Year: 1862

parade which certified return shall be evidenc that the persons so returned have complied wit the provisions of this act.

 SEC. 8. The enrolled militia except thos who may become members of the active mliti; as hereinafter provided, shall be subject to ac tive duty only in case of war, invaslons, rebel lion and insurrection or reasonable apprehension thereof; in which case the Commander in Chic shall order out for active service by draft o otherwise as many of the militia as the necessity l of the case demands. And whenever the Com mander in Chief shall find it necessary to or der out the inactive militia, in fixing the number of persons who have volunteered from each town in such manner that the draft shall be equitably apportioned among the several towns in the State.

 SEC. 9. The order of the Commander in Chief, for such purpose may be directed to the selectmen of any town, who shall thereupon ap. point time and place of parade for the inactive militia in such towns, and order them to appear at such time and place either orally or by lea wing written or printed notices with them or at their usual places of abode, and shall then and there proceed to draft by lot as many volunteers as are required by the order of the Commander in Chief; and return to the Adjutant General the names of such men as have drafted or have volunteered, as aforesaid; and such drafted men

 

 order of the Commander in Chief; and until the enrolment, as provided in the second section of this act as made and completed, the enrolment now made and existing shall be used for the purpose aforesaid; and in case any selecman of of any town shall neglect or refuse to co imply with the order 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 Ad- Jutant General; and any selectmen neglectlng or refuseng to comply with any order from the Commander in Chief shall pay fine of five hun dred dollars for the use of the State and it shall be the duty of all State attorneys to con- mence suit for the recovery of the same.

 SEC. 10. Every soldier ordered out from the inactive militia for active service who either volunteers or is detached or drafted who does not appear at the time and place designated by the order of the Commander in Chief, commu- ncated to him by the selectmen or otherwise, unless he is prevented by sickness or other ina bity, or proves that he is exempt under the provisions of this act or provides some proper and able bodied substitute at such time and place shall be taken to be soldier absent with out leave, and may be dealt with accordingly

 SEC II. Persons drafted for the purpose specified in the proceeding sections and claiming exemption from the performance of active duty by reason of mt nta, or physical disability, shall be rrquired to procure certificate from the sur geon or surgeons mate of the regiment of ac- tive militia within the limits of which such per sons reside, or from the Surgeon General, or from the Surgeon appointed by him in accor- dance with the provisions 0! the fourth section of this act, stating the cause of such disability and no surgeon shall be permitted to take any fee or gratuity for certificates granted as afore said. And incase there shall be any defcian- cy in the number required to be drafted for any reason it shall be the duty of the selectmeh to continue drafting until the numb required from any town is full and complete.

 SEC. l2. When the enrolled militia are or dered out or have volunteered and while they are in actual service as specified in section nine of this act, they shall be organized by the Com. mander in Chieiin companies, regiments, brigade and divisions, which shall be numbered and recorded in the office of the Adjutant General, and shall be governed and disciplined according to the laws of this State and of the United States; and this State shall furnish arms and equipments for each non commissioned officer and private, and shall pay them while in the service of the State; and when troops are in the field for such purposes, the senior officer of the troops present shall command until the Commander in Chief. or some other officer de- tailed by him, shall take command.