Arms how *tamped.

cies how noted.

in such time as the court shall deem reasonable, he shall suffer such corporal punishment as the court before whom the recovery shall be, may think fit, not exceeding thirty-nine lashes. And the lieutenant or commanding officer for the time being of any county, may recover any arms so sold, concealed, or removed, by action or petition in detinue or trover, with costs. And to the end that such arms may be known, the commanding officer shall cause to be stamped or engraved on them, the name of the county, together with the number of the regiment to which they may belong. At every muster, each captain or commanding officer, shall call his roll, examine every person belonging thereto, and note down all delinquencies occurring therein, and Delinquen- make return thereof at the next regimental or general muster to the lieutenant colonel commandant, or com manding officer of his regiment, including those which may occur on that day. Every lieutenant colonel commandant or commanding officer of a regiment, shall in like manner call his roll, examine and note down all delinquencies in his regiment, and make return thereof, together with those reported from commanding officers of companies, to the county lieutenant or commanding officer, within ten days after every general and regimental muster, who shall lay the whole, together with the delinquencies occurring to him on the like examination, so far as they relate to persons below field officers, before the court hereafter appointed to take cognizance of, and determine on them. And so far as they relate to field officers, the like returns shall be made to the executive who shall enquire into and determine on them. Provided, That the commanding officer of a county or of a regiment, shall not be obliged to extend their roll calls, or individual examinations beyond the officers, unless they observe some apparent necessity therefor And to each of the said returns shall be annexed the following oath, to be administered by any justice of the peace, viz. do swear that the returns hereunto annexed, contain all delinquencies which have occurred in the militia of my county, the

Returns.

ment, or

regi

company of regiment (as the case may be) since the last return, having examined the same as the law directs; (and to the county and regimental returu shall be added) and that the reports which accompany them are all which have been made

by the commanding officers of regiments or companies, as the case may be. So help me God." Every captain or commanding officer of a company shall, within ten days Company reafter every regimental and general muster, make up and turns. report to the commanding officer of his regiment, a re-. turn of his company, including all arms; ammunition, and accoutrements, by this act directed, distinguishing effective and good from non-effective and bad, noting therein such as have died, removed, been exempted or added, and all persons within the bounds of his company not on his roll, who ought to be enrolled. The Regimental commanding officer of each regiment shall, within fif- returns. teen days after every general master, make the like return to the commanding officer of the county, who shall, within forty days thereafter, make the like re turn of the whole of his militia, to the governor. The militia of this commonwealth as now organized, shall be disbanded, and all officers of the same are exone¬! rated from all pains and penalties for non-performance of their duties heretofore prescribed, except the duties prescribed by the act for the better collection of the oneeighth per cent. tax, and the penalties for failure therein. And for providing for the appointments of the offi« cers and others by this act described;

All Be it further enacted, That the governor, with

1

the advice of council, shall, on or before the first day Field officers April next, appoint in each county within this common- to be appoint wealth, the most able and fit persons who shall be wiled by execuling to accept the same to be county lieutenant, and tive. the necessary regimental field officers, according to the namber of militia on the present returns, and innmediately issue commissions accordingly. Each county lieutenant and other field officer, shall, at the first or second court to be held in ther county after receiving such commissions, take the oath by this act directed. Every county lieutenant shall within one month after ha Captains and ving taken such oath, summon all the field officers of his subalterns to county, and an equal number of the senior magistrates, be recomnot being militia officers, to meet at the court-house, to poard of offi form a board, at which he shall preside, and with them, cers and sedra majority of the said field, officers and magistrates, nior magisrespectively, each having taken the following oath, to trates, to the be administered by one of the magistrates to the other commissioninembers, and then by another magistrate to him, viz, ed.

VOL. XI.

do swear, that will truly and faithfully

L 3

mended by a

executive &

execute the trust now reposed in me, according to law,! to the best of my skill and judgment: So help me God. shall, if there be more than one regiment, divide the སྙནཱམ 1 county into districts, and assign a regiment to each, having regard to the number directed to be enrolled in a regiment by this act, and the convenience of the peos! ple: They shall then number the said regiments by lot, and the numbers so fixed, shall thereafter distinguish them. They shall then in like manner divide the regi mental districts into districts for companies, having re gard to the numbers directed to be enrolled in a come pany, and shall also number the said companies by lot, and the numbers so fixed, shall thereafter, together with that of the regiment to which they respectively belong, distinguish the companies: They shall then recom mend by ballot, to each of the said companies, a cap tain and the subaltern officers, directed by this act a list of which recommendations, the county lieutenant shall, within thirty days after they shall be made, transmit to the governor, who, with the advice of council, Executive shall issue commissions thereupon, or may reject such may reject as they may disapprove. The said commissions shall rocommenda- be sent by the governor to the respective county lieu

tions.

tenants, who shall forthwith deliver thèm to the several persons for whom they may be issued; and every such officer shall, at the first or second court thereafter held for the county, take the oath directed to be taken by this act. All cominissions of the county lieutenant and other field officers, to be appointed in the first instance by virtue of this act, shall bear date on the same day; Rank, how precedency in the different grades shall be determined determined. by lot, and the commissions shall be numbered accord

ingly, which numbers shall be the tests of precedency whenever two or more officers of the same grade shall meet on duty. All commissions which shall be issued to captains and subalterns, to be appointed in the first instance by virtue of this act, shall bear date on the same day the nominations for the respective counties shall be completed; precedency in the different grades in the county shall be determined by lot, as directed for the field officers, and the commissions numbered accordingly; and whenever such officers of different counties shall meet on duty, the dates of their commissions shall Vacancies determine, and whenever it shall happen that the dates how supplied are the same, recourse shall be had to the numbers. All vacancies which shall happen in the militia, as well

by the disapprobation of the executive as otherwise, shall be filled up from time to time, in the same manner as the original appointments are directed to be made, no tice of which vacancies shall be taken from the returns by this act directed to be made; and the said board ist hereby authorized and empowered to exempt from mis litia duty any person who shall make sufficient proof of his disability or infirmity. Each captain or command> ing officer of a company shall, within ten days after receiving his commission, and qualifying as aforesaid,” enroll all persons within his district, directed by this act to be enrolled, and shall appoint to his company five sergeants, three corporals, a drummer and fifer, to be approved by the commanding officer of his regiment; and all vacancies which may thereafter happen, shall be filled up by appointments in like manner. In alt cases of death, absence, or resignation of any county ratio lieutenant, lietenant colonel commandant, or captain, the next officer-in rank in his respective command, shall be considered as the commanding officer during the vacancy, and liable to perform the duties required by this act, and for neglect therein. shall incur the penalties annexed thereto. And whereas, it will be of great utility and advantage in establishing a well disciplined Light compamilitia, to annex to each regiment a light company, to nies. be formed of young men, from eighteen to twenty-five years old, whose activity and domestic circumstances will admit of a frequency of training, and strictness of discipline, not practicable for the militia in general, and returning to the main body on their arrival at the latter period, will be constantly giving thereto a military pride and experience, from which the best of consequences will results.

IV. Be it therefore enacted, That the governor, with the advice of council, shall, where the militia of the county will admit at the time of issuing the company commissions for each county, appoint and commission for each regiment therein, a captain, a lieutenant, and› an ensign, of the most proper persons therfor, for a light company, whose commissions shall bear date with the others of their county, and be numbered by lot with them; and the said companies shall be distinguished by the following words * Light company ofà Tến giment of militia,” filling up the blanks with the number of the regiment, and name of the county, Every person belonging to the said light companies,

re

Uniform.

Steuben's

shall wear while on duty, such caps and uniforms as the executive shall direct, to be purchased by the com< manding officer of the county, out of the monies prising on delinquents. The captain thereof shall after quali fying as is directed for other officers, proceed to eurolls in his company a sufficient number of young men ast before described, and shall have a private muster twice in every three months. And as the men of such light company shall from time to time arrive at the age of twenty-five years, the captain shall make report thereof to the county lieutenant, who shall order them to be en rolled in the company whose districts they may respec➡ tively live in, and deficiencies shall be supplied by new enrollments. And the said companies shall in all re-i spects be subject to the same regulations and orders as the rest of the militia. windo

And be it further enacted, That the plan of mas discipline a. jor general baron Steuben, established in congress, by dopted. their act, bearing date the twenty-ninth day of March one thousand seven hundred and seventy-nine, forform ing and disciplining the troops of the United States, shall be the guide for the militia of this commonwealth; disposing of a lieutenant colonel commandant, and two majors, as is directed in the said plan for a colonel, lieutenant colonel, and major, and making such other deviations as the numbers contained in different regi ments, and other unavoidable circumstances shall ren der absolutely necessary. It shall be the duty of every commander of a county regiment and company, at ev ery of their respective musters, to cause the militia to be exercised and trained, agreeable to the said plan, uns/ der pain of being arrested and tried for breach of their duty; and for this purpose the said officers are hereby authorized to order the most expert and fit officer lin their respective companies to perform that duty

And

to the end that a general knowledge thereof may be dif fiised, the executive is hereby authorized and required, to have a sufficient number of copies of the said plant printed and bound in boards, to afford to every com nissioned officer of the militia, one, and to deliver them to the commanders of counties, to be by them distribu». ted; and upon the death, resignation, or removal of any officer, the plan delivered lum shall revert to the public; and the commanding officer for the time being shalt deliver the same to a new appointed officer who may sungswoɔ idući fara arts of gespeoled dowag ytw”