall be fined, at the difcretion of a company court-martial, a fum not exceeding five dollars, to
be collected and applied as other fines impofed by this act are to be collected and applied.

Penalty for
concealing age,
&c.

XXVII. AND BE IT ENACTED, That it fhall be the duty of every captain, or other command-
ing officer of a company, when he fhall enrol a perfon in his company who was not before enrolled
in his company, to note his age, and if the faid perfon fhall be under the age of thirty years, he
fhall give information thereof to the lieutenant-colonel of the regiment, who fhall add the name
and age of fuch perfon to the proper lift to be kept by him as aforefaid; and whenever any perfon
under the age of thirty years fhall be legally difcharged from a company, the captain, or other
commanding officer of the faid company, fhall notify the fame to the lieutenant-colonel, who fhall
note the fame on his lift aforefaid.

Captains to
note the age of
perfons en-
rolled, &c.

XXVIII. AND BE IT ENACTED, That the governor and council fhall, within four months after
the paffage of this act, caufe to be delivered to each lieutenant-colonel commanding a regiment
in this ftate, feventy-two mufkets, feventy-two bayonets, and feventy-two cartridge boxes, in
good order for fervice, provided the ftate be in poffeffion of the number required, and the faid
lieutenant-colonel fhall, immediately thereafter, deliver the fame to the captain, or other com-
manding officer of the felect company attached to his regiment, to be by him diftributed to the
privates and non-commiffioned officers of his company.

Mufkets, &c. to
be delivered,
&c.

XXIX. AND BE IT ENACTED, That the faid lieutenant-colonel fhall take from the commiffioned
officers of each felect company a bond to the ftate, with fecurity, in the penalty of feven hun-
dred and fifty pounds, conditioned for the re-delivery of faid arms and accoutrements when
thereto required by the governor and council; and if any commiffioned officer of fuch company
fhall refufe or neglect to execute fuch bond, fuch refufal or neglect fhall be deemed a refignation
of his command in the felect company, and the governor and council fhall appoint another perfon
to fill the vacancy thus occafioned.

Commiffioned
officers to give
bond, &c.

XXX. AND BE IT ENACTED, That if any private of non-commiffioned officer, to whom a muf-
ket is delivered in purfuance of this act, fhall ufe the fame in hunting, gunning or fowling, or
fhall not keep his arms and accoutrements clean and in neat order, he fhall forfeit and pay not
lefs than one, nor more than ten dollars, at the difcretion of the company court-martial; and in
cafe any non-commiffioned officer or private fhall neglect or refufe to deliver the fame to the
commanding officer of his company upon his leaving the company, or upon his being thereto re-
quired, fuch private or non-commiffioned officer fhall forfeit and pay the fum of twenty dollars,
and it fhall be the duty of every company court-martial to inquire into and punifh delinquencies
of this kind, in the fame manner and at the fame times they inquire into and punifh other delin-
quencies.

Penalty for
ufing mufkets,
&c.

XXXI. AND BE IT ENACTED, That the governor and council fhall felect, appoint and com-
miffion, from among the militia officers of each regiment, one captain, one lieutenant and one
enfign, to command the felect company.

Governor and
council to fe-
lect officers, &c.

XXXII. AND BE IT ENACTED, That the faid felect companies fhall meet at every regimental
and battalion meeting and on fome day in the fame months in which other companies of militia
are by law ordered to meet, and fhall in all refpects be fubject to the fame fines to which the ge-
neral militia are fubject.

Select compa-
nies to meet,
&c.