The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1864-05-05
of Wisconsin.
Published April 4, 1864.
CHAPTER goo.

CHAPTER goo.
AN ACT to amend chapter 242 Of general tSs
1888 entitled "an act to provide Tor the ehf on 81
of persons liable to perform mutaTy duty' anu W
anjastiop Of the state militia for active service
The ,eo1le ofthe State of Wisconsin, repre-
senfed an senate and assembly, do enact as
section one Of chapter two hundred and
the general laws Of Is So, entitled 'an ac'
~ rovide for the enroll OF PsIaoss he STATE
70 jlitarv duty and the organization Of Tue
form 90 sctive service, is hereby amer oeI Dy s
. tbe word coIone in the lneg Z: - tIra
ing Ot the word .'br gadieT general ~ l. ~.
" ,us una ~ striking out tie word 'heu'e"A" IL 'A
eighteenth line ~ oftbis act aforesaid is here
Section z, o eS ~ read as follows; 'lhe quarter
by amenueo ~ i,il discharge the customary auties
AlI7h'i - ana in addition buef7IV 80 - ~ -
per'an 70 t re shall have the charge oil the military
OF I'd The state, and II shall DC ms Uuty 70
PIT ,ia, all such properly as nl@y ~ AZ ay e
IuLy seession TO repair, preserve ana account lor
~ Hi9 t{a shall also keep an account OF al mon
tle eivad and expended by HIM Inc manner OF
keepiuy such accounts shall " W - ~ 30 in
de7.in chief and shall always DC s9DJse1 70 ~,
ttt he shall on before the lat cay OF Oc.o-
- 4, each year. make TO the governor, 20 Ue "
laid before the lsgisatu tepoT % on a report
800 Of his department since MS lsst annual ~
4sining an account Of all moneys rscelS 81 % .
Tended by him. an account Oh an lnilsI IA Fremsin
eYey oes1i - Ists ri bis last annual report 70
aiber with such IS may have come nv 60 = hat
sion subsequently TO such u".S' issorn ;ssued or
slrrces lie same had been resely5u 70 H. di lion
,ad and on Isl hose order, wan tAc
f,l,t rroperty on hand also 81 atsieLy t iIiferS
the possess0n and condltioh ~ - the military
roIertv as may have been issued uh1et 80 heen
.g ftbs stgte SO far as the same may A4'' O''"
reported to nm. a.. at .foresaid is hereby
2 80 az al To read as follows before sl1eIIns
~ tie d sclarge of the duties Of hls once' u ttTi
neral shall give DoAu 70 o nth act
conn in the sum Of twenty thousand u9at Id
,rartes VIII
err his state. conditioned that lie snali . y
discharge the duties Of ais 0Hce anu ma -, e~son
SaIf-9o his successor in Office, any oLHer PeIS9D
ttcriled Inv law to receive the same, al aTlus,
narca orduanee storesand other property O9Ions's
te the state all books papers, ooHtS rs oaice which
his possession charge, per ~ "a r. AZ anv
bond shall be approved by the governors @D - - -
time the governor shall deem the bono SO gwen 20 oe
in.1aieient he shall require the guar 1eI 1aoei g.
- = rrnisb such additional security as ne may uee
afcent and If the quarter master general shall re-
fuse or fail to give such security the governor sh'
remove him from oihce' .;5 :. lava
by amended so to read as follows " henesT I.S
Tersons resident of any county IN Inns s'ate Y 81
70 nerform military duty, shall suOSerlOe " 49,, -
~ organzation Of volunteer company or Dattey'
TIC co9uty Judge Of the county, upon such cali oelnS
presented to hin, shall appoint some sultaoe pels'
ident Of the county, to superntend the organ!la-
ti1 of such company battery, who snail orln"l1u
Ar time and place of meeting for the purpose Oh Or
,izipo the same By giving at least ten Gays notice
fhareof by publication in some newspaper puoSheui
E,id county or By posting notices IN tnre9 OF ole
If the most public places in the county
c. SECTION twelve of the act aforesaid is mere
hz a,,anded Ly striking out that part commencing |
WITH the word she in the fourth line, ana ana ena
inc with sshin" in the fifteenth line, ana n ieu
thereof inserting the following: CATER said election
sbHU have been determined, h5 shall make out cer
fed list of the Rapes Of persons constituting
sail company or battery, aud OF the officers elected
and sinai transmit the same, together with copy OF
the proceedings and notice Of said meeting 10 Inc al
jutant general of the S@te " aud by ADDING 70 salo
section the following; Vacancies occasioned by the
death DrOmotion resignation or discharge OF saG com
many officers shall he filed by promotion or the next
ranking officer subject tothe approval OF the commah-
der-in-chief" -,
rec g. Section thirteen ofthe act aforesaidis here
bv amended BY striking out the words, "sixty-two,
IN the ninth line, and in lieu thereof inserting the
words 'forty- three" and by striking out tue WORDS
'sixty-four in the thirteenth line and in lieu There
Of inserting tn words ''iorty- six "
SEC Section fourteen OF the act Aforesaid is mere
by amended so as TO read as follows Each com
tany or battery of organized Tiitia may adopt sueh
ion and bylaws as n majority OF all the mem
hers of such company battery may approve, whIca
shall be binding all the members OF the same ana
whom any fines are assessed by reason Of any niracon
of such constitution and bylaws, such company or
battery, through its commanding oihcer, may nave
process from any court OF competent jurisdiction IN
the mime the state, against the delinquent member
and prosecute the suit instituted, to judgment and
execution pr0Uided that fins shall be executed
under such constitution and bylaws against any mem
Ler for tllful absence refusal to appear properly
armed aud equipped and perform duty, at any OF the
stated times for muster, for instruction, or parade,
exceeding five dollars, nor less thon one dollar; and
exhOnerate an absentee rom penalty named under
the provisions of such constitution and bylaws, up
on reasonable being offered by the delinquent
within week after the cO1mittal OF the odense
and prOUJded FURTHER, that said constitution and by
laws shall not conflict with the constitution OF the
United States AVID of this state nor with the act aoTe
said as herein amended and that such fines and PEN
ales as are provided for in this section, when col
lectcd shall be paid into the treasury part of the
school fund of the state, by the commander OF such
company or battery"
Sec s. Section fifteen of the act aforesaid is here
by amended by inserting between the words, 'com'
pany' aud shall, in the first line, the words, "or
company of drafted militia"
sec g. Section sixteen of the act Aforesaid is here
by amended by striking out the words, board Of mil
iary auditors, in the 1lth line, and IN lieu thereof
inserting the words t'secFe tary OF state
Sec. 10. Sechon13 Of the act aforesaid, is hereby
amended, by striking out the Words may N tn 5
discretion" in the fourth and fifth lines, ana Ia lieu
thereof inserting the word, ''shall"
Soc. Il. Section eigEJee of the act Aforesaid IS
hereby amended, as to read as follows 'Ihe com
manderin chief shall have authority to demand and
receive back from any portion Of the military !orce OF
the state, or from any person orpersons 10 whom tue
same may have been issued under the militia sws OF
the state any arms, equipments other military
property of every description, and when he shall or
der such return of military property, it shall be i'm
mediatey delivered to the officer authorized III such
order to receive the same and when such property
shall again into possession OF the quartermaser
general, or other officer designated receive the
Same by the commander-in-chef it shall be the duty
of the quarternaster general other officer desig-
mated to recent therefor describing its condition ia
-
be delivered to the officer person returning it, one
copy to filed in the office Of the quarermas terNgen-
eraI ard the other in the office Of the secretary OF
state and if the property mentioned in such order
shal not be promptly delivered as directed, the officer
named in the is hereby authorized to take 1t INTO
his immediate possession; and any person resisting
such officer in the perforfoance of his duty as herein
prescribed shall be deemed guilty Of misdemeanor,
punishable by Imprisonment for not less than two nor
more than six months in the common Jail of the
county wherein the offence was committed"
Sec u Section twenty-one Of the act aforesaid is
hereby amended, by striking out all after the word
tissue in the sixth ne and in lieu thereof inserting
the following: 'in which they shall be issued in
the usual i by the quartermaster- general: proUt
ed that the governor may in his discretion, order the
issue OF old unservcable and equip ments in
the state arnory, to such colleges and schools apply
ingOr the ssne for the purpose of destruction in mill
tUry science, in such quantities as he may deem prop
err"
Sec 49, section twenty-seyen of the act aforesaid
is hereby amended by striking out the words "or
rolled in the eighth line, and BY striking out all OF
said section after the word ''by" in the thrtyeghth
line and in lieu thereof inserting the following: "a
written partly written and partly printed notice de-
yered personally lett at the last and usual place OF
residence Of the person to be notified, with some
person Ofsuiablr age and discretion, TO whom the
tents shalt be explained and in of the refusal OF
neglect any commissioned officer commanding com
pany battery, to notify or cause to be notified hi
command in the manner herein prescribed, when order
ed so to do by he COMMUNICATIVE Their officers
authorized to make such call under the provisions
this act failure to appear at the time place Oflen
devious named IN such call prepared Tor Duty as wei
as such subordinate commissioned officers Of the organ
lied militia refusing neglecting to the the time
place of rendezvous, after being dulg notified afOre
srd prepared for duty such officer officers shall be
liable penalty $3.50 and be dishonorably dismiss
ed tI5 service should the comm hef deem
necessary the public good. And any non-comms
stoned officer musician private Of the organized mi
litia after being duly notified, aforesaid, refuses o
negecs to appear at the time and place of rendezvou
properly armed and equipped for duty be shall be ab
10 penalty of $50 For the entorcementa and collection
of the penalties incurred process shall be had from
any court Incompetent jurisdiction in the county wher
tbs defendant - defendants may reside in action t
be prosecuted in the Eame of the state by the dtsric
ttorey OF the proper county upon the complaint
commissioned officer OF the regiment battalion company
or battery ceEer Of thc officers authorized &c MAXI
the call aforesaid; PROVIDED, that shall constitute
good defense to such action, to show rrcgularity il
service of the notice. phys disability to perform
military duty at the time OF service Of notice, dan
gersus sickness in the family Of the defendant st the
time Of service of such notice. absence from a.
the time of service of the notice Aforesaid where alb
sence was not intended avoid the service of the
aud all penalties recovered and collected under the pro
visions ef section shall be by the district attorney prog
q s~,N. ell -a,T4