Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1863-05-23

ton Of any person who shall have cen
drafted, to make an examination, and de
termine if such person be exempt from
military dnty, by reason of physical dis
ability, rendering him unfit for military
service; Such examination shall be thor
ough; and II the surgeon has reason to
believe the applicant is praticing any de-
ception, or if there is any doubt in his
mind as to the actual inability
Of the applicant to perform military
duty. he shall refuse to give such appIi-
cant q certificate. Whenever the surgeon
shall determine that any person so apply
ing shall exempt as aforesaid. he shall
deliver to him a certificate, certifying to
and particularly describing such disabil-
ity. Such surgeon shall keep n registry
oil the names of persons claiming exempt
ion as aforesaid, in book to be provid-
ed for that purpose; md he shall enter
therein the grounds upon which each ex-
emption is sought. the fact whether
certificate Of disability be or be not grant
ed, and, if granted, a description of such
disability. If any examining surgeon
shall be guilty of any fraud in relation to
any duty imposed upon or required Of
him as such surgeon or if he shall be
guilty Of taking or receiving any bribe
:, TO 10 n" (, or - refuse any certificate of dis
/ ability, he shall, on CONVICTION, Uo pusI,oi.
cd By imprisonment in the state prison
not less than one year nor more than
three years. Such surgeon shall receive
for his service such compensation as the
governor shall prescribe. The governor
may remove any examining surgeon
whenever in his opinion justice requires
it.
Sec 80. Any person drafted as afore-
said, may, within five days after receiving
notice thereof, as aforesaid, present to
said Judge and clerk his certificate of ex-
emption, or other proof of non-liability
to military duty. Where the applicant
claims exemption upon any ground other
than officia position or ply steal disabil-
ity, such claim, to be available, shall be
established on oath to the satisfaction of
both the county judge and clerk of the
court. The examining surgeons certiti-
cate 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 APP
plica&t 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 in the margin the
ground of exemption. IF any comfy
Judge or clerk of the court, shall fail or
refuse to perform the duties required of
them by this act, or by any order Of the
governor made under the authority CON
terred by law, the governor is hereby
authorized to appoint some other corpe-
tent person or persons % pc. form spch
duties. II any such Judge, clerk or other
person shall be guilty Of any fraud in re-
lation to any duty imposed upon or re-
quired of him aforesaid, he shall, on con-
yiction, be punished by imprisonment IN
the state prison, not less than one year
nor more than two years. Such judge
and clerk Tor other persons performing
their duties) shall each receive three dol
lars for each days service in the discharge
of the duties herein mentioned.
Sec 50. Any person so drafted, may
offer a substitute, who shall be an able
bodied man, between the ages of eight
cen and forty five years, and shall CON
sent in writing, with tho consent Of his
father or guardian, if be be minor,) to
subject himself to all duties ana obliga
tons to which his principal would have
been subject, had he personally served;
and thereupon such substitute shall be
accepted in lieu Of such pri cipal.
Sec. "a. The persons thus drafted
shall assemble at the court house, if there
be one, if not, at the place place where
the circuit court hold their terms, Of
their respective counties, within six days
after receiving notice Of being drafted, as
aforsaid, for the purpose of being mus
tered into the service eff the state, and
being transported TO camps Of duty. As
soon as sufficient number of such draft
ed men shall have appeared at the rem
! devious, to form a company or compa-
MES, they shall proceed to the electi on Of
their company off 'ers, in the manner
prescribed in section twenty seven Of this
/ act.
Sec. IS. ANY company or companies
of the enrolled militia, so drafted and or
ganzed, may, by direction of the COM
mander in-chief, be enrolled and muster
ed into bettaiion Of the organized mill
tia, having less than five companies; and
any drafted men Of the enrolled militia,
not organized into companies, may, at
the discretion Of the commander 10 chief,
be enrolled ana mustered into any exist
ing company of organized or enrolled
militia, not having the full number au-
| therzed by law. and which has already
been called into active service IF the
enrolled militia, when drafted into SER
vice, shall fail to elect to any Office desig-
mated in such call for an election, such
vacancy or vancancies shall be filled by
appointments made by the commander-in
chief; and any company or companies of
drafted militia not assigned to and mus
tered in any incomplete battiIion of the
organized volunteer militia, shall be Or
gained into battilions or regiments the
field officers of which shall be appointed
by the commander chief, such appoint.
ments being made in cases where, in the
opin;on of tho oopomondar -, ob;af emit