Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1864-04-23

Sec 8. Section fifteen of the act aforesaid i
hereby amended, by inserting between the words,
| " company" and "shall," in the first line, the
words " or company of drafted militia"
Sec Q. Section sixteen of the act aforesaid Is
hereby amended, by striking out the words " board
OIL military auditors" in the eleventh line, and
in lieu thereof inserting the words "secretary OF
state efee fa ratHe ezi
sec 10. Section seventeen OF the act aforesaid,
IL hereby amended, BY stricking out the words,
"may in their discretion" in the fourth and fifth
lines, and In lieu thereof insert linserting the
| word, Z" SHALL"
sec. IL. Section eighteen OF the act aforesaid is
hereby amended, so as to read as follows "The
| eommander-in-ehief shall have authority to de-
| mand and receive back frem any portion Of the
military force of the state, from any person or
| persons 60 whom the same may have been issued
| under the militia laws of this state, any arms,
equipments other military property OF every de-
scription, and when he shan order such return OF
military property il shall be Immediately deliver
ed to the officer authorized IN such order TO receive
the same and when such property shall again
come into possession OF the quartermaster general,
| or other officer designated by the commander-n-
chief to receive the same, il shall be the duty Of
the quartermaster general or other officer so desg-
nated to receipt therefor, describing IL condition
in such receipt, which shall be in triplicate, one
copy to be delivered to the officer person return
ing it, copy to be filed in the Office of the quar-
| tsrmaster general, and the other in the office Of
| the secretary of state and if the property meu-
toned in such order shall not be promptly deliver
| ed as directed, the officer named in the same is
| hereby authorized TO take it into his immediate
possession and any person resisting such officer in
| the performance of his duty as herein prescribed,
| shall be deemed guilty OF misdemeanor, puuisha-
Bile by imprisonment for not less than two nor more
than six months in the common Jail of the county
| wherein the offense committed"
| Sec. II. Section twenty-one uf the act Aforesaid
| is hereby amended, by striking out all alter the
word 'issne in the sixth line, and in lieu thereof
inserting the following: Gin which case, they shall
be issued in the usual form, by the quartermaster
| general provided, that the governor may in his
discretion, order the issue Of old or unserviceabe
| arms and equipments in the state armory, to such
colleges and schools applying for the same, for the
purpose OF instruction in military science, such
| quantities as he may deem proper" 60 @t
| Sec. Is. Section twenty seVen of the act afore
said is hereby amended, by striking out the words,
+" or enrolled in the eighth line, and by striking
out all of said section after the word, by, IN the
thirty eighth line and in lieu thereof insert lin
sertingl the following: "a written partly writ
ten and partly printed notice delivered personally
left at the last and usual place of residence of
/ the person so to be notified, with some person of
| suitable age and discretion, to whom the contents
shall be explained; and in case of the refusal or
| neglect of any commissioned officer commanding
a company or battery, to notify or cause to be no
tiff. d. his command in the herein prescrib-
| ed, when ordered so. to do by the commander-in-
chief, other officers authorized TO make such call
under the provisions of this act, or failure to ap
| pear at the time or place of rendezvous named ia
such call, prepared for duty, as we'll as such subor
| dnats commissioned officers of the organized mi.
litia refusing neglecting to appear at the time
and place of rendezvous, after being duly notified
as foresaid, prepared for duty, such officer Off
GERS shall be liable to penalty Of two hundred
and fifty dollars and be dishonorably dismissed ths
1 service, should the c0mmanQer-l0-chlef deem ~
necessary fer the public good. And if any non
commissioned officer, musician private of the
ganized militia, after being duly notified as af0re
said refuses or neglects to appear at the time and
place Of rendezvous, properly armed and equipped
| for duty, he shall be liable to a penalty of fifty
dollars For the endorsements and collection of the
penalties so incurred, process shall be had from
any court of competent jurisdiction in the county
| where the defendant defendants may reside, in
action to be prosecuted in the name of the state,
by the district attorney CT the proper county, upon
| the complaint Of any commissioned officer of the
regiment. battalion, company or battery, or either
| of the officers authorized TO make the call, as
aforesaid prOUidsd that it shall constitute good
defense to such action, to show rregularity in
vice of the notice. physical disability to perform
military duty at the time of service of notice,
| dangerous sickness in the family of the defendant
at the time of service of such notice, or absence
from home at the time of the service of the notice
aforesaid, where such absence was not intended to
avoid the service of the same; and all penalties
covered and collected under the provisions OF this
section, shall be by the district attorney prosecut-
ing the suit, paid into the treasury part of the
| school fund of the state
| Sec. 4. Section twenty-eight of the act afore-
said is hereby amended by striking out the word,
| the words, "members of the organized militia " in
lieu thereof, and by striking out the word, afore-
said in the fifth line, and in lieu thereof insert
| ing the words, " enrolled militia"
l. Sec. Is. Section thirty-eight of the act afore-
said is hereby amended by striking out the follow
| ing: Commencing with the word s. army" in the
first line, and ending with the word and, in the
third line; and by striking out the word, there
off,, in the fourth line and in lieu thereof insert
/ linssrtingl the words, of this statei'' and by
striking out the word organized" in the twelfth
line, and in lieu thereof inserting the word, en-
roled, and by striking out the words, E" officer /"
| A the twenty eighth line.
Sec L. Section forty-one OF the act afores said is
| hereby amended, by adding thereto che following
Every commissioned Iand] non-commissiope d
| officer, musician and private OF any company or
battery of the organized militia of this state, shall
be held to duty therein for Eve years, unless
| absolute disability shall occur after joining such
1 or hat he shall be disch Ell "
the proper officer; and every person as aforesaid,
after the expiration of said term, shall be entitled
to certificate of such service, and said certificate
shall be given to all such persons by the adjutant
general; anu the holders of said certificates shall
be thereafter exempt from military duty in time of
/ peace, and from the payment of poll tax"
Sec. II. Section foTtyt of the act aforesaid is
hereby amended, by adding thereto the following;
And the quartermsster general is hereby author
lied, under the direction of the governor, to make
the necessary purchases, and issue to each compa-
ny battery of thesorganiZed militia three copies
of tactics as above prescribed, invoicing and TAX
ing receipts for the same, other military proper
| ty, to such company er battery" Section forty
/ three of the act aforesaid is hereby amended, by
inserting between the words, service " and " if "
in the sixth line, the folowing "exeept the gene
raj staff, whose pay shall be assigned by the gov
| ernor, as hereinafter provided"
See. Is The following shall stand in place OF
section forty-four of the act aforesaid: "No mus
for instruction parade of the organized mill
tia of this state, shall be held or called on any day
during which general special election shall be
held, within five days previously to such cleo
ton, except in riot, invasion insurrec-
tion, imminent danger thereof; and IL any officer
shall orderany such muster parade, he shall for
| felt and psy che sum of one hundred dollars in
action upon complaint OF any person interested to
! be commenced and prosecuted to final judgment
and execution in like manner is provided for in
| section twenty-seven of the act aforesaid herein
amended; and the amount so forfeited when col
ected, shall be paid into the treasury. part of
the school fund of the state by the district attor
| ney prosecuting the action"
Sec 10. Section forty 1--we of the act aforesaid lie
hereby amended, by inserting between the words
"by' aud "the ,, in the second ana third lines, the
following: "members of the generals staff in
| ryng out his orders, and by" ,.f tEar
Sec 20. Section ffty-six Of the act aforesaid is
hereby amended, by inserting the word, "unRe-
eessarily," after the word ssto'' and before the
word ssobstruct," in the fifth line. i- -
Sec Il. Section sixtytwo of the sct aforesaid is
hereby amended, so as to read as follows: "There
| is hereby annually appropriated from the general
fund.- sum sufficient TO carry out the provisions of
the act afore said as herein amended"
Sec. q All acts and parts of acts far as they
conflict with the provision of the act TO which this
is amendatory, are hereby repealed.
Sec %. This act shall take effect and be in force
from and after Its passage. ~
Approved April 4, 1864. BA-C0PY.
Published April 5, 1851
CHAPTER 2o9. t3di'5GI
AN ACT relating to the sale of lands for unpaid
taxes, and amendatory of section ffty-dve of
chapter twenty-five of the general laws Of this
state, of the year 1859
i