Year: 1871



 correct account of all monies thus received and all monies deducted by him from the pay due to any member Of bis company, section or band, under this act, and the manner in which the same shall have been appropriated, which account shall at all Ftimes be opened to inspection to the field officers of the regiment to which such company, section or band is attached. -

 See. SS. No member of any military company section or band, snail be released excused from the performance of militory duty, by reason of an appointment in any fire company or fire depart. ment, without the written consent of the com handing officer of such military company section section or band.

 CHAPTER VIII.

 Of Governors Guard.

 (The 90th 91st and 99d sections of this act were

 passed in 1803.)

 Sec. 89 The several companies of guards shall be filled from time to time by voluntary enlist ments; but no enlistment shall be made from any company of active militia organized under this act.

 Sec. 90. The commanding officer of any com pany of guards may order the musicians of said company, or any part of them, to assemble for practice and instruction, at such places he shall direct, and at such times, not exceeding, togeth- CT with the number os days on which such mus- clans shall be called to duty with their company, the whole number of days on which said company may, by law, be called out for company exercise; and if any musician shall neglect or refuse to obey such order, he shall be liable to the fines prescribad by law for non- attendance on days of ordinary company exercise; and such musician shall have the right to appeal allowed by law in other cases.

 Sec. 91. The certificate of tho commanding of fcer of any company of guards, if made under oath, shall be evidence of any all forfeitures in- cured by the members of such company; and if any forfeiture incurred under the charter and b., laws of said company shall not be paid within ten days after it shall have been incurred, the con- manding officer of the company may collect the nf 6oh in hic name; and shall have process of attachment and execution against the body of the delinquent to be proceeded with in all respects as in actions of tort; and all such forfeitures, when discovered, shall be appropriated to the benefit of the com- pany, and whenever any commanding officer shall die, resign, or be removed from office, all actions which sh all have accrued, or would have brought or continued by his successor in office.

 Sec. 92. The commanding officer of any com pany (of guards may dismiss from his company private, belonging thereto, who shall be guilty of gross neglect of duty, disobedience of orders or unsoldier-like behaviour; and the person so dis missed, shall be liable to be enrolled in the same manner as if he had never enlisted into such con- pany of guards; but if any such dismissed person shall be aggrieved by being dismissed as afore- said, he may, within thirty days after receiving notice of his dismssion, appeal to the commander ln-chlef, who may examine into the matter and annul or confirm such dismission.

 Sec. 93. Every officer, musician and private of any company of guards. who shall conform to the provisions of their charter and bylaws, shall have each year he shall so comply with the same, and if he shall regularly perform military duty, in ac- cordance with said charter and bylaws. for the period of five years, he shall be exempt from q poll-tax fer the time being; and the commanding officer of either company shall grant certificate to every non-commissioned officer, musician and private of his company, who shall have compiled with the provisions of said charter, and such cer- hQ n hn

 Sec. 94. Each member of any company of guards, which shall parade annually ill the month of May, or shall at any other tune do active duty, by order of the commander-in-chief, and make return to the adjutant general, shall receive for such duty the same per diem, compensation and mileage, and the same sum for each horse used on parade, as is allowed to the members of the active militia, which shall be made at the same time and in the same manner as similar payments required by this act to be made to other compa- nie; and such company shall be provided with an armory, ana each duly enlisted member of such companies shall be allowed thes same amount for uniform in the same manner, and upon the same terms and conditions as provided in this act, for companies of active militia provided however, that nothing contained in section S3 of this act | shall be applicable to any compDy of Governors Guarde. | Sec. 95. The commanding officer of each com pany of guards shall, annually, in the month oi November, report to the adjutant-gererrl, a list of the officers, musicians, and prvates, beiongiDg to his company.

 OF PROCEEDINGS IN CASE OF ALARM.

 Sec 96. The commander chief, or in his ab. sence the brigBdier general, may on an alarm in- vasion- or notice of the appearance of an enemy either by sea or by land, order the whole or any part of the militia of the State to assemble, and may lead, order or employ them for the assistance or relief of any of the inhabitants of the State at- tackled by an enemy, or in any danger of being at- | tackled and may issue and publish such orders as he shall judge expedient to carry into execution the intents of this act, and all subordinate officers shall yield entire obedience thereto and the off cers commanding regiments and companies, shall | have the same authority within their respective commands, but when either of them shall find It necessary to order out the force under his con- maud he shall forthwith dispatch intelligence ol such order, and the occasion thereof, together with an account of his movements and operations to the commander chef, or to any of his supe- the public safety; and the officers receiving such | intelligence shaH observe the same line of con. duet, in order that the information may, in the most expeditions way, come to the commander-in- chief; and when any company, regiment or brig ade of the militia of this state shall be ordered into service by the proper officer, on any alarm, each hnon-commissiOned officer, musician and pri- vate, who neglect to appear at the place of ren- dezvous, in person or by substitute, and join the company to which he belongs, shall be taken tc be soldier absent without leave, and each non l commissioned officer, musician and private shal have the same notice, when ordered into service | by company, regiment or brigade as is provided l in this chapter for those who are called out by attachments.

 Sec. 97. The commanding officer of each com pany shall, immediately after detachment com pany, regiment or brigade shall be ordered tt rendezvous for service at any particular time of abode of all the persons under his command who shall have incurred any of the penalties pro