Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1857-04-23

when any fines are assessed By reason o. any in
traction of such constitution and bylaws, such
company may have process before any court Of
competent jurisdiction in tie name Of the State
for the use Of such company, and prosecute 10 g.
tal judgment and execution, al such fines and
penalties provided for by such constitution or by
laws; Provided that said constitution aud bylaws
are not inconsistent with this act or the contitu-
ton Of the United States aud Of this State; Pro-
vded, also, that in no case win the State pay any
costs Of said prosecution.
Sec. IL. That all military commissions issued,
except the Quarter Master General, Adiutant Cen
eral, Paymaster General, and aid-de-camp to the
commander in chief, shall expire IN five years from
the date thereof Provided that any officer hold
ing a commission under the provisions Of this aci,
who may be reelected to the same Office, shall
retain the same rank as he was entitled to under
bis former commission; Provided also, that moth.
ing in this act shall be 50 construed rs to dsquafy
any staff officer, or any officer Of the line from
holding a commission after he may arrive at the
ago OF forty-fye years: and, further provided that
every officer who shall remove out Of the bounds
Of his command, or who shall be absent from his
command six months, without leave of the COM
manding officer Of his brigade, shall be consdeEed
as having vacated bis Office, and new election
shall be held without delay to fill the vacancy 50
created; Provided that nothing in this act shall
be so construed or understood as to prevent any
appointed officer from being removed from his Of.
fee, wherever in the opinion Of the officer ap-
pointing him, lie shall deem it advisable to remove
him.
UNIFORM.
Sec. IA. That the uniform Of all companies,
now organized ur hereafter to be organized, and
officers to be hereafter commissioned shall cores
pond and conform TO the uniform prescribed by
the present regulations of the United States army,
except the coat of arms, which shall be that Of the
State of Ohio; Provided, companies now organ.
lied and uniformed, and officers now uniformed
shall be privileged to retain their present uniform
for the period of five years from and after the
passage Of this act and further provided, that ev-
cry commissioned aud staff officer, except Chap
lains, shall Uniform themselves in four months
from the date Of his or their commissions, and
every noncommissoned staff officer shall uniform
himself within four months from the date Of bis
appointment, ana every member of any volunteer
or Independent company shall uniform himself
within four months from the organization of such
company, or from the date when he attached
himself to such company,
MAJOR GENERAL MAY ORGANIZE COMPANIES.
Sec 10. That whenever there is no brgader
General in any brigade, the Major General Of
said division shall discharge the dulesof Brgadier
General, as far as may be practicable, by giyiay
orders to raise volunteer or independent compa-
MES and organize them into regiments s1uadrons
or battalions; Provided, when any brgadier or
Major General issues an order to raise any volun-
teer or Independent company, said General may
confne the raising of such company to be raised
within the bounds ofany city or ward or wards,
towns or townships, which may be within the
bounds Of any brigade,
UNIFORM COMPLETE
Sec. 1G. Every officer of the line and staff
and every officer aud soldier of any volunteer COM
pany, shall provide himself with uniform com
pIete, as required by law, and each commissioned
officer shall also provide himself with suitable
sword, and the arms and equipments of the off,
GERS and soldiers shall be held by them free from
any and all process whatever issued in any ciyi
case, and every member Of volunteer or indie
pendent company, and every commissioned auC
non commissioned officer while serving as such
shall be free from arrest on any civil process
while going to, and during the time while attend
inc and returning home from any muster or pa
rale; Provided, however, that such member o
any volunteer company or commissioned Officer
shall only have a reasonable time going to and
returning home from such muster or parade,
FINES.
Sec. II, Every non commissioned officer
musician and private who shall refuse to appear
fully armed aud equipped On any day of muster
required by this act, SHALL for every such refusal
or neglect, shall pay the sum of one dollar for ev.
cry company muster, and two dollars for each days
brigade or encampment muster.
ASSESSMENT OF FINES BY COMPANY OFFICERS.
See. Is. It shall be the duty of the com
mandant of each volunteer company, together
with the commissioned officers of his company
within ten days after each days company muster
required by this act, Provided, in their opinion
such delinquent should be fined, to make out a lis
Of delinquents, particularly noting therein the fine
assessed on such member of his company, and fo
what cause; a copy of which list shall forthwith b.
returned toa justice ofthe peace of the proper town
ship; such Justice, on receiving such list, shall
forthwith issue a summons against such delinquent
named in such list, naming day, not more thai
eight, nor less than three days from the date o
such summons, in which the defendant shall ap
pear at the place named in such summons, befor,
such Justice, and defend, and in default of an ap
pearance, in person, or by agent, or counsel, and
shoving Of legal defense, such justice shall ren
der judgment in the name of the State for th
use of such company, for the amount shown b,
such list to have been assessed against such delln
quent, and the commandant of company sha
call the commissioned officers Of his company to
gether, within five days after each company mus
ter for the purpose of assessing the aforesaid fines
Provided, That all persons feeling themselves ag
greved by the decision Of such Justice, shall hav