Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1861-03-14

AN ACT 10 amend the Seuentieh Chapter of the Revised
"a. Code 81 Militia -

of the age eighteen years. and under the age OF
years and who reside in the State of North Caro-
ministers Of the gospel shall be enrolled in the MI
a of this State by the captain commanding officer OF the
reside the officer shall notify such free white males
and apprentices of their enroments
officer of his company, and by whom said no0e shall De
proved.
SEC 2. Be 1t further enacted That whenever vacancy
shall the office of msorgeneral the shall be
filed by the plurality of the written votes of the tie stan
and commissioned officers of the division the election to be
held at time and place to be designated by the adJutnt
general and whenever vacancy shall occur in the office
of brigadergenera the shall be filled by the hed
staff and commissioned officers OF the BRIGADE unoer Le
rules and regulations herein prescribed Tor te
election of ma0 general and the governor shall commits
SEC 8. Be 1t further enacted That whenever there shall
be vacancy in company of the commissioned omcefs
to command the SAID company ana upon an {
been ordered in said company there shall be failure TO eject
captain and other commissioned olcers TOR the company
either the failure of candidate for said office or from
the neglect refusal of the company to elect and Whe
there are no suitable persons ID SAID company Who are WI"
ling to accept the appointment Of commissions III the com
pany after being elected appointed to the same snail
be the duty of the colonel or other COMMANDING oHcer IL
the regiment to which sal0 company atacnea OF II ue
is commander Of said feglment then 1t snal De me duy
Of the in whose brigade said reg nent De-
longs within thirty days after said election shall have been
ordered by him. the neglect refusal OF said company
to elect company officers either from the want of cand
date for other and he hereby author zed and
required TO appoint some BIT and suitable person 10 act as
captain other commissioned officers to supply said vacan
cles IN SAID company Tor the space OF Two years from e
said appointment, whose duty shall be to accept
said appointment and captain other commits
stoned officer in said compay for two years from the date
thereof who shall be and have all powers
and other company officers now nave ana are
liable for by law and if any person so appointed shall neg
ect refuse to accep said appointment or shall fail to re-
ceve said commission when rendered to him. and qnay
said ofcer within the of thirty days from 5e time OF
his appointment and commission rendered he shall erte
and pay the sum OF fifteen dollars appoDtfd TO the once
OF captain, and ten dollars appointed 10 any other
place commissioned officer n the company, tor such
neglect or refusal which pens small be recovered Dy
be justice peace the OF the
State, by the officer making the appointment 0nehth to the
use OF the c suing and the other TO me use
Of the State and shall be the duty OF the said command
ing officer of the regiment in there Is nose, then
shall be the dny of the ID hose regiment
said company belongs with thirty days to make
new appointments of other IN sad company liable
to do military duty to said officers and so on under ike
penalties until suitable officers be found who shall &C
cep said Offices: PrOUided tn person shall be appoint
ed who not liza lie to do military duty and no person VINO
has been appointed and refused to accept ard who has
paid the forfeiture who has served two years. shall be
compeiled TO serve or be liable To be appointed aga WIN
in five from said refusal appointment: rOUtded
That no person who member Of any organic volunteer
fir company this shall be compelled to
whilst he is member of said company PTo0tded turer
to equip himself with any the equipment required by law
for his said ice except sword and belt cap and plum
age epaues and blue rock and pants OF homespun
other texture with white metal buttons aud Pro-
oded further That he shall be released from the payment
OF poll tax from working the road and from serving on
jures during his continuance in said Office.
SEC 4 BE 1ttTther enoced That any field otcer other
accept such office to which he be elected or appointed
shall forfeit and pay the sum of fifty dollars.
SEC g. Be 1t further enacted, That hereafter whenever
any vacancy shall any regiment of colonel euen
antcolone or major the same shall be filed by an election
of meeting for regment muster in their respective cou
ties on designated by the adutant under the
superintendent of the captain AID first lieutenant OF each
company who shall inform the governor of the resu of
said election and be shall issue Commission to the officer
receiving pnral y of the votes Gait
SEC Be 1t further enacted, That the commandant of
each regiment shall assemble his regiment in each
and pay one hundred dollars aud each captain or com
mandant of company shall assemble his company four
times in each year for drill and for failure of this all for
felt the Of ty dollars, and at said drills all
quired perform military duty shall appear person and
not be allowed to hire substitute;
SEC. l. Be 1t FURTHER elacted That every commandaut OF
regiment shalt the 18th day of October, in
each make of the strength of his regiment to
the brgader general of the brigade to which such regiment
belongs and shall make duplicate return to the adjutaL
year. and he shall note in said return whether his
has been reviewed By the major and hrgader ana
y and pay one hundred dollars
SEC g. Be ufer enacted That the tax list shall have
column headed military roll to be prepared by the comp
troer and that the tax list takers shall annually include in
their list the Of the in their scts between
the of eighteen and fortyve years, liable to be
rolled for military duty and it shall be the duty OF every
white person who shall give i'll his taxabes to report hme
oath for enlistment who is liable for military duty and
every White person who shall return his taxes shall also
who shall be liable for military duty.
SEC. 9. Be 1t further enacted, That the tax list takers
return the lists to the clerks OF the county courts and
by them the names of such liable to military duty
shall be drawn of the district in which they live specified
regiment and also to the captain the company each dis
rct and the clerks shall receive the of five dollars tor
their services to be paid by the county treasurer.
SEC. TO- Be 1t fu ter enacted That whenever any
pany shall he dsOganZed that there commissioned
company officers to command the same and no regular roll
OF said company the muster roll not produced will
twenty days after the required by the commandant
OF the regiment the or the sheriff OF the
county, after public notice shall have been given
paper circulating in said company notice given at the
courthouse door and three other places said company
then shall be the duty of the commandan of the regiment
or 1t there be such then shall be the duty of the
shall then be the duty the sheriff the county, between
the first day of April and the first day of July each and
every year. upon the order OF the adutant general W tc
and lie nljVlnU
II SAID company or regiment to enroll all the white males
within the bounds of said company between the ages
eighteen years and foryve years liable do military du
y and order the persons enrolled appear within thr
held their company the purpose of holding
election for officers tor said company and the person
employed and detailed shall have power and authority,
shall be his duty appoint proper officers
for that day assist him. who shall each forfeit pay
sum of dollars to be before anv Justice of the
by the person detailed, onehalf the
and the other half to the of the State for
neglect or refusal and shall be the duty of the person
employed t. call the roll and all deinquents he
shall hold an election and report and return the result
the same to the commanding officers of the regiment the
brigadergenera the sheriff the may be. who
shall proceed as heenbeore this act ordered in section
9th OF this chapter In of election the officer per
to whom the made shall to hi
superior officer or in OF the sheriff to the dutan
era and in any the parties enrolled and notified t,
neglect refuse to attend on the day appointed
for said election he shall forfeit and pay the of
dollars by person detailed by
in the name OF the State before Justice of the peace
said county onehaf to the of the person detailed
employed to make such enrolment and election and thu
other half to the of the company for military
lie Sec IL. Be further enacted that there shall formed
volunteer corps the State consist exceedin
ten thou and who shall be subject the call of tn
commander chief in of emergency PrOuided hooo
ere That the governor shall be authorized to enroll twenty
thousand additional under the rules AMI
as hereafter provided for the volunteer corps
case of actual war.
~ SEC H. Be tfther enacted, That the said corps of vol
uneers shall be composed of divisions and four brg
ades that each brigade shall composed of
two regiments that each regiment shall be composed
less than six companies that each company shall be
posed OF not less than thirtytwo pvaes, thai
one hundred.
SEC l3 Be futher enacted That the said corps sha
be ocered by two ogenerals be elected by tn
rank and file of the DIVISION under the rules and
he cd for-4n CT