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returns.

1837.

SECTION 54. Any officer acting in the absence of his supe.

rior officer, shall perform all the duties required of his superior, Officer acting

and shall be subject to the same penalties imposed on such in the absence superior, for a failure to perform the duties devolving on him of his superior, by reason of such absence. to perform his

Section 55. The Brigade Inspectors, whose duties are to duties, and to be subject to attend the regimental and battalion musters, shall each be althe same pen- lowed one dollar and fifty cents per day for such attendance: alties.

Provided, however, that they shall produce an account for the Pay of bri- services rendered, together with their Brigadier's certificate gade majors.

for a faithful discharge of the duties assigned them, which shall be laid before the Governor for his approval; and, if approved, the Auditor of Public Accounts shall issue his warrant on the Treasurer for the amount thereof accordingly,

SECTION 56. Commandants of companies shall, after their Company re- military exercises are over, in the month of April, in each and turns. every year, proceed to make out duplicate annual company re

turns, agreeably to the forms prescribed by the Adjutant General; in which shall be expressed the military strength, arms, and accoutrements of such company; and, after countersigning the same, shall deliver one copy to the Adjutant of the regiment to which he belongs, on or before the tenth day of July, in each year, and file the other for the use of the company.

SECTION 57. Commandants of regiments shall, themselves, Regimental or cause their Adjutants so to do, make out, from the company

returns, on or before the tenth day of August, in each year, duplicate regimental returns, agreeably to the forms prescribed by the Adjutant General; and after having examined and signed the same, shall transmit, or cause his Adjutant to transmit, one copy to the Brigadier General of his brigade, on or before the first day of September, in each year, and retain one copy for the use of the commandant; and in case of the failure of any Captain to make his return, the Colonel or Adjutant shall use the last return, made by such company, in completing the regimental return.

SECTION 58. Commandants of regiments shall cause their Returns of Quarter Masters to make two fair estimates of arms, camp equiestimates page, &c. from the regimental return of the Adjutant, which arms, &c.

said regiment might require, agreeably to the forms prescribed by the Quarter Master General, and lay the same before them, for their examination and signature, on or before the fifteenth day of August, in each year; one copy of which he shall cause to be forwarded to the Brigadier General or Brigade Quarter Master, and file the other copy for his use.

SECTION 59. That it shall be the duty of each Brigadier Brigade re- General to make, or cause his Brigade Major to make out, turns. from the regimental returns of his brigade, triplicate brigade

returns, agreeably to the forms prescribed by the Adjutant General, on or before the tenth day of September, in each year, for their examination and signature; one of which returns he shall forward to the Major General of his division,

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and one other to the Adjutant General, on or before the

1837. tenth day of October, in each year, and file one for his own.

But in case any commandant of a regiment in his brigade, fails to make his annual return, the Brigadier General or Brigade Major, shall take the last return made by said regiment, to complete the return of the brigade. They shall also cause their Quarter Masters to make out two fair estimates, from the returns of the Regimental Quarter Masters, agreeably to forms furnished by the Quarter Master General, and lay the same before him, for his examination and signature, on or before the tenth day of September, each year; one copy of which he shall transmit to the Major General of his division, and file one for his own use. Section 60. It shall be the duty of each Major General

Division reto make out, or cause their Division Inspectors to make out, from their brigade returns, duplicate abstracts of division returns, agreeably to the forms drescribed by the Adjutant General, on or before the first day of November, in each year, and, after having examined and signed the same, he shall transmit one copy to the Adjutant General, on or before the fifteenth day of November, in each year, and retain one for his use. But in case of the failure of a Brigadier to make his annual returns, the Major General shall not be thereby excused from making his return, but shall use the last return made by the Brigadier, to complete his own. They shall also cause their Quarter Masters to make ou two fair estimates, from the returns made by. the Brigade Quarter Masters, agreeably to the forms prescribed by the Quarter Master General, and lay the same before them, for their examination and signatures, on or before the first day of November, in each year; and shall transmit to the Adjutant General, for the use of the Quarter Master General, on or before the fifteenth day of November, in each year, one copy, and file one copy for his own use. SECTION 61. It shall be the duty of the commandants of

The time of regiments, or their Adjutants, to note, on each company return, receiving the day on which it is received, and to return to the annual turns to be noCourt of Assessment all those who may have failed to make ted. their returns, within the time prescribed by law; and the Brig. adier General or Brigade Inspector, shall note, on each regimental return, the day on which it was received. It shall be the duty of the Major General, or his Division Inspector, to note, on each brigade return, the day on which it was received. It shall be the duty of the Adjutant General, to note the day on which he may receive the returns of the Major Generals of division or brigade returns; and, in case of the failure of any Brigadier General, to forward his return to the Adjutant Ger

eral, within the time prescribed by law, he shall immediately i report the same to the Major General, to whose division such

Brigadier General belongs. If the commandants of regiments fail to make their returns, within the time prescribed by law, it shall be the duty of the Brigadier General, to whose brigade

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1837.

such commandant of regiment may belong, to order a Brigade be the duty of each Major General, on the failure of any commandant of a brigade within his division, to make his annual return to such Major General, and to the Adjutant General, within the time prescribed by law, to order a Division Court Martial for the trial of, and to assess the fine on such Brigadier General for such failure.

SECTION 62. There shall be, in the month of October, in

each and every year, a regimental muster, at such place as the Regimental commandant thereol may direct, where every field, platoon, and

regimental staff officer, non-commissioned officer, musician, and private, belonging to said regiment, shall attend, armed and equipped according to law.

SECTION 63. There shall be a battalion muster in every Battalion battalion, at such place as the commandant thereof shall direct,

in the month of May, in each and every year, where every officer, non-commissioned officer, musician, and private, belonging thereto, as well as the commandant of the regiment, and regimental staff, shall attend, armed and equipped according to law.

SECTION 64. There shall be one company muster. in the Company month of April, in each and every year, to be appointed at the

discretion of the commandants thereof, as to time and place; the place of mustering shall be a rallying point for said company, in case of insurrection or invasion; where every commissioned, non-commissioned officer, musician, and private attached thereto, shall attend, armed and equipped according to law.

SECTION 65. The commanding officers of brigades shall have Brigade train- pouver to order the commissioned officers of any two or more Ings.

of the regiments of his brigade, which lay most contiguous, to be trained together, at some place within the bounds of his command, to continue not less than two, nor more than four days, and to encamp on the ground, at his discretion; which training, if ordered, shall be in the month of September; and the officer ordering the same, shall superintend the training thereof in person, and shall be goverened by the rules and articles of war which govern the army of the United States; of which training he shall notify the commandants of regiments,

in his orders for the annual musters: Provided, however, That Proviso. if there be no brigade training in any one year, commandants

of regiments shall appoint a regimental drill muster, in the Regimental month of April or May, before the battalion musters, to con

tinue not less than two, nor more than four days, at his discretión, at which every commissioned and regimental staff officer, sergeant, and musician, shall attend, and to encamp on the ground, at the discretion of said commandant.

SECTION 66. At the several musters herein directed to be Company mus. held, the troops shall be trained by the commandants thereof, ters, how con- at least three hours on each day, agreeably to the discipline of

drills.

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* Scott's Exercise,” or such other as may be adopted by Con

1837. • gress for disciplining the army and militia of the United States. The rolls shall be called at each muster herein provided for, and the delinquents noteil, as to absence, arms, accoutrements, or a refusal or failure to perform the duries required, when present. It shall be the special duty of the comm:indants of companies to cxamine the condition of the of the pablic arms, at every muster, and particularly at the time of making their annual returns.

SECTION 67. When no brigade training is ordered, in any Regimental year, commandants of regiments may dispense with the drill, trainings battalion, and regim 'ntal mus'ers; and, in lieu thereof, may order a regimental training, in tlie month of S.ptember, within the bounds of his regiment, to continue not less than two, nor more than three days, at his discretion, at which every officer, non-commissioned officer, mus cian, and private, belonging to the regiment, shall attend, armed and equipped according to law. Section 68. If any cfficer, non-commis-ioned officer, musi

Penalty for cian, or private, shall behave disobediently or mutinously, when disobedience, on duty, at any parade.or training, or before any court or board, &c. at musdirected to be held by this act, or shall atłempt, by fantastical dress, or in any other manner, to ridicule, or produce confusion in the same, the commanding officer present, or the court or board, shall have power to contine him under guard, during the parade or sitting of the court; and, moreover, if he be a cominissioned officer, he shall be cashiered and fined, by any court or board, in any sum not exceeding fifty dollers; and if a non-commissioned officer, musician, or private, may be confined, in like manner, and be suubject to a fine, in any sum not exceeding twenty-five dollars. And if any private citizen, or bystander, shall inolest or insult any officer or sol lier, while on duty, or shall be guilty of disorderly conduct, as above described, the commanding officer, or the court or board, shall have pow. er to confine him under guard, during the parade or sitting of the court or board, and he shall also be subject to a fine, in any sum not exceeding twenty dollars, to be collected as other fines.

Section 69. All arms, ammunition, and equipments of every Arms, &c. militia man, shall be exemp’ed from executions and distresses, exempted from at all times; and their persons from arrest, except for treason, felony, or breach of the peace, while going to, continuing at, at musters, &c. or returning from musters, or any military court; and when exempted from detailed for the service of his Stale, or of the United States, arrest in civil and after receiving marching orders, no arrest or process in civil cases, shall be served on them, and they shall be exempt therefrom during their continuance in service. SECTION 70. Brigade Inspectors, Adjutants of regiments,

Officers and commandants of companies, shall severally keep a book in

keep records. which all orders shall be recorded, whether directed to, or eminating from them or their commanding officers.

execution.

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: 1837.

SECTION 71. That, hereafter, when any person accepts #

military commission, he shall not be permitted to resign the Resignations

same, except in the month of January, in each year; and all and recommen- resignations shall be made in the following manner, to wit: All

company and regimental staff officers, shall tender their resigpations to the commandants of regiments; regimental field, and brigade staff officers, to the commandants of brigades; Brigadier Generals and division staff officers, to the commandants of divisions; and Major Generals, Adjutant General, and Quarter Master General, to the Governor and Commander-in-chief. And when Major Generals, or Brigadier Generals, shall receive the resignation of any officer, as aforesaid, (staff officers excepted, they shall, without delay, certify the same to the Governor, and recommend or nominate, the next officer in rank to supply such vacancy; and in all nominations for officers, whether company, regimental, or brigade, it shall be the duty of the person or court, which makes the nomination, to state the person's name and office, together with the number of the regiment or brigade to which he may belong; and also to insert the name of the person whose place the nomination is intended. to fill, designating the cause of such vacancy, whether by death, resignation, promotion, removal, or otherwise.

SECTION 72. It shall be the duty of every officer, previous Officers be- to his resigning or removing out of the bounds of his command, fore resigning to deliver the public arms, if any, the laws, rolls, and returns, to deliver pub- that may be in his possession, to the next officer in command, lic arms, &c.

and take his receipt therefor. Any person failing so to do, shall be subject to a fine of any sum not exceeding fifty dollars, to be assessed by any Court Martial or Court of Assessment, notwithstanding such, officer may have resigned, or removed out of the bounds of his command; which fine, if on a regimental (other than field) officer, shall be applied to the use of said regiment.

12 Section 73. It shall be the duty of every officer hereafter Appointments appointed, in the militia of this state, within twenty days af te office. ter receiving his commission, and before he acts under the

same, to appear before some Justice of the Peace, in the county in which he resides, or before the county court, who shall

administer to such officer the following oath or affirmation: Oath of of: “ You do solemnly swear (or affirm) that you will support the

constitution of the United States, and of this State, that you will be faithful and true to the Commonwealth of Kentucky, so long as you continue a citizen thereof, and that you will faithfully execute the office of

-, according to law, and the best of your understanding;” and also the oath prescribed by the law more effectually to suppress the practice of duelling. A certificate thereof shall be endorsed on the commission, at the time of taking the oath; and the officer thus qualified shall,

be obeyed and respected accordingly. Certificate of

SECTION 74. Every regimental officer taking the aforesaid oath to be filed oath, shall, within twenty days thereafter, file, with the Adjuwith adjutant.

over to the next in command.

Lee.

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