The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1863-04-30
Laws Of Wisconsin,.
OREECHAL.

< %4s o0kA 80 9ANA W AAN@C 49, 49,
superintendaDce of the county judge and clerk OF
the respective counties, and snail be made by
towns and wards, separately. The SAID clerk
shall publicly place in a box to be provided Tor
that purpose, separate folded ballots, containing
the names OF all persons on said rolls Of the pre-
scribed ages, residing IL the town or ward to be
drawn from, and The number OF ballots cOrrespon~
ding with the number of men to be furnished by
such town or ward, shall be drawn by a suitable
person 20 be designated by said judge, from said
box. Such person shall be previously blindfoided
And when a draft of all said to wns and wards shall
have been made, two lists of the persons so draft
ed shall be made out by said clerk in the order
of such draft, and designating the town or ward
in which such drafted men reside, duly %certIhed,
one of (which lists shall be fled III the ono OF SAID
clerk, and the other shall be deposited IN the OF
fee of the adiutant~gene al.
Sec. 81. The sheriff Of the county shall, withA
in five days after any draft shall be made in his
county. serve a written or printed notice OF the
draft and place OF rendezvous of me drafted mill
itary force, upon each person drafted, by deliver
ing such notice to him personally, or by leaving
it at his last and known place Of residence. Such
notices shall be furnished to the sheriff by the
clerk Of the court, who shall be supplied with suit
able blanks for that purpose, by the ~adjutant
general.
Sec. 81. The governor shall appoint for each
county, ansexaminIng surgeon, Of known expert,
ence, skull and integrity. whose duty It shall be-,
upon the application Of any person who shallhaye
been drafted, to make examination, and determine
if such person be exempt from military duty, by
reason of physical disability, rendering him uu-
fit for military service. Such examination shall
be thorough and if the surgeon has reason to be
lieve the applicant is practising any deception, or
if there is any doubt in his mind as 10 the actual
inability Of the applicant to perform military
duty, he shall refuse TO give such applicant a GERS
tificate. Whenever the surgeon shall determine
that any person so applying shall be exempt as
aforesaid, he shall deliver to him a certificate, cer-
tifying to and particularly describing such disaS
bility. Such surgeon shall keep a registry ofthe
names of persons claiming exemption as aforesaid.
in a book to be provided for that purpose and
he shaiIenter therein the grounds upon which each
exemption IS sought, the fact whether q certificate
OF disability be or benot granted, and, if granted,
d description of such disability. If any examin>
lag surgeon shall be guilty OF any fraud III rela-
ton to any duty imposed upon or required of him
as such surgeon. or ifhe shall be guilty of taking
or receiving any bride to grant or refuse any GER
tiicate of disability, he shall, on conviction, be
punished by imprisonment in the state prison.
for not less than one year nor more than three
years. Such surgeon shall receive for his seTvi~
ces such compensation as the governor may pre-
scribe. TIE governor may remove any xdmining
surgeon whenever in his opinion Justice requires
it.
Sec, 81. Any person drafted as aforesaid may,
within five days after receiving notice thereof,as
aforesaid, present to said judge and clerk his GER
tifcate of exemption, or other proof Ofnon-liabil-
ity to military duty. Where the applicant claims
exemption upon any ground other than official
position or physical disability, such claim, to be
available, shall be established on oath to the sat-
~isfaction of both the countyjudge and clerk ofthe
court. The examining surgeons certificate of
disability shall be sufficient proof in such cases.
Personal knowledge or competent record proof
shall be sufficient IN cases OF exemptions claimed
upon the ground OF official position. When said
Judge and clerk are satisfied that any applicant is
exempt, they shall strike his name from the roll
of drafted persons, by drawing a red line through
the same; and they shall enter it in the margin
the ground Of exemption. Ifauy county judge or
aE,rLr g tho oCurf chill foil n - rac,ren a.. ,0sf,rpo
the duties required of them by this act, or by any
order of the governor made under the authority
conferred by law, the governor is hereby authors
lied to appoint some other competent person or
persons to perform such duties. If anyjudge clerk
or other person shall be guilty of any fraud Ii in res
lation to any duty imposed upon or required OF
him as aforesaid, he shall, on conviction.
be punished by imprisonment in the state prison,
not less than one year nor more than two yours
Such Judge or clerk Tor other persons performing
their duties) shall each receive three dollars for
each days services in the discharge Of the duties
hereinbefore mentioned.
Sec. 81. Any person so drafted may offer a slb~
s~titute, who shall be an able bodied man between
the ages q eighteen and iOrty~ive years, and
shall c~onsentin writing, with the consent of his
father or guardian, if he be a minor,l to subject
himself to all the duties and obligations to which
his principal would have been subject. had he
personally served; and thereupon such substitute
shall be accepted in lieu of such principal,
Sec. "a. The persons thus drafted shall assem-
Die NJ Tic court nOuSe, IL IuGIG D6 OnD. II NOT, ii
the place where the icircuit court hold their
terms,o their respective counties, within six days
after receiving notice of being drafted as aforesaid
for the purpose of being mustered into the service
of the state, and being transported to camps of
duty. As soon as sufficient number of such drafted
men shall have appeared at the rendezvous, to
form a company or companies, they shall proceed
to the election other company officers as in th g
manner prescribed in section twenty>seven Of this
act.
Sec. IS. Any company or companies Of the en-
rolled militia, 50 drafted and organized, may. by
direction of the ommander-fn-chie be en-.
rolled and mustered into any battalion of the or
ganiZed militia, having less than6ve companies
and any drafted men of the enrolled militia, not
organized into companies, may, at the discretion
0fthe commandment be enrolled and mnsa
tered into any existing company of organized
or enrolled militia, not having the full number
authorized by law, and which has already been
called into active service. If the enrolled militia
when drafted into service, shall fail to elect any
officer designated in such call for an election, sucB
vacancy or vacancies shall be filed by appoints
ments made by the commander mischief and any
company or companies of drafted militia, not as
signed to and mustered in any incomplete battale
ion Of the organized volunteer militia shall be or
ganlzed into battallons or regiments, the field off -
GERS of which shall be appointed by the commane
derrin-ehief, such appointments being made in
cases where, in the opinion of the cOmmanderNin
chief, suitable persons can be obtained from the
officers of the organized volunteer militia of this
state.
Sec. Sc. As soon as the required number of able
bodied men liable to do military duty, shall be OBJ
tanned from the list of those drafted, the remain-
der shall be discharged.
OF officers IN ActaUe Serv1ce.
Sec. 81. The commission o fany officer called
into active service, shall continue until the mill
tary body in which he serves, shall be disbanded
by the Ommanderoin>ehie or such military body
shall be relieved from active service tori unless
such officer shall be dismissed or disChurged from
rho gprVIpn nv the nrDDar putbOritN- and No oorp-
missioned officer shall be allowed to resign when
in active service. All vacancies of officers or non~
commissioned officers shall, be filled by appoints
ment or promotion the fret by the commander
i%n.chiei, and the second by the commanding off,
Ger of the troops in such service.
Neglect or Refusal TO Rendezvous.
Sec. 80. Any officer, non>commissioned officer
musician, %artihcer, or private, o the organized
militia thereof, who shall refuse or neglect TO ren>
devious and organize when ordered out or drafts
ed, as provided in this act shall be deemed a de-
serter, and shall be subject to q fine of not less
than fifty nor more than five hundred doll ars, to
be recovered by an action brought by the district
attorney. in the name of the state, upon the certif-
lcate OF the officer or officers appointed to make
the draft, or of the officer ordering out such mem
Der Of the organized militia, before any court of
competentjurlsdietiOn in the county from which
such person was drafted or member enrolled and
the tine SO recovered. shall be paid into the state
treasury, as belonging to the state school fund of
this state and in all eases where judgment for
fines and costs Of prosecution is rendered under
this act, the defendant shall be committed to the
county Jail until the judgment is satisfied pyoUi>
ded, h0aerer, that If, upon application to the couu.
~ judge, 1t shall appear to the satisfaction of said
Judge, that said defendant has been imprisoned in
the cOuntyjail for the period otsix months. and that
he is unable to pay such judgment, the county
Judge may order the discharge of such defendant
from the eountyjal and Procjded. further, that
nothing in this section shall be held or construed
50 as to exempt or discharge such officer or person
from any liability to perform military service, for
the term for which he was drafted, nor from arrest
and trial by the proper military authorities, for
dssertiOn.
Parade of BaIalionS and Regiments.
Sec. 80. Til commander>in.chief shall order a
public parado of all the organized militia ofthe
state, on at least tw a days of the year such pa.
rades to be held within the limits of the regiment or
battalion to which such troops respectively belong |
and such public parades shall be reviewed by the
commander-in>chie or by the officer of the regis