Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1840-09-10


from aud after the period when he shall have been
duly notified fins enrolment; aud any notice or
warning % the ci izcns so enrolled 10 attend a c im. /
pany or regtncltal muster OF training, which shall
gwen, Tor mat purpose, snail be deemed a legal no
uce ofhs enrolment.
pod. That the o hccrs, non'commissionod officers
musicians, aruhccrs, x pryotCs,uf vol tcCrs and mil. !
tia, whea called into the service Of the United
States, m the manner aud under the ctrcumstancCs
referred to, shall be entitled 40 and receive the same
monthly pay, ~ratious, clothing OF moRoy IN lieu
thereof and forage, aud be furnished wl,h the
some camp t~quipage, as are or may De provided by
il7w for thcohiccrs, musicians att ccrs and pr,ya-
ties Of the Infantry Of the United States; provided
nevertheless, that such portions. ofthe militia as
may Pee called out, as provided undcr the 18th head.
sInii not be entitled TO receive clothing, or money,
IN lieu lhercot nor shall any officer OF the same be
"uutt"d to forage, or money instead, for more han
one horse, nor for more than one a. yauteach.
2Ji That the officers 1T al mounted corpanirs
volunteers or militia, When IN the service cf The T.
n:ter Sfa'cs, snail each be cnu'lcd To recCNe.OTage,
Tor money 10 lieu thereof, for Two horses when
ih'y actually Keep private servants, and tor one
horse wGCn without private servants; and that for
~ cents per day be allowed tor tire use aud RISK of
each horse, except horses kllcd In battle, or d ing
OF wounds received IN battle. That each nOn-cOm
mlssiorCd officer, MUSICIAN, ]aTticCr and private. Of
all mounted companies. shall! b" Cnuilcd 10 receive
forage Ia kind for one horse, with forty cents a day
for the use and risk thereof except horses killed IN
hatuc, or dying OF wOun : received IN battles; and
= cts per day IN lieu OF forage and Subsistence.
whCn the same shall be furnished bY himself, or
2l-2 cents per dUy for either as the case may be
9Th. Thatany officer. non commissioned officer
fHhhaNAs NlNelaAans y hlANAAt u tlliltlh Ut NNlut
tccrs, required to Re mounted, who shall, when IN
the service ofthe United, guii5r, without any fault
or negligence on his pat, while IN sand service. by
The lass Of a horse killai IN bottle, or by n horse
diving OF wounds received IN battle, shall UPON
due aud sufficient proof thereof, be paid for the
sanici provided, tnat not more th5n one h1ndred
aud twenty dollars be paId for each horse for which
payment may be thus claimed.
25'h. That the officers, n0n-"om officers.
~n-uicers musicians, aaC oryates of the mi i,ia.
when called MO the service Of The United States,
shall be entitled to one DAVIS paw. subs stcncc, and
.ufuPf allowances. Tor every day pcrtutgd nt.p
transported by water, and Tor every twenty miles
when travelling by land, IN going to the place Of
rendezvous, and returning from the place Of dis
charge; provided that the militia so called into the
service ofthc Unite States shall be decmcd always
70 ties.
18th. Tha, when any officer, non commissioned
officer, %aTtlhcgr, musician, Or private of the miIltia
or q volunteers, who shall die IN the service Of the
United States, ~ when returning 20 his place olres.
Iicucc, after h. ing mustered out of service. or at
any ulic thereafter, IN cons. que~cC 81 wounds re-
ceived IN service, and shall loayca widow, or, irno
widow, a child or children under 10 years Of age.
such widow, or. II no widow, such chic or children.
shall BE enttIcd 10 receive half the mo- thly paw to
which the deceased was entitled at The time of his
/ death. or at the time of his being mustered ont Of
service, fr and during the term Of five years; and
in case Il hl' death or iutormaruage Of such widow
before the eNplrati II Of five years; the half paw Of
the remainder of he time shall 20 to the child or
children of'ne said e]cCHdeni; provided hat the sec
Re Any of war shall .doptsuch forms ofcvidence, TO
sa5-t1nuate the application for such halliday, as the
| President Of the United States may prescribe.
25th. That court-maruals for the trial o~foficcrs.
| uDn-GJuulNSlDnCu tlltcrS, 0rtttlCGrS. musicians or
lprvntes of the militia or volunteer corps, shali be
composed "tm!hula officers only.'
2sth' That every officer, non commissioned OIL
Ger, ~arlicCr, musician, or private ofthe militia, who
shaH Tail TO obey the orders Of the u. States, in the
ease provided tor the active force, or parts there
| #, Tin the 18th hUad,O shall be fined. ard forfeit q
SUN not exceeding three months pay; nor less
han ha!i a months pay, according {. the c!rcum-
s'ahc's Of The case, asa court marital may de-
ieruInc aCd ihut every officer, non-commisslOuaiof.
hcrr, arui cT, mnsicIau, or private of a c militia
who shall fan 10 obey the orCc.s Of the PTesllcntoG
7 FIT I HHf#A ~FaHEa IN uHr -I FLL - 80. II
18th ana i9tn heads shall fJ,f,t a sum not exceed
IaG one years pay, to be determined and adjudgcd.
according TO- tIc circumstances Of the case by a
court nIFihIi 'Adsuch olhccT shall, moreover We
I ua1ie To be CashlUrCd by sentence Of a court martini;
aud bc lncapac!tatcd from hplalds a comm, sslO.
IN Tue mllna Tor a term OF four yeas AZ the Clscrc.
uon 81 the SAID cOuT and such EQn-CummissIOnCd
officers and pTIvated shall be liable TO be imprIson-
ca, ny TIE sentence OF a court martial, on
failure o! the payment OF fines adindged against
Them Tor ore calender month, for every fl dollars
Of u,li hUC.
2gJh, That all fines ASSESSED, as described in the
preceding head, shall be certified by the officer or
oerlna he court, or the revising authority OF the no
cccd'ng If the court marua, having approved Ofthc
same, - the marsh .lot the district IN winch the de-
AGguent shall reside, oI to one OF his deputies, ana
take a rccC 81 from the sand marshall or deputy, a.
~, case may De- Tor he sal"ti whlSh RECEIPT and
duplicate tic C~"rIhcgtc furnished, hcsAall iTans-
mat Tor record 20 the %atJItant general Of the mill
ga 81 The /. states. that the marshall, or has depu-
", having received the SAID certificate, shall forth
with proceed to levy the sand fines, with cost, by
1'SHess Uhu SAFE oI TIE iO1HS ana Chatle.s oi The
lClIGqIent; Inch costs, and the manner Of proceed
Ing wan respect to the sale OF goods dlsiTaluCd,
snail be agreeable 10 the laws of the State IN which
the same shall be, as IN other cases Of distress; and
when any non commissioned officer or ITlvate shall
se ddJudged 10 suffer imprisonment, there beng
no goods or chattcis 10 b. found whcrcon L. lew
the sand fines. ire marshall Of the district or his
! deputy shall commit such d,luauent To iai! during
the term Tor which he shall he 80 ~auiudged TO i'm
pusOHment, OF uhul the hnc shalt be pad, IN the
same manner az other persons condemned TO fin,
ana Imprisonment at the SUIT OF the United states
may be committed,
Thut,he maGshalis and their deputies shall make
a return Of the levy Of hne-, as provided for ia the
foregoing head, To- the adJutaut general Of he mill
ia OF the United Siafcs, within sixty days, counting
rom the time that the CCTuh ate Of the assessment
ot me sara hnts Is placed ~ thclT hands; and they
shall also pay INTO the hands OF the said adlutani
general, within, thu above named limit e ,inIc, al,
hhca ny lhlm mus levied and collected, dcdurtnE
ihetciTom i've per cenium as a compensation for
thoT troubles and in case any of The sad maTshails
or their deputies shall iall to- make tho required Re
turn, or pay over 10 the adjuiant general ut the MI
IiIa OF the United States Tho fines collected. within
the time above specified. u shall be the duty of the
SAID ad. utdnt genera To IuioIm the Solicitor Of the
Treasury ui the United States Of the same, who
should be REQUIRED 10 instruct The district attorney
marshall or deputy IN the district court 10y attach
naent tgT the recovery OF the same.
p jlst. That the marshals and thgir deputies Of the
several districts shall have the same powers N exc.
utug TIE laws e the United States az sherIfs AID
ihen deputies ~ the several states have, bylaw u
executing the laws of the respective States.
va. That the money OF moneys collected by the
assessment Of fires referred 10 shall Ice applied To
the payment OF all necessary expenses, as far as
he same may bc sufficient, for the repair of the
arms, the preparation and preservation Of militia
munitions, and FOR every other NECESSARY thing Ina,
may be incident "a the calling forth, and TO the ser
wee of the militia, as provided for IN the 18th head.
23l. That the President shall appoint, by anI
with the advice and consent Of the senate Of the
Un' ed States, oac adiutant general OF the militia Of
the L States, whose duty u shall be g. receive ard
keep IN the files Of bis office all the reports and re-
turns of the militia, with Yer arms, aCcoutTcInents.
aud ammunition, made by the adiutants general Of
the respective States dI- tlnguIshIu2 the Fame by
the dIfIcront Il sscs into v hich they are divided: al
50 annually, on OF before the last Monday m Feb
ruary, 10 make an abstract or a consolidated return
! Ofthc same, and lay ~ before the President Of The
[ yearly o. Congress. That " shall be his duty, ike.
wise 20 keep q recOrI or copies, 10 a book provided
therefore, Of all certificate q the assessment Of
fines by the judgements Of mIutia C~OsTt-marial FOR
delInqueuc,s cited "a tho l7th, 18th, and 10Th Of thC
fOrpg ing HCadsi 20 keep a record OF copy Of the re-
turns II the marsh1lls or theu deputies. Of the exc
cutIOn Of process, or the collection Of the said fines.