Year: 1871



 Sec. 5. When any doubtohall exist respecting the age of any person who shall be enrolled, the burden proving his age shall be upon him. and the enrolling officer or officers shall examine him. and any'Wltnesses in his behalf under oath, and shall administer to him or them the oath presc ribed by law for witnesses; and any person so examined, who shall be guilty of wllful false swearing sshall suffer the punishment by law provided for per- jury.

 Sec. 6. The selectmen of each town. at the time of making the rate bill for the collection of the annual town tax, shall insert therein an additional tax of two dollars upon each person who may be enrolled In such town, except minors and mem- bers of the active militia persons who have served the full term of five years in the active militia, from the sixth day of July, eighteen hundred and slxty-hve; persons who have served in the army or navy of the United States, in the late rebellion, not les than one year, and have been honorably discharged therefrOm; persons who have been honerably discharged from the army or navy on account of wounds or sickness received in service and in line of duty, and all who have been dis charged on account of expiration of term of ser vice; persons who are active members of volunteer fire companies, and all persons who have served as such for the term of five years and all persons who. having served fn the active militia of the State, are legally exempt by reason of their com plance with the provisions of any laws heretofore existing in this State; and upon each other able bodied person between the ages of twenty -one such enrolment. which tax shall be in commuta- tion of military duty and shall be collected at the same time and in the same manner as is by law provided for the collection of town taxes, and when so collected shall be paved into the town treasury; and the treasurers of the respective towns shall pay to the treasurer of the State, on or before the twentieth day of February in each year, the amount of taxes due from all persons liable to pay taxes, under the provisions of this act, as ascertained and determined by the returns of the ajutantgeneral to the State treasurer; and the treasurer of the State shall have the same power to enforce the payment of such Sommuta- tlon tax, as he now has by law for the payment oi State taxes.

 Sec. '. In case of war. or invasion, or. for the prevention ot invasion, rebellion, and insurrectiop or when there may be reasonable apprehension thereof, the cOmmander-in-chief may order out for active service, by draft otherwise, as many of the militia as the necessity may demand; and, Tn apportioning the number to be furnished by each town. may consider the number of. persons who shall have volunteered from such town, and the probable number of persons who will be ex- empted or rejected from disability, or other cause after they shall have been drafted, in such man. her that the apportionment of the draft shall be equitable among the several towns.

 Sec. s. When any person, who may be enrolled shall have enlisted into the service of this State and shall have been turned over into the. service of the United States, he shall be credited to the town where he was last enrolled; If any person who shall be enrolled. and shall enlist or be draft ed, shall be claimed in more than one town, the conImander-in-chief shall determine to which town he shal! be credited, unless the selectmer 

 shall enlist who shall not be enrolled in any town he shall be credited to the town where he may re- side at the time when the commander-in- chief may issue call for volunteers, or an order for draft pursuant to any acquisition of the President of the United States.

 Sec. 9. Whenever the commander-in-chief shall order out the inactive militia, the order for such purpose may be directed to the selectmen of any town. who shall thereupon amend the rolls of the inactive militia, by adding thereto the names oi persons who are subject to enrolment, and by striking therefrom the names of such persons as are exempted by the provisions of this act and said selectmen shall appoint time and place of parade for the inactive militia in such town, and shall or der them to appear at such time and place, either orally or by leaving written or printed notices with them or at their usual places of abode, or by pub in the county in which said town is situated, or in an adjoining county, and bypostin6 like notice on the public slgnposts in said town; and the said se- lectmen shall then and there proceed to draft such number, by lot, from such militia, or to accept such number of volunteers, as the order of the commadsd erln-chlef shall require, and shall return the name of such persons as shall have been drafted or shall have voluntarily enlisted under sad order. to the adjutant- general: and such drafted persons, ol such volunteers. shall thereupon be subject to the order of the commander-n-chief, and if any select men of any town shall neglect or refuse to compl, with such order, the commander chief may ap. polnt some proper person to execute the same, al the expense of such town, who shall make return of his doings to the adjutant general.

 Sec. 10. When the draft which may be ordered in their respective towns shall have been completed the selectmen shall secure the attendance of the persons so drafted, at the time and place of ren- dezvous, which shall be appointed in the order o1 the commander inchief, and, if it shall be neces- sary, may take charge of such drafted persons and may command the assistance of the constables ei the town, or of any other person. for that purpose and any person who shall, when commanded by the selectmen, or by either of them, refuse to render such assistance, shall be punished by fine of sev- en dollars, or by Imprisonment in common iail not less than ten days, nor more than thirty days or by such fine and imprisonment both. When any of the persons, so drafted from any town, shall fail to be present at said time and place of rendezvous three days thereafter. issue his order requiring another draft to be made in such town to supply such deficiency. ., ra..

 Sec. II. Every person, who shall be ordered out from the inactive militia for active service who shah be detached or drafted and shall not appeal at the the time and place designated in the order ofthe ecommander-in-chief,a after he shall have re- ceived notice therefor. and shall be takeh to be accordingly; and shal at all times be liable to en- ter the service for which he may be ordered unless he shall be prevented by sickness, or other inabili- ty or shall prove that he is exempt under the pro- visions ofthis act, or provide 8 proper and able bodied substitute at the time and place of rendez- vous.

 Sec. 12. No person, who has voluntarily enlist ed, or shall hereafter voluntarily enlist for longer PoAaou eudH tHI6e mOuCnS ana mas performed, or or shall perform, military service for this state. under any call of the president ofthe United States and no person who has been, or shall be drafted and shall have performed such military service, either in person, or by substitute, shall be liable to be ordered into active service until the whole number of the inactive militia in said town shall have voluntarily enlisted, or shall have been draft ed.

 Sec. IA. No person who shall be drafted and ex- cused on account of disability, shall be again en- rolled, until the next annual enrolment in the town in which he may reside; and if for any cause there shall be deficiency in the number of per- required to be drafted from any town, the se- leetmen of such town shall continue to draft from the inactive militia, until the number of persons apportioned to such town shall have been obtain ed

 Sec. IA. The commander-in-chiefma may appoint the necessary number of post surgeon and assist. ant post surgeons, to examine the persons who shall be drafted, and to decide upon their ability to perform military service, who may grant cer- tlhcates Of exemption, particularly specifv:ne therein the cause of exemption and shaii be maid out of the treasury of the State such reasonable sum Tor their services, as may be fixed by the unless they shall be paid therefor by the United States; and if any one of such surgeons shall receive any other fee or re- ward Tor such services, or any gratrity therefor. or shall knowingly grant any certificate of exemp. ton on account of atdisability which does not ex lst, he shall pay fine of five hundred dollvrs for each onense, or be imprisoned m 8 common iail TOT term of six months, or suffer such fine and imprisonment both; and any certificate, so grant, ed, may be revoked by the surgeon,generaI.

 Sec. 15. When the enrolled militia shall he or- dered out for active service or shall have yolnn tarlly enlisted. and while Khav oo4-.i