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The compiled statutes of the state of New Hampshire: to which are prefixed ... online

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States; the State of New Hampshire and the correspondmg
officers thereof beuig in all cases understood, where reference is
made therein to the United States or the officers thereof. {K 8,^
sec 5.)

Sbc. 8. In case of actual or threatened invasion or insurrec-
tion, any notice, however short, to muster for military service shall
be legal and binding. {K S.j sec. 6.)

Sec. 9. Signals of alarm may be appointed by the commander
in chief, and if any non-commissioned officer or private shall, upon
the alarm being given, unnecessarily neglect to appear armed and
equipped at such time and place as the commanding officer may
appoint, due notice having been given him of such signals and of
the time and place appointed, he shall pay a fine of ten dollars.
{R. 8.J sec. 7.j

Sec. 10. Whenever any volunteer or other company of militia
shaU be ordered into service to suppress riot or insurrection, or to
aid civil of&cers in the execution of the laws, or on account of any
other sudden emergency, the commanding officer thereof shall, as
soon as may be after said company shall be discharged from said
service, make out a list of the names of all the members of his
company \^ho have performed duty in said service, and specify
asainst the name of each person the length of time he was em-
pfoyed on said duty, and shall certify under oath to the truth
thereof, and return said list so certified to the city council of the
city or the selectmen of the town where said service was rendered.
{Laws of 1851, chap. 1090, sec. 2.)

Sec. 11. The city council or selectmen shall pay to each per-
son whose name is contained in said list, whenever the same may
be called for, at the rate of two dollars for each day's service so
rendered and certified. {Laws of 1851, chap. 1090, sec. 2.)



CHAPTER 95.

OF REGIMENTS, BBIGADES AND DIVISIONS.
COMPILED FROM

Chapter 92 of the Revised Statutes.
« 253, Laws of 1845.
« 839, " « 1849.
" 988, « " 1850.



Sioiioir
1—42. Be^mentB oonstitated.
43— 60 Brigadei.



Skotiok
61—54. Diyuions formed.



Section 1. The c6mpames in Portsmouth, Newcastle, Rye^.
14



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210 REGIMENTS, BRIGADES AND DIVISIONS- [tITLE XII^

Ghreenland, Newington and Btratham shall constitnte the fint
regiment :

Sec. 2. Those in Dover and Somersworth, the second :

Sec. 3. Those in Hampton, North Hampton, Hampton Fallsy
Seabrook, South Hampton and Kensington, the third :

Sec. 4. Those in Exeter, Newmarket, South Newmarket, Brent-
wood, Poplin and Epping, the fourth: {Latos 0/1849^ ch. 839, sec. 8.)

Sec. 5. Those in Amherst, Merrimack, Litchfield, Mont Ver-
non, Milford, Nashua, Nash^ville, HoUis, Hudson and BTookline,
the fifth :

Sec. 6. Those in Richmond, Winchester, Swanzey, Chester-
field and Hinsdale, the sixth :

Sec. 7. Those in Kingston, East Kinsfston, Danville, Newton,
Atkinson, Plaistow, Hampstead and Sandown, the seventh :

Sec. 8. Those in Derry, Londonderry, Salem, Windham and
Pelham, the eighth :

Sec. 9. Those in Manchester, Gbflbtown, Dunbarton, Bedford,
New Boston and Weare, the ninth :

Sec. 10. Those in Gilmanton, Gilford and Barnstead, the
tenth:

Sec. 11. Those in Concord, Bow, Pembroke, Allenstown and
Hooksett, the eleventh :

Sec. 12. Those in Bindge, Jaf&ey, Fitzwilliam, Roxbury,
Dublin, Marlborough, Nelson and Troy, the twelfth :

Sec. 13. Those in Haverhill, Piermont, Orford, Wairen and
Benton, the thirteenth :

Sec. 14. Those in Plymouth, Holdemess, Campton, Thornton,
Ellsworth, Woodstock, Waterville and Lincoln on the east side of
the mountain, the fourteenth :

Sec. 15. Those in Plainfield, Cornish, Claremont, and the
west company in Grantham, the fifteenth :

Sec. Id. Those in Charlestown, Langdon, Acworth and Unity,
the sixteenth :

Sec. 17. Those in Chester, Auburn, Candia and Braymond,
the seventeenth : {Laws of 1845, chap, 253, sec. 8.)

Sec. 18. Those in Nottingham, Deerfield, Epsom, Northwood
and Pittsfield, the eighteenth :

Sec. 19. Those in Moultonborough, Center Harbor, Sandwich
and Tamworth, the nineteenth :

Sec. 20. Those in Walpole, Westmoreland, Keene, Surry,
Gilsum and Sullivan, the twentieth :

Sec. 21. Those in Boscawen, Salisbury, Andover and Frank-
lin, the twenty-first :

Sec. 22. Those in New Ipswich, Sharon, Mason, Peterborough,
Temple, Lyndeborough and Wilton, the twenty-second :

Sec. 23. Those in Hanover, Lebanon and Lyme, the twenty-
third:

Sec. 24. Those in Stratford, Columbieu Colebrook, Stewarts*
town, !&rol, Clarksville and Pittsburg, the twenty-fourth :



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CHA?. 95.] REGIMENTS, BRIGADES AND DIVISIONS. 211

Sec. 25. Those in Durham, Lee, Madbury, Strafford and Bar-
rington, the twenty-fifth :

Ssa 26. Those in Antrim, Deering, Hillsborough, Windsor,
Hancock, Francestown, Greenfield and Bennington, the twenty-
suLth:

Sec. 27. Those in Wolfborough, Tuftonborough, Ossipee,
Effingham, Freedom and the north company in Wakefield, the
twenfy-seventh :

Sec. 28. Those in Alstead, Marlow, Lempster, Stoddard and
Washington, the twenty-eighth :

Sec. ^. Those in Sanbomton, New Hampton and Meredith,
the twenty-ninth :

Sec. 30. Those in New London, Newbury, Wilmot, Bradford
and Sutton, the thirtieth :

Sec. 31. Those in Newport, Sunapee, Groshen, Croydon,
Springfield and the east company in Grantham, the thirty-first :
{Law O/1850, chap. 98&)

Sec 32. Those in Bath, Lyman, Landaff, Lisbon, Littleton,
Bethlehem, Franconia and Lincoln on the west side of the moun-
tain, the thirty-second:

Sec. 33. Those in New Durham, Alton, Middleton, Brook-
field, and the southerly company in Wakefield and the north com-
pany in Milton, the thirty-third :

Sec. 34. Those in Hill, Bridgewater, Bristol, Alexandria,
Hebron and Danbury, the thirty-fourth :

Sec. 35. Those in Wentworth, Bumney, Dorchester and Qro-
ton, the thirty-fifth :

Sec. 36. Those in Eaton, Albany, Conway, Bartlett, Jackson
and Chatham, the thirty-sixth :

Sec. 37. Those in Canaan, Dame's Gore, Orange, Enfield and
Grafton, the thirty-seventh :

Sec. 38. Those in Chichester, Canterbury, Loudon and North-
field, the thirty-eighth :

Sec. 39. Those in Rochester, Farmington and Milton, except
the north company, the thirty-ninth :

Sec. 40. Those in Hopkinton, Henniker and Warner, the
fortieth :

Sec. 41. Those in Shelbume, Gx>rham, Berlin, Milan, Ran-
dolph and Pinkham's Grant, the forty-first:

Sec. 42. And the companies in Lancaster, Northumberland,
Dalton, Whitefield, Stark, Jefferson, Carroll and Nash and Saw-
yer's Location shall constitute the forty-second regiment :

Sec. 43. The first, third, fourth and seventh regiments shall
compose the first brigade :

Sec. 44. The second, tenth, twenty-fifth, twenty-ninth and thir-
ty-ninth regiments shall compose the second brigade :

Sec. 46. The eighth, eleventh, seventeenth, eighteenth and
thirty-eighth regiments shall compose the third brigade :

Sec. w. The fifth, ninth, twenty-first, twenty-second, twenty-



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212



OFFICERS.



[title XII.



sixth, thirtieth and fortieth regiments shall compose the foorth
brigade :

Sec. 47. The sixth, twelfth, fifteenth, sixteenth, twentieth,
twenty-eighth and thirty-first regiments shall compose the fifth
brigaae :

Sec. 48. The fourteenth, twenty-third, thirty-fourth, thirty-fifth
and thirty-seventh regiments shall compose the sixth brigade :

Sec. 49. The nineteenth, twenty-seventh, thirty-third and thir-
ty-sixth regiments shall compose the seventh brigaae :

Sec. 50. The thirteenth, twenty-fourth, thirty-second, forty-first
and forly-second regiments shall compose the eighth brigade :

Sec. 51. The first and third brigade shall form the first division :

Sec. 62. The second and seventh brigades shall form the sec-
ond division :

Sec. 53. The fourth and fifth brigades shall form the third
division :

Sec. 54. The sixth and eighth brigades shall form the fourth
division.



CHAPTER 96.

OF OFFICERS.
IDENTICAL WITH

Chapter 93 of the Revised Statutes.



Sbction


Seotton


1. Aidfl to the captain general.


10.


Removal, ground of address.


S. DiTiBion officers.


11.


Conviction of crime, effect.


3. Brigade officers.


12.


Resignations, conditions of.


4. Jadge adyocate.


13.


Resignations, time of, limited.


5. Begimental officers.


U.


Bounds of parade fixed.


6. Quartermaster.


15.


Office Tacant, who shall act.


7. Commissioned company officeiv.


16.


Rank, how determined.


S. Non-commissioned officers.


17.


Officers to account for public prop-


9. Officers, where to reside.




erty.



Section 1. The captain general may appoint so many aids de
camp as he shall think proper, with the rank of colonel.

Sec. 2. Each division shall be commanded by a major general.
A division inspector and a division quartermaster, each with the
rank of colonel, and two aids de camp with the rank of major
shall be appointed by him and hold their offices during his pleasure.

Sec. 3. Each brigade shall be commanded by a brigadier gen-
eral. One brigade major who shall be inspector, and a brigade
quartermaster, each with the rank of major, and one aid de camp



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CHAP. 96.] OFFICERS. 21S

with the rank of eaptain^ shall be appointed by the brigadier gen-
eral and hold their offices during his pleasure.

Sec. 4. One judge advocate with the rank of major shall be
appointed to each brigade by the governor and council, and shall
hold his office during good behavior.

Sec. 5. To each regiment there shall be a colonel, lieutenant
colonel and major. The regimental staff shdil be an adjutant
with the rank of captain, a quartermaster and paymaster with the
rank of lieutenants, a surgeon, surgeon's mate, and chaplain ap-
pointed by the colonel and commissioned by the governor ; one
sergeant major, one quartermaster sergeant, one drum major and
one fife major appointed by the colonel ; all of whom shall hold
their offices during the pleasure of the colonel.

Sec. 6. Each quartermaster shall distribute all camp equipage,
colors, musical instruments, military books and other public prop-
erty which may be received by him from the adjutant general or
any other officer, and take receipts therefor to be kept by him on
file.

Sec 7. There shall be a captain, lieutenant and ensign to eve-
ry company, except those of the cavalry and artillexy, which shall
have a captain and first and second lieutenants. They shall be ^
appointed by the field officers and commissioned by the governor ;
and if any company have sixty-four rank and file enrolled and
equipped, there snail be appointed to such company an additional
lieutenant, except in the cavalry companies.

Sec. 8. Every company shall have four sergeants appointed
by the commissioned officers of said company, who shall have
warrants under the hand of the captain, countersigned by the derk
and recorded in the orderlv book of said company, of whom the
first or orderly sergeant shall be clerk ; and four corporals who shall
be appointed by the captain and subalterns, and shall hold their
offices at their pleasure.

Sec. 9. Oeneral and field officers shall reside within the limits
of their respective commands, and company officers withia the
limits assigned to their companies ; but where there are several
companies in any town, the officers may reside in any part of the
town.

Sec. 10. If any officer shall remove without such limits to
reside without resigning his commission, it shall be sufficient cauBe
for an address for his removal.

Sec. 11. If any officer shall be convicted of any infamous
crime, he shall be put in arrest, and application shall be made to
the l^islature for his removal.

Sec. 12. No officer shall be permitted to resign while under
arrest, nor unless the field officers shall certify that the books and
other public property for which he is responsible, are delivered to
the colonel or othe^r officer appointed to receive them, that they
may be delivered to his successor.

Sbc. 13. No company officer shall resign between the first day



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214 ADJUTANT GENERAL. [tITLE 3UI>

of May and the first day of November, ncur any general or fidd
officer between the tenth day of June and the first day of Novem*^
ber, unless the commander in chief under special circumstances
shall think the public good requires it.

Sec. 14. Every commanding officer on duty may ascertain
and fix proper bounds to his parade, not including any travelled
road, within which no spectator shall have a right to enter without
his permission.

Sec 15. In case any military office shall be vacant, or in case
of the absence of any officer from the limits within which he is
by law required to reside, the officer next in rank under him shall
have the powers and perform the duties of such office; but no
staff officer shall be removed by any officer temporarily p^orming
the duties of a higher rank.

Sec. 16. The relative rank of officers of the same grade shall
be determined by the dates of their commissions ; if tiiey are of
the same date by their former commissions, if any; otherwise the
oldest man shall rank first.

Sec 17. Every military officer shall be bound to account to
the adjutant general, on request, for all military books, papers or
any other property received from the State or from any other
officer ; and for all fines by him received and not expended for
purposes authorized by law.



CHAPTER 97.

OF THE ADJUTANT GENERAL.
IDENTICAL WITH

Chapter 94 of the Revised Statutes.



Section


Sbghon


1. Hi8 power* and duties.

2. To famish standards.

», To Ibmish laws and military books.
4. To wcoTer public property.


property.
6. To recover penalties wilesa remitted.

a T»giTebondt» the State.



Section 1. The adjutant general shall have the rank of briga-
dier general ; shall keep his office at Concord ; shall distribute all
orders of the commander in chief and record them in his orderly
book ; keep a roster of appointments and resignations^ and detail
officers for courts martial and other special service ; shall furnish
all officers who are required to keep orderly books witb suitable
blank books ; shaU furnish proper blanks to all officers who are
required to use &em> with suitable explaoatioas ; shall attend all



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CHAP. 97«] ADJUTANT GENERAL. 215

reviews by the commander in chief and inspect the militia who
ehali be so Teyiewed, and peifonn all other duties which belong to
the o£Sice and to the office of the quartermaster general.

Sec. 2. The adjutant general shall furnish each regiment and
each company of cavalry and artiUery with a standard of scarlet
sUk, on which the number of the regiment or company shall be
martced with white silk by the officer receiving the same, and shaU
furnish all camp equipage, musical instruments and other things
which he shall be by law authorized to purchase for the militia.

Sec. 3. The adjutant general shall distribute to the several
officers copies of the militia law, which he shall from time to time
procure for that purpose, so that each officer entitled thereto shall
have a copy, and shall distribute such copies of military books as
the legislature may at any time direct, taking receipts therefor.

Sec. 4. The adjutant general may sue for and recover in the
name of the State, from any officer who may have resigned, or
other person whatever, any books, papers or other public property
or moneys received for fines not expended for purposes authorized
by law, which they shall not deliver to him or his order upon
request

Sec 5. He may in like manner sue for and recover all penal-
ties and damages, for any injury which may be done by any per-
son to any gun house or ordnance, or the carnage, harness or appap
ratus belonging thereto, or to any arms, musical instraments,
military books, papers or other military property belonging to the
State.

Sec 6. He shall sue for and recover in like manner all penal-
ties incurred by any officer for neslect to make returns as required
by law ; but the commander in chief may remit such penalties in
cases where he shall consider such neglect excusable, upon a report
of the facts made to him by the adjutant general.

Sec 7. The adjutant general shall annually account to the
State fot all moneys which shall be received by him firom the
State, or for fines or forfeitures.

Sec 8. The adjutant general shall give bond with sufficient
sixties in such sum as the governor and council may require, not
less than two thousand dollars nor more than ten thousand dollars,
conditioned for the faithful discharge of the duties of his offioci to
be approved by the governor and council.



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216



COMMISSARY GENBRAL.



[title XII.



CHAPTER 98.

OF THE COMMISSABT GENERAL.

IDENTICAL WITH

Chapter 95 of the Revised Statutes.



Sbctioh

1. CommiBsary general to give bonds.
S. CommiMaiy general to hare care of

arsenal at Fortsmonth.
S. Commissaiy general to hare care of

anenal at Lancaster by depntj.



Sbotiox

4. Commissary general to receire arms
from United Stotes.
Commissary general to deliTcr arms to

companies.
Commissary general to repair and cer-
tify damages.



Section 1. The commissary general shall give bonds in the
sam of ten thousand dollars, with sufficient sureties, for the faith-
ful discharge of the duties of his office and for the security (casu-
alties excepted) of the public property committed to his charge.

Sec 2. He shall have charge of the arsenal at Portsmouth and
of the artillery, arms and munitions of war and other public prop-
erty which are or may be deposited therein.

Sec 3* He shall have the charge of the arsenal at Lancasteri
and shall cause to be kept therein such artillery arms and military
stores as the legislature direct, to be under the care of a deputy to
be by him appointed, who shsdl give bonds to him for the faitnful
performance of his duties.

Sec 4. He shall receive from the United States all arms and
equipments of every kind, apportioned to this State under the act
for arming the mUitia, and deposit them in the arsenal at Ports-
mouth.

Sec 5. He shall deliver from the arsenal such arms as any
military company or any town or city shall be by law entitled to
receive, upon the certificate of the adjutant general, and receive
therein any arms which may be required by the adjutant general
to be there returned, and give a receipt therefor.

Sec 6. If any such arms returned to the arsenal, shall be
damaged, the commissary general shall cause the same to be re-
paired, and certify the actual expense of such repairs to the adjutant
general.



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CHAP. 99.] COURTS MARTIAL. 217



CHAPTER 99.

OF C0UBT8 MABTIAL.

IDENTICAL WITH

Chapter 96 of the Revised Statutes.



SacnoN

1. Of airats, how made ; proceedings.

8. Aireste to be reported to the edjotant
general.

3. Courts martial, how ordered.

4. Courts martial, how eonstitated.

5. Oath of members.

6. Oath of judge adTOcate.

7. Challenges.

8. Court to sit by day only.

9. ICanner of making a decision.

10. Sentences, what may be passed.

1 1 . Court to preserve order.

12. Copy of charges to be furnished.



Sbotioh
18. Limitations of prosecutions.

14. Proceedings when accused refoses to

appear, or to answer.

15. Oath to wimesses.

16. Attendance of wimesses compelled.

17. Attendance of judge advocate upon

the court

18. Minutes pf proceedings to be kept

19. Certain proceedings to be in writing.

20. Becords to be deposited in adjutant

general's office.

21. Pees in courts martial. •

22. Boll of fees to be made.



Section 1. If any officer shall neglect to perfonn the duties of
his office, or to obey the rightfal order of his superiors, or shall at
any time be guilty of unofficer-like or ungentleman-like conduct,
he may be put under arrest by his superior officer and tried by a
court martial If any officer under arrest shall exercise any mili-
tary command, he shall on conviction by a court martial be cash-
iered.

Sec 2. Every arrest, with the cause thereof, shall be reported
without delay bv the officer ordering the same, to the adjutant
general, to be laid before the commander in chief.

Sec 3. The commander in chief on examination of the report
may discharge the officer firom arrest, if in his opinion the case
does not call for a court martial, or may order a court martial for
his trial.

Sec. 4. Every court martial shall consist of a president, four
members, a judge advocate and marshal. The president and mar-
shal shall be appointed by the commander in chief. The members
with two supernumeraries firom whom any vacancy shall be filled,
shall be regularly detailed by the adjutant general nrom the general
roster, firom such regiments or brigades as in the opinion of the
commander in chief may most conveniently furnish them.

Sec 5. Before proceeding to any trial, the judge advocate
shall administer to the president and each of the members sepa-
rately the following oath :

** You swear that without partiality, favor, affection, prejudice or
hope of reward you will well and truly try the cause now before



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218 0017BT8 MABTIAL. [tITLB XIK

you, between the State and the person to be tried, and that you
will not divulge the sentence of the conrt until it is approved or
disapproved, and that you will not on any account at any time
whatever, discover the vote or opinion of any member, unless re-
quired to give evidence thereof as a witness by a couit of justice
in a due course of law. So help you God."

Sec. 6. And the president shall administer to the judge advo-
cate the following oath :

<' You swear that you will faithfully and impartially discha^^e
your duties as judge advocate on this occasion, as well to the Sts&
as the accused, and that you will not on any account at any time
whatever divulge the vote or opinion of any member of this court
martial, unless required to give evidence thereof as a witness by a
court of Justice in a due course of law. So help you Grod."

Sec v. After the president, members and judge advocate' are
sworn, any member may be challenged either on the part of the
government or of the accused, the cause of challenging being stat-
ed in writing, and the validity thereof shall be determined by the
court, the members objected to not voting. One member only can
be challenged at once.

Seo. 8. Trials by court martial shall be in the day time only.

Sec. 9. On all questions the opinions of the youngest member
in commission shall be first taken, and so on regularly to the old-
est, and unless two thirds of the members agree that the accused
is guilty, he is acquitted.

Sec 10. Courts martial may sentence any officer convicted by
them to be cashiered or reprimanded in orders, or may impose a
fine not less than ten dollars nor more than one hundred dollars,
which may be recovered by the adjutant general in an action of
debt in the name of the State, in any proper court. If any officer
shall be sentenced to be cashiered, the court shall adjudge him in-
capable of holding any military office for life or a term of years,
according to the aggravation of his ofience.

Sec 11. Ck>urts martial are authorized to preserve order during
their session, and if any person in their presence shall behave in a
disorderlv manner, or make any tumult in or disturb such court,
and shall not upon command of the marshal desist therefrom, the
court may connne such person for a time not exceeding eight
hours.

Sec 12. Every officer to be tried by a court martial, shall be

[fut in arrest and shall be brought to trial without unnecessary de-
ay. A copy of the charges and notice of the time and place ap-
pointed for his trial, shall be given him at least ten days before the
trial is commenced.

Sec 13. No officer shall be tried before a court martial, for any
offence committed more than one year before complaint in writing
is made therefor, unless by reason of absence or other manifest
impediment he shall not have been amenable to justice within that
period.



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OHAP. 99»] COURTS MARTIAX. 219

Sbc. 14. If any officer for the trial of -whom a court martial is
appointed, shall not appear, or shall withdraw in contempt of court,
or being arraigned shall from obstinacy or deliberate design stand
mate or answer foreign to the purpose, the court shall proceed to
trial and judgment as if he had pleaded not guilty.

Sec 15. The judge advocate shall administer the following



Online LibraryNew HampshireThe compiled statutes of the state of New Hampshire: to which are prefixed ... → online text (page 23 of 80)