colonel. of the most public places within the limits of such company, at least ten days previous to such election. SEC. 14. If, at any time, there shall be no commissioned Power of officer belonging to such company, the colonel shall have power, at his discretion, to designate any civil officer or citizen of the county, to preside at and conduct such election; and every civil officer or citizen so designated, shall obey and execute the order accordingly. SEC. 15. Whenever the election of a lieutenant or ensign Notice of of any company of militia shall be ordered, the officer election. making such order, shall publish the same, by causing copies thereof to be posted at three of the most public places within the limits of such company, at least ten days previous to such election. SEC. 16. If at any election of captain or lieutenant, an In case of officer then in commission, shall be elected, and shall not promotion. decline, the electors present, whether such officer is present or absent, shall proceed to elect a person to fill the place of the officer so promoted. Duty of SEC. 17. Every officer or person who shall preside at any election of captain, lieutenant, or ensign, shall at the presiding close thereof, immediately proceed to canvass and count the votes given; and thereupon, determine and declare, what person has been duly elected. officer. tie. Report. Appeal. SEC. 18. And if it shall, at any time, appear, that two or more persons standing highest in votes, shall have an equal number thereof, such election shall be determined by lot, fairly and publicly drawn, under the direction of the officer or person presiding. SEC. 19. The officer or other person presiding at such election, shall immediately certify, and report the determination thereof, to the colonel of the regiment, who shall, without delay, certify and report the same to the adjutantgeneral. SEC. 20. Every person thinking himself aggrieved by the proceedings at any election for the choice of an officer of or above the rank of ensign, may within ten days after such election, appeal as follows: 1st. If the election be for the choice of a major-general, to the commander-in-chief. 2d. If for a brigadier-general, to the major-general. 3d. If for a colonel, to the brigadier-general. 4th. If for a lieutenant-colonel, major, captain, lieutenant, and ensign, to the colonel. SEC. 21. All appeals shall be made by petition, addressed On oath. to the officer appealed to, specifying the matters complained of, under the sanction of the oath of the petitioner. officer ap SEC. 22. The officer appealed to, shall have power to administer oaths, and shall hear and determine the appeal; Power of and if, in his opinion, the proceedings at such election, are pealed to. illegal, he shall declare the election void, and shall order an election to be held without delay, for a new choice. mander-in chief. SEC. 23. The commander-in-chief may make such rules of comand regulations relative to elections and appeals, as he shall deem necessary and proper, to give full effect to the provisions of the constitution and of this act. SEC. 24. The staff of the commander-in-chief, consisting of one adjutant-general, one quarter-master general, four His staff. assistant quarter-master generals, and four aids-de-camp, shall be appointed by him. staff. SEC. 25. The division staff, consisting of one division Division inspector, one division quarter-master, and two aids-decamp for each division, shall be appointed by the several major-generals. staff. SEC. 26. The brigade staff, consisting of one brigade Brigade inspector, one brigade judge advocate, one brigade quartermaster, and one aid-de-camp, to each brigade, shall be appointed by the several brigadier-generals. staff. SEC. 27. The regimental staff, consisting of one adjutant, Regimental one quarter-master, one surgeon, one judge-advocate, one sergeant-major, one drum-major, one fife-major, one chaplain for each regiment, shall be appointed by the several colonels. office. SEC. 28. All staff officers who may be appointed, shall Term of hold their respective offices during the continuance of the officer from whom he received his appointment, unless such officer shall sooner vacate such appointment. SEC 29. Every officer duly commissioned, before he Oath. enters on the discharge of the duties of his office, shall take the oath prescribed in the constitution of this state, before some judge of a court of record, justice of the peace, or some general or field officer, who has previously taken it himself, and who is hereby authorized to administer the same. SEC. 30. A certificate of the oath shall be endorsed by Certificate. the officer administering the same, on the commission; but no fee shall be received for administering any such oath, or endorsing any such certificate. SEC. 31. The commanding officer of each company, shall Non-com- appoint by warrant, under his hand and seal, four sergeants, four corporals, one drummer, and one fifer or bugler, who shall serve as such for one year, from the date of their respective appointments. missioned officers. Resigna tions, to whom presented. tions to be SEC. 32. The resignation of every officer in the militia of this state, shall be presented as follows: 1st. The resignation of all company, field, and staff officers, shall be presented to the commanding officer of the regiment to which they respectively belong. 2d. The resignation of all commanding officers of regiments, generals, field and staff officers of brigades, shall be presented to the commanding officer of the brigade to which they respectively belong. 3d. The resignation of the commanding officers of brigades, general, field and staff officers of divisions, shall be presented to the commanding officers of divisions to which they respectively belong. 4th. The resignations of all other officers who are not included in the preceding clauses, shall be presented to the commander-in-chief. SEC. 33. It shall be the duty of every such officer, on Resigna- receiving a resignation, to forward the same, with the reaforwarded. sons assigned therefor, to the adjutant-general, who shall immediately lay the same before the commander-in-chief; but no officer shall be deemed out of service, until he has received notice of the acceptance of his resignation by the commander-in-chief. of resigna SEC. 34. On accepting the resignation of any officer, the Acceptance commander-in-chief shall cause notice thereof to be comtion. municated to such officer without delay, by the adjutantgeneral, and also to the officer whose duty it shall be, to order an election, to fill the vacancy occasioned thereby. without SEC. 35. Every officer who shall remove out of the bounds of his command, and every officer who shall be Absent absent from his command twelve months, without leave of leave. his immediate commanding officer, shall be considered as having vacated his office; and an election shall be ordered without delay, to fill the vacancy so created. TITLE FOURTH. Of the persons subject to military duty. SEC. 1. All able bodied free white male citizens, between Who subject to the ages of eighteen and forty-five years, resident in this military state and not exempted from serving in the militia by the duty. laws of the United States or of this state, are and shall be, subject to military duty. SEC. 2. In addition to the persons exempted by the laws of the United States, the following persons shall be exempt from military duty. exempt 1st. The members of the legislature during the term for which they were elected; and the officers thereof during Who its meeting, and for fourteen days before and after such from meeting; the secretary of state, auditor of public accounts, duty. military and treasurer of the state, and the deputies and clerks in their respective offices; the state reporter, the attorneygeneral, and district attorneys; the judges and clerks of the High Court of Errors and Appeals, the chancellor and the clerk of the Superior Court of Chancery, and the judges and clerks of the circuit courts; the judges and clerks of the court of probates; members of the board of county police; county treasurers, assessors and collectors; sheriffs, coroners, justices of the peace, and keepers of the public jails, mills, ferries, and toll-bridges; ministers of the gospel, regularly licensed according to the rules of their sect; teachers and students in all colleges, academies and common schools, and practising physicians; officers who have served as such in the militia of this state, or in that of any of the United States, for the term of five years, and shall produce evidence of the acceptance of their resignation or other honourable discharge; but no such officer shall be exempt from service in time of war, insurrection, or invasion. conscience. SEC. 3. Every inhabitant of this state of any religious In case of denomination, otherwise subject to military duty, but who scruples of from scruples of conscience, shall be averse to bearing arms, and shall refuse personal military service, shall be exempt therefrom in time of peace, on paying annually the sum of ten dollars; and in time of war, insurrection or invasion, on furnishing a free white able-bodied substitute, of at least the age of twenty-one years. Enrollment. TITLE FIFTH. Of the enrollment of persons subject to military duty. SEC. 1. The commanding officer of each company of infantry shall, from time to time, enroll all persons within the limits of his company who may be subject to military duty; and shall, without delay, notify such persons of their enrollment. SEC. 2. Every notice or warning to a person so enrolled Legality of to attend a company, battalion, or regimental muster or defined. training, pursuant to the provisions of this act, shall be deemed a legal notice of his enrollment. enrollment Power of commandant. certificates. SEC. 3. The age and ability to bear arms of every person so enrolled, shall be determined by the commandant of such company, subject to an appeal to the commanding officer of the regiment; but the decision of neither of these officers, shall prevent a court martial from determining whether such person was properly enrolled. SEC. 4. Persons claiming to be exempted from enrollment Exempts to by reason of inability to bear arms, may produce the certiproduce ficate of a surgeon, as evidence of such inability; but such certificate shall not be conclusive, nor shall it be lawful for the person giving the same, to take any fee or reward therefor. Duty of &c. SEC. 5. All tavern keepers, keepers of boarding houses, upon their being thereto requested by the commanding landlords, officer of the company within which they reside, shall give to such commanding officer, a true account of all persons lodging or boarding with them, and their names, if known, to the end, that such persons as are liable to do military duty, may be enrolled according to law. SEC. 6. If any person of whom such account is so demanded, shall refuse to give such account and names, or |