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one dollar per day each, for each day necessarily occupied by them
in doing said duty. {Laws of 1850, chap. 954, sec. 4.)



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CHAP. 88.]



XXTUBN8.



199



CHAPTER 88.



OF 'BETUBNS.



COMPILED FROM

Chapter 88 of the Revised Statutes.
" 1190, Laws of 1861.



8SCTIOK

1. Captains to make retum to adjutant

2. Captains to make retorn to quarter-

master.

3. Clerk to assist in making returns.

4. Adjutant to famish blanks and make

regimental return.

5. Brigade major to make brigade retum.

6. Quartermaster to make regimental re-

tum.



Sbotiok

7. Time of making returns.

8. Compensation to adjutants.

9. Postages and expenses to be paid.

10. Adjutant general to make return from

adjutant's return.

1 1 . Adjutant general to make return from

quartermaster's retum.



Section 1. . The captain shall, at the annual inspection of his
company in May, [the third Tuesday of May] make out and sign
a correct return in such form as may be prescribed, of the number
of persons enrolled in his company, cause it to be recorded in the
orderly book of his company, signed by the clerk and transmitted
to' the adjutant (ii. jS., chap, 88, sec. 1, cts amended by laws of
1861, chap. 1090y sec. l.y

Sec. 2. The captain shall also at the same time make out and
sign a correct return in such form as may be prescribed, of the
camp equipage, ordnance, arms, military stores, musical instru-
ments and public property of every description in his company,
which have been furnished by the State, and add thereto a requi-
sition for such articles as may be wanting ; shall cause the same
to be signed and recorded by the clerk and transmit the same to
the quartermaster. {R. S., sec. 2, as amended by laws of 1851,
chap. 1090, sec. 1.)

Seo. 3. The clerk shall assist the captain in making his re-
turns, and shall sign and record the same in his orderly book.
(R. iSL, sec. 4.)

Sec. 4. The adjutant shall furnish the captains with blank
forms of returns to be made by them, and explain how they should
be made ; shall consolidate the returns made to him into a regi-
mental return, record the same in his orderly book, and within the

* Bj the laws of 1851, chap. 1090, annual inspections in May are abolished. We
haTe, therefore, in oompilinff this chapter, omitted such matter as could not be included
in the returns of officers irjuiout such inspection, and hare added ('* the third Tuesday
of May") as a substitute for '' inspection in May," that being the day of annual inspec-
tion.



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800 SETURNfl. [tITLB XU*

time prescribed by law transmit the same to the adjutant general,
and a duplicate thereof to the brigade major, and keep the retains
made to him on file. (JR. &, sec. 4.)

Sec. 5. The brigade major shall consolidate the regimental
returns made to him into a brigade return, record the same in his
orderly book, and transmit the same to the brigadier general, and
a duplicate thereof to the major general, and keep the retoms
made to him on file. {R. &, sec. 6.)

Sec 6. The quartermaster shall consolidate the returns made
to him into a regimental return, add thereto the articles of public
property in his own keeping for the use of the regiment and sach
as are iurther required, record the same in his cmierly book, and
transmit it countersigned by the colonel to the adjul^nt general,
and keep the returns made to him on file. {R. &, sec. 7.)

Sec. 7. The returns of captains to the adjutants and quarter*
masters shall be made within ten days after the annual inspection
in May, [third Tuesday of May] ana the returns of adjutants and
quartermasters to the adjutant gene^ral within twenty days after
said inspection ; and if either of said oflEicers shall neglect to make
his return within the times aforesaid, he shall forfeit for each ne^ect
the sum of twenty dollars. {R. &, sec. 8.)

Sec. 8. Adjutants shall receiye two dollars for making the
reeimental returns, to be paid by the adjutant general ( A &,
sec. 9.)

Sec 9. Postage and other reasonable expense incurred in the
transmission of orders and returns, and transmission of public
property shall be paid by the adjutant general on satisfactory eyi-
dence that the expense was actually and necessarily incurred and
was just and reasonable. {R. &, sec. 10.)

Sec 10. The adjutant general shall immediately consolidate
the adjutant's returns of the seyeral regiments, and record and
transmit the same to the commander in chief, and a duplicate
thereof to the secretary of war of the United States. (iZ. &, see.

11.)

Sec 11. He shall consolidate the returns of the regimental
quartermasters, and add to the same a return of all articles of
public property in his possession or issued to the regimental quar*
termasters, record the same, and transmit it to the commander in
chief: {R. &, sec. 12.)



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OHAP. 90.]



0OMPANIB8 AND ENLI8TMBNTB.



201



CHAPTER 89.

OF OBDEBLT BOOKS AND ROSTERS.
IDENTICAL WITH

Chapter 89 of the Revised Statutes.



Sbctioit

1. Orderly boob, by wbom kept
S. Qumrtarmuter to keep orderly book.



Sbotion
3. Rosters, by wbom and how kept



Section 1. Each division inspector, brigade major, adjutant and
dedc of a company shall keep an orderly book, and record therein
all orders and official communications received or issued by his
commanding officer, and all returns which shall be signed by him,
and distribute all orders of his commanding officer.

Sbc. 2. Each quartermaster shall keep an orderly book, and
leeofd therein all orders and official communications received by
him relating to the duties of his office, all communications written
by him relating to the public property in his charge, all receipts
for public property distributed by him, and all returns of public
property made by him.

Sec. 3. The adjutant of each regiment shall keep in his order*

Shook a roster of the officers and non-commissioned officers of
e regiment, with the dates of their appointments, and the cleric
of each company shall keep a like roster of all the officers of the
company.

Sec. 4. The clerk of each company shall record all pemuts
and surgeons' certificates presented to him for that purpose in his
oideriy book.



CHAPTER 90.

OF COMPANIES AND ENLISTMENTS.



COMPILED PROM

Chapter 84 of the Revised Statutes.
« 954, Laws of 1850.



Sbctioh

1. Limits of eompcnies p rescr i be d .
S. Oompeaies may be disbanded.
9. Companies, wbat, formed by enlisl-



SacTioir

4. Number of rolanteer companies an-

tfaorised.

5. Volunteer companies, number of rank

and file.



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302



COMPANIES ANB BNLI8TMBNT8.



[tiTLB XII.



Sbotioit

6. Enlistmeoti, when Talid.

7. Persons enlisting, how long held.

8. Persons enlisting, how dlsdiaiged.

9. Companies, nnmber of rank and file.



Sbotiov

10. Company now oiganised, not alfectod.

11. Nnmber of enlisted companies in a

regiment.



Section 1. The field officers of the several regiments may
hereafter prescribe the limits of companies other than volunteers,
and alter and modify them as they shall think proper, so that the
nnmber of such companies in each town or city may conform to
the number of volunteer companies hereinafter authorized to be
raised by such town or city. Every order making any such alter-
ation shall be recorded in the orderly books of the regiment and of
each of the companies affected thereby. {R. S.j sec, 1, and laws
of 1850, chap. 964, sec. 12.)

Sec. 2. Any company which shall be reduced below one half
the number of which it should by law consist, may be disbanded
by the field officers of the regiment, and the officers and privates
of such company, if of infantry, shall be annexed to some adjoin-
ing company ; but if it be a volunteer company, shall be liable to
do duty in the company within whose limits they reside. (jR. &,
sec. 2.)

Sec 3. Companies of cavalry, artillery, light infantry, grena-
diers and riflemen may be formed by the voluntary enlistment of
citizens of eighteen years of age and upwards, in any town or
city, or by the union of two or more towns, with such limits as
the field officers of the regiment shall prescribe. (!£•&, sec. 3,
and laws of 1850, chap. 9&I, sec. 7.)

Sec. 4. Any town with less than four hundred ratable polls
shall not be entitled to more than one such company ; and any
town containing four hundred ratable polls and less than eight
hundred, shall be entitled to not more than two such companies ;
and any town or city containing more than eight hundred ratable
polls shall be entitled to not more than three such companies.
{Part of sec. 7, laws of 1850, chap. 954.)

Sec 5. No such company shall contain less than thirty-two
nor more than sixty-four rank and file, and not more than one
company of cavahry or artillery each, shall at the same time be in
organization within the limits of any one regiment {Part of sec.
7, laws of 1850, chap. 954.)

Sec 6. No enlistment shall be valid until a written notice
thereof is left with the clerk of the company from which the en-
listment is made, nor until the person enlisting shall be uniformed,
armed and equipped to do duty in the company into which he
enlists. (jR. &, sec. 4.)

Sec 7. Every person enlisting in any volunteer company, shall
be liable to perform military duty therein five years, unless he
shall be discharged or shall arrive at the age of forty-five years.
(JB. S., sec. 6.)



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CHAP«



91.]



mflFORM AND EQUIPMENTS.



208



Sec. 8. Any one enlisted in a volunteer company, may be dis-
charged by the colonel on his own request or that of the officers
of such <K>mpany, and shall then be liable to do duty in the com-
pany within whose limits he resides ; and notice in writing of such
discharge shall be forthwith given by the colonel to the captain of
such company. (JR. &, sec, 7.)

8bc. 9. £very company shall regularly consist of sixty-four.
{R. S., sec. 8.)

Sec. 10. sio company now formed and organized pursuant to
special provisions of law, shall be affected by this chapter. {R. /8L,
sec. 9.)

Sec. 11. To each regiment there may be one company of cav-
alry, one of artillery, two of light infantry or grenadiers and two
of riflemen who shall be organized by the field officers. (jR. &,
part of sec. 10.)



CHAPTER 91.

OF UNIFOBM AND EQUIPMENTS.
IDENTICAL WITH

Chapter 79 of the Revised Statutes.



Sbction

1. Uniform, how determined.

S. Equipments of field and staff officers.

3. Equipments of captains and sabaltems.

4. Equipments of infantry and grenadiers .

5. Equipment of cavalry.

6. Equipment of riflemen.

7. Equipment of artillery.



Section

8. Soldiers to be constantly furnished

with arms.

9. Minors, how furnished.

10. Persons unable, who deemed to be.

11. Persons unable, selectmen to provide.

12. Uniform, &c., exempt from attach-

ment



Section 1. The color and fashion of the uniform of the oj£-
cers and soldiers of the infantry shall be determined by the com-
mander in chief; that of the several companies of cavalry, artil-
lery, light infantry, grenadiers and riflemen by the field officers of
their respective regiments; but the uniform of such companies
shall not be changed without the consent of a majority of the
company.

Sec. 2. All general, field and commissioned staff officers who
have a rank assigned them, shall be armed with a sword and a
pair of pistols, and severally furnished with a suitable horse, saddle,
bridle, mail-pillion, valise, holsters, boots and spurs.

Sec 3. Captains, subalterns and non-commissioned staff offi-
cers shall be armed with a sword.

Sec. 4. Non-commissioned officers and privates of infantry,
light infantry and grenadiers shall be armed with a good musket,



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904 UNIFORM AND EQITIPMBIITS. [tITLB XII.

with a flint look and two spare flintB, or miiBket with a percussion
lock and a box containing not less than twenty-five peiensaiciii
oaps, with a steel or iron ramrod and suitable bayonet^ and equip-
ped with a priming wire and brush, bayonet, scabbard and belt, a
cartridge box that will contain twenty-four cartridges suited to the
bore of his musket, a knapsack and canteen.

Sec. 6. Officers and privates of cavalry shall be armed with a
sabre and pair of pistols, and shall severally furnish themselves
with a good horse at least fourteen and a half hands high, a good
saddle and bridle, mail-pillion and valise, holsters with bearskin
caps, a cartridge box to contain twelve cartridges, boots and ^ma.

8eo. 6. Non-commissioned officers and privates of any com-
pany of riflemen shall be armed with a good rifle, and equipped
with a powder flask and bullet pouch, knapsack and canteen.

Sec. 7. * Non-commissioned officers and privates of artillefy
shall be armed With swords and equipped with a knapsack and
canteen.

Sec. 8. Every officer, non-commissioned officer and private
shall constantly keep himself furnished with the arms and equip-
ments required by law, except such private of infantry as shall not
be able to provide himself.

Sec. 9. Minors liable to do military duty, shall be furnished
with such arms and equipments by their parents, masters or guar-
dians, unless they are unable to famish the same.

Sec. 10. No person shall be deemed unable to provide the
arms and equipments aforesaid for himself or any minor under his
care, unless he shall in the month of April annually produce to
the captain a certificate of such inability, from the selectmen of
the town where such minor or person liable to do military duty
resides.

Sec 11. Such selectmen shall forthwith provide at the ex-
pense of their towns, the arms and equipments aforesaid, for every
such minor or private to whom they may grant such certificate,
and shall permit the captain to deliver the same to such private or
minor, whenever his company shall be ordered out for military
dutv ; and such captain shall be responsible for the safe -return of
such arms and equipments to the place of deposit provided by
such selectmen.

Sec 12. Every officer, non-commissioned officer and private
shall hold his uniform, arms and equipments exempted from at*
tachment and execution and from distress from taxes.



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CHAP. 92.]



OUONANOB AlfB OUN HOUSES.



905



CHAPTER 92.

OF OBDNAKCE AND GUN HOUSES.
IDENTICAL WITH

Chapter 85 of the ReviBed Statutes.



BacTioN
1. Ordnance allowed to artillerjr oUbpa-

nies.
S. Captain responsible.

3. Money allowed for repairs.

4. Onn house to be erected.

5. Deed of land to the Stats.

6. Gfin booses may be remored.



SscTioir

7. No person to take gnn without leave.

8. Penalty.

9. Persons using gnn with leare liable

for damages.

1 0. Penalty for breaking gnn house.

1 1 . Fines and damages, how applied.



Section 1. One piece of ordnance with caniage, harness and
apparatus complete will be allowed to each company of artillery,
and every such company having two pieces of ordnance, shall be
allowed additional harnesses and apparatus at the expense of the
State.

Sec. 2. The captain shall have the entire care and control of
the same and shall be responsible for any injury which may arise
to the same from his neglect.

Sec 3. A sum not exceeding five dollars shall annually be
allowed to the captain for repairs of such piece, carriage and har-
ness on satisfactory evidence that it has been so expended.*

Sec 4. The captain of each company of artillery shall cause
a suitable building to be erected to secure the field piece belonging
to the company, when neoessarv, and shall receive such allowance
therefor not exceeding fift^ dollars, as the legislature on present-
ment of his claim shsul think reasonable.

Sec 5. No such claim shall be allowed until a deed convey-
ing the land on which the same is erected, to the State in fee, shall
have been filed in the office of the secretary of state, nor until the
field officers shall have certified their approval of its location and
construction.

Sec 6. Any gun house may be removed, whenever the field
officers shall approve the same, a like deed of the land to which
it is to be removed, being first filed in the secretary's office as
aforesaid.

Sec 7. No person shall remove any piece of ordnance from
the gun house or other place where it is deposited, nor any car-
riage, harness or apparatus belonging thereto, for any purpose
whatever, without the written permission of the caiptain of the
company to which it belongs.

• A portion of See. 3 of chapter 85 of the Berised Statutes has been omitted. The
aet of 1851| chapter 1090, seems to require this omission.



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906 ARMS FURNISHED BY THE STATE. [tITLE XII.

Sec. 8. If any person shall remove or use any such piece of
ordnance, carriage, harness or apparatus without such permission,
he shall forfeit a sum not less than five dollars nor more than
twenty dollars, and shall be liable to pay double damages for any
injury which the same may sustain firom any cause, until they
shall be returned and notice thereof in writing given to such cap-
tain.

Sec. 9. If any person shall take or use any such piece of ord-
nance, carriage, harness or apparatus with the permission of the
captain for any purpose except that of military exercise when the
company shall be paraded, he shall ^ liable for all damages the
same may sustain from any cause, until the same is returned and
notice thereof given as aforesaid.

Sec 10. If any person shall break open or enter any gun
house, or in any way injure the same or any public property there-
in, he shall forfeit a sum not less than five dollars nor more than
twenty dollars, and shall be liable to pay double damages for any
injury the same may sustain thereby, or in any manner in conse-
quence thereof.

Sec. 11. The penalties and damages shall be recovered by the
adjutant general in the name of the State, and applied to defray
the expenses of keeping such public property in repair.



CHAPTER 93.

OF ARMS FUENISHED BY THE STATE.
COMPILED FROM

Chapter 86 of the Revised Statutes.
" 484, Laws of 1847.
« 954, « « 1860.



Sbotioit

1. Towns to be famished with arms, and
to hold the same for the use of the
militia.



Section

2. Arms, where receiTed and retamed.

3. Sale of military stores.

4. Military stores destroyed by fire, %c



Section 1. After the first annual return of the militia under
this act shall have been received by the adjutant general, he shall
cause to be delivered to the several towns or cities in the State,
not now supplied with the same, such arms as are now authorized
by law to be delivered to uniform companies, in number or propor-
tion corresponding to the volunteer force apportioned to the re-
spective towns or cities by this act, said arms to be held in trust
by the selectmen of such town or the city council of such city, for
Hie use of the company or companies of volunteers, if there be



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CHAP. 94.] DETACHMENTS FOR ACTUAL SERVICE. 207

any within their respective limits ; otherwise for the use of the
militia other than volunteer, whenever the same shall be called
in actual service ; and any state arms now in the possession of
any uniformed company shall likewise be held in trust as aforesaid,
the bonds now held by the State of the officers of such company
or others being given up ; and said town or city shall be held re-
sponsible to the State for the safe keeping of all arms so held in
trust, and for their return whenever they shall be required; and it
shall be the duty of said commanding officers of the above named
companies, if required by said selectmen of such towns or the city
council of such cities, to give good and sufficient bonds for the
safe keeping and for their return, whenever they shall be required
by said selectmen or cil^ council. {Laws of 1850, chap. 954, sec. 8.)

Sec 2. All towns in the county of Coos and also in the coun-
ty of Grafton, when the adjutant general shall so order, shall re-
ceive arms from and return the same to the arsenal at Lancaster.
All other companies shall receive arms from and return the same
to the arsenal at Portsmouth. (R. £(., sec. 7.)

Sec 3. The commander in chief, with advice and consent of
the council, is authorized from time to time to cause to be sold,
and the proceeds thereof to be paid into the treasury, or exchange
such military stores or property belonging to the State as may be
found unserviceable or in a state of decay, or which, in the opin-
ion of the commander in chief and counciJ, it may be for the in-
terest of the State should be disposed of. {Laws of 1847, chap.
484, sec. 12.)

Sec 4. Whenever any military stores or property belonging to
the State shall be destroyed by fire, or otherwise injured, the com-
mander in chief, with advice and consent of the council, m&y from
time to time settle and adjust the damages on account of the same,
with the obligor of any bond or obligation for the safe keeping of
the same, on such terms, or the payment of such sums into the
treasury, as shall be by him, with advice and consent of the coun-
cil, directed. {Laws of 1847, chap. 484, sec. 13.)



CHAPTER 94.

OF DETACHMENTS FOB ACTUAL SERVICE.
. COMPILED FROM

Chapter 91 of the Revised Statutes.
" 1090, Laws of 1851.



Sbctioh
1. Actiye duty only required in case of

war, &c
S. DetachmentB, by whom ordered.



SBGTIOir

3. Yolanteer companiee fint to be order-

ed out

4. DefiailB, how made.



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208



BBTACHBfENTS FOR ACTUAL 8BRYICB. [tITLS XII*



SaoTioir

6. Yoltmteen to be accepted.
Penalty for refusing to march.
Persons detached, sabject to roles and

artides of United States.
Short notice sofficient, when.



6.
7.



8.



Sbotiow
9. Signals of alarm to be aj^xtiiited.
Companies called oot to

riots, list of names to be retnmed,
&c
Compensation for senrice.



10.



11.



Section 1. The militia of this State shall be subject to no
active duty, except in case of war, invasion, insurrection, riot, ina-
bility of the civil officers to enforce the execution of the IblvtSj or
other public danger or emergency. {Laws of 1851, chap. 1090|
sec. 1.)

Sec. 2. In cases of actual or threatene<|| invasion, insnirection
or other public danger, the commander in chief may order the mili-
tia or part thereof to be detached ; and in cases of emergency the
officers commanding divisions, brigades or regiments, may order
such detachments and appoint such military watches or guards in
such places and under such regulations as they may judge neces-
sary, until orders can be received from the commander in chie£
(R. S.J sec. 1.)

Sec. 3. In case of riot, insurrection, or other sudden emergen-
cy, the volunteer companies of the city or town where military
force maybe required to suppress such riot or insurrection, or meet
such other emergency, shall first be ordered into said service;
provided however^ that the same duties shall be performed by the
officers of companies, and by the selectmen of towns, and the city
councils of cities, in relation to the enrolment, record and return of

1)ersons liable to be enrolled in the militia, as are now required by
aw. {Xaws of 1851, chap. 1090, sec. 1.)

Sec 4. Except in cases where entire regiments or companies
may be detached, the officers shall be regularly detailed from the
rosters and the privates drafted by lot from the company rolls ; and
in case any company shall not be organized, such draft shall be
made by the colonel or some officer designated by him. (JR. &,
sec. 2.)

Sec 5. If suitable officers or privates shall volunteer, their
services may be accepted and details or drafts made for the residue
only. {R. S.J sec. 3.)

Sec 6. If any person who shall have volunteered or been
detailed or drafted, and notified and ordered to march, shall neg-
lect or refuse to obey such orders, he shall be liable to the punish-
ment of desertion, unless he shall within twenty-four hours after
such notice furnish an able bodied man in his stead, or pay to the
commanding officer of the company to which he belongs, the sum
of fifty dollars, to be appropriated to the hire of men to complete
the detachment (JR. £(., sec. 4.)

Sec 7. All persons detached for actual service shall be subject
to the rules and articles provided by the lav^rs of the United States
for the government of the militia in the service of the United



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CHAP. 95.] RBQIMENTS, BRI0ADE8 AND DIVISIONS. 209



Online LibraryNew HampshireThe compiled statutes of the state of New Hampshire: to which are prefixed ... → online text (page 22 of 80)