Litchfield enquirer., 1863-01-29

names or SUCH men as nave Ueen uTditeu UT have volunteered as aforesaid; and such draft ed men or volunteers shall thereupon be sub feet to the order of the commander in chief And until the enrolment as provided in the eeond and third sections of this act, is made and completed, the enrolment now made and existing shall be used for the purposes afore said and in case any selectmen of any town shall neglect or refuse to comply with the or der of the commander in chief to draft it shall be lawful for the commander in chief to detail such person as he may think proper, to execute such order at the expense of such town, and make return thereof to the adj jutant general
 SEC '. Every soldier ordered out from the active militia for active service. who either vol unteers or is detached or drafted, who does not appear at the time and place designated by the order of the commander in chief, communlca- ted to him by the seectmen or otherwise, un- less he is prevented by sickness or other ina bility or proves that he is exempt under the provisions of this act, or provides some proper and able bodied substitute at such time aud place, shall be taken to be a soldier absent without leave, and may be dealt with accord ingly, and shall, at all times, be liable to enter the service for which he is ordered, whether the quota which such person belongs,is full or not
 And it shall be the duty of the selectmen in the several towns in this state, upon the com pleton of the draft which may be ordered Ill their respective towns, to secure the attendaIlce of the persons so drafted, at the time and place or rendezvous appointed in the order of the commander in chief; and the 'selectmen, Ii IL shall be necessary in the performance oi saeh duty. may take charge of such drafted persons, and may command the assistance of the con stables of the town or of any other person to secure the attendance of all the persons so drafted at the time and place of rendezvous appointed in the order of the commander ih chief as aforesaid i; and any person who shall. when commanded by the selectmen, or either of them, refuse render his assistance as aforesaid shall be punished by a fine of seven dollars, or by Imprisonment in the-county jail for a term of not less than ten nor more tLan thirty days, or by such fine and Imprisonment both.
 | And when any number of the persons so
 drafted from any town shall fail to be present
 at the time and place of rendezvous as afore-
 said. the commander in caef may, at any time, nos less than three days thereafter. issue his | order requiring another draft to be made Ill such town, to supply the deficiency.
 SEC 8. The commander in chief may ap
 point the necessary number of post surgeons and assistant post surgeons to examine the persons so drafted and decide upon their abil- | ity to perform military service, who may grant certificates of exemption, particularly spee, l fling therein tie salse there ,t. anl who saal
 b~St..lid put of the treasury of the state such reasonable sum TOT rhrir -s;s---4as may be
 fixed by the commander Tn chief, unless they
 shall be paid for such services by the United
 States; and if any one of such post surgeons
 or assistant post surgeons shall receive any | bs cory
 yratnity therefor, or shall knowingly grant any certificate of exemption on account ot disa l biity not existing, he shall be liable, for each
 and every offence so committed, to fine o
 five hundred dollars, or to be imprisoned III the 1 county iail for term of six nonths, or suffer
 ,ch fine and imprisonment both. And any
 certificate so granted may be revoked by the surgeon general, and all certificates Of exemp
 ton heretofore granted are hereby revoked ol
 annulled
 Persons hereafter drafted and excused or
 account of disability, shall not be re-enrollet l until the next annual enrolment in their re l spective towns And if for any cause there I shall be a deficiency in the number of persons
 required to be drafted from any town, 1t shil l be the duty of the selectmen of such town te
 continue drafting until the quota is full ant fc,mplee.
 SEc g. If any selectman of any town shal | neglect or refuse to perform the duty requlrel | of him by the second, third fourth and seventh sections or this act, or snail neglect or refuse | to enroll any person in such town, subject te enrolment, as one of the inactive militia, oI shall knowingly strike from the roll the name o any person 50 subject, or shall neglect or re l fuse to comply with any order from the com
 mander in chief respecting draft, ae shall pay a fine of five hundred dollars for the use of the state; and 1t shall be the duty of the
 attorney for the state, in each county. upoi knowledge of any such neglect or refusal upon | the part of any selectman within the couaty | to commence suit against such selectmas for l the recovery of such ine, by an action on the case founded on this statute.
 SEC. 10. Any company of active militia or yanized under. the provisions ot the act to which this is an addition, Is hereby empowered to enact by laws for its better government and discipline, which, when approved by the, maJor general, shall be binding upon the members of such company, and the penalties thereof may be enforced in the same manner as the penal les provided in the twentieth section of said aat . SEC. H. The active militia of the state shall not be likely to be turned over into the service of the Uni ed States for the performance ot military service out of the limits of this state, for d longer time in all than three moaths, in any one year, and they shall consist of no. more than ninety companies.
 SEC. l2. The first, second, fourth, fifth, eighth. ninth, tenth and eleventh sections of an act entitled An Act relating to the Miii,ia, approved July l0tE, 1882, and so much of the remainder of said act as is inconsistent here wilh. are hereby repealed; but the recovery ot any fine forfeiture, penalty, or deb; incurred by reason of the violation of any of the provis ions of said act, or the collecuon and enforce ment of any commutation or other tax provi ded for therein, shall not be affected by this ,tct.
 SEC. B. This act shall take effect from tae day of its passage.
 Approved. Dec 24th, 1862.
 CDENrEp