The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1838-01-30
Laws Of Vermont.
An Act for regulating and governing the A'''''a
of this State CONTINUED ..
ruApTrR XII.-.4rmS 6el0HglHg 10 TT $500


To commit TO safe keeping, and use, Oh SUI T,a
pany of artillery within MS w. ,1ith carriage
and nnnarntus thereto belonging, furnished by thiS
STATE Tor The use of said brigade ana Inc sa'io ~
transfer from time to ,lhe mG ;I hr;sodier General
another in said brigade, as sala 1r,gauie' S ;at
nav Jeem necessary. Prooided That no regiment
shall have more than one piece OF ordnance
SEC In any piece o, G Seoo@na to this
state shall by reason Of the dIstnnding o. any com
pnny or from any other cause, be found at lafge o
out of the care custody OF the ofhcers Oh PloEu
by this act it shall be the duty OF the coEnnuai'
Of tho regiment within which such piece Oh orc
nance, arms other military property are stua'eui
forhw with to/cause the same to be properly nouSGu
and secured, and the bill of expenses incurred ~
the execution of said duty shall BIO presented 10 me
auditor of accounts, and if allowed by him. snall
DO paid by the treasurer out OF any money III 'ne
treasury not otherwise APPROPRIATED
CHAPTER XHI--EteCtt0"S' H.
Spc I Each briaader general be- and Is hereby
empowered and it shall be his duty to give all snc
orders, shall, from time to time, De hecessay E
eecting field officers, captains and suoaiteths III
regiments and companies within his brigade, Whlch
shall not have been already commissioned; ana 'ot
filling up all vacancies OF such olnces OF any y.
them where they now are, or may hereafter haPPeni
and returns Of the elections OF captains ana supa
terms shall be made, well to the commanding ON
Ger of the regiment, as TO the br:gader genera
Prouidcd, alacayS, That when any time snail Dc ap
pointed for the appointment Of any field or COM
nsioned officer, the electors shall have at least ten
days no4ice thereof And all returns OF eieouons'
GERS shall be made to the governor by the prigadler
general in whose brigade the election shall be or
dered And a return of the election OF all captains
and sub&lerns shall be made to the commandlhs
officers of brieades; and all commissions shall pass
through the hands of the brlgadier-genelas, 10 lhe
officers for whom they shall be made out. ana
And every person who shall be- elected to any othce
in Tho said militia and shall not within fifteen days
after ho shall have been notified OF his election,
Except major and brgader generals, who snail De
allowed thirty days after they snail 90 hoIiheu ~
\ Ell lis thereon,
shall be considered declining to serve IN such
office, and orders shall, forthwith, be issued fof
new choice, ,cu
Seq. Every person who shall be lawfully en-
titled to be commissioned TO any office, IN the militia
of this state shall, at the time of receiving his com
mission, take and subscribe tho OATH OF allegiance
required by tho constitutions and also the oatil 10
suport the constitution OF the United States before
soaie general or field officer, who shall have pre-
viously taken and subscribed the same, aud VINO Is
hereby authorized to administer the same; ana a
certificate thereof shall be made the back OF every
commission, by tho general or field officer, before
whom the oath shall be taken and subscribed
SEC g. All non. commissioned staff officers and
sergeants shall receive warrants, under the hand OF
tho commanding officer of the respective regiments;
and tho uant shall keep for that purpose, OF all
warrants which shall be issued and no non. com,
missioned officer or private shall DO dlSenrolled
from tho militia for disability, without cerhhcale
from the regmenta surgeon, or, surgeons mate,
to tho acceptance OF the commissioned oiheefs OF
their respective companies :.
SEC. a. 1t shall bo the duty of the brigadier
general, either by himself, his brigade inspector or
aid de. camp, some person selected by nm Tor
that purpose preside at all elections OF held OIL
ficers in his brigade; and alter the officers shall
have assembled and organized; and before proceed
ing the election Of any officer, the order TO as,
semble said officers with the return thereon, snail
be read in the presence and hearing of said meeting;
and lift shall appear that due notice has been given
for said meeting, they shall then proceed in their
election.
SEC s. I, shall be the duty Of the commandant
of regiment or one Of the field officers personally,
or by some person selected by the commandant of
the regiment for that purpose, to preside at all eec-
tons Of captains and lieuenants their respective
regiments and after the company shall have as
semblcd and been paraded, and before proceeding
to the election Of any officer tho order to assemble
read at the head eff said company; and if it shall
appear that due notice has been given for said
meeting, they shall then proceed in the e election.
Sec. g. Any person thinking himself aggrieved
by the proceedings in relation to any election OF
commissioned officer in the militia, may appeal, il
on the election of field officer, to tho commander
in chief, and if on the election OF captain or lieu
tenant, to the commandant of the Brigade in which
such election has taken place; and the commander
in chief and tho commandant of the brigede as
aforesaid are respectively authorized to hear and
determine any such appeals and if the proceedings
i'll relation to any such election are, in the opinion
of the officer hearing the appeal, illegal, he shall
declare the election void and another shall be had
to fill the vacancy.
Prouidod, horecer, That notice of every such APP
peal in the case of captain or lieutenant, shall be
gwen to The person elected, ana Inc comfnahdant
of the brigade, within five days after the election
and no commission shall, in any case, issue to any
captain or lieutenant, until five days after his cleo
ton shall have elapsed and in case of an appeal
as aforesaid then NOT until such approval shall have
been determined and in case of an election of any
field officer and an appeal thereupon, notice shall
be given to the person elected, and to the COM
mandant of The brigade, well as to the comman-
der in chief, within fifteen days after the election
and no commission shall, in any case, issue to any
field officer, until fifteen daysafter his election shall
have elapsed; and in of an appeal, as aforesaid
then not until such appeal shall have been deter
mined.
CHAPTER xIv.-Warnisgs and Orders.
SEC. l. Whenever the commanding officer of
any company shall call his company together, as is
required by this act shall be ordered do by
his superior officer he shall issue his orders there
fore to one more of the commissioned officers
if there be any, and if not, to one more of the
privates belonging to his company, directing him Or
pear at such time and place shall be appointed
and every such person persons who shall receive
III