Laws of the State of Delaware - Volume 7 - Part 1 - Page 1
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lacgO OP THE-STA. TE OP DMIJAVTARM; PROM THE SECOND DAY OF JANUARY, ONE THOUSAND EIGHT HUNDRED AND TWENTY- SEVEN, TO THE SIXTEENTH DAY OF FEBRUARY, ONE THOUSAND EIGHT HUNDRED AND TWENTY- NINE. VOLUME VII. PUBLISHED BY AUTHORITY. DOVMS,. 1829.
|Title||Laws of the State of Delaware - Volume 07 - Part 1|
|Description||Laws of the State of Delaware. From the Second Day of January, One Thousand Eight Hundred and Twenty-Seven, to the Sixteenth Day of February, One Thousand Eight Hundred and Twenty-Nine. Volume VII, Part I.|
|Creator2||Delaware General Assembly|
|Publisher||Department of State|
TE OP DMIJAVTARM;
PROM THE SECOND DAY OF JANUARY, ONE THOUSAND EIGHT
HUNDRED AND TWENTY-SEVEN, TO THE SIXTEENTH
DAY OF FEBRUARY, ONE THOUSAND EIGHT
HUNDRED AND TWENTY-NINE.
PUBLISHED BY AUTHORITY.
CHAPTER I. CHAPTER
AN ACT to establish an Uniforzn Militia throughout 1827.
SECTION I. 13t IT, ENACTED, by the Senate'and House rW ho shall be of Representatives of the State of Delaware, in Generalcn lled, and by
AssemblY met, That each and every free able-badied whitew °
male citizen of this State, or of anyof the United States re-siding
in this State, who is, ot_shall lie' of t116 age of eighteen
years, and under the age of forty-five years, except as
is hereinafter excepted, shall severally and' respectively
be enrolled in the militia by the captain or commanding
officer of the company within whose bounds: such citizen
shall reside, such bounds to be' fixed, and :liMited agreea-bly
to the subdivisions which have beetbriade by lieuten-ant-
colonels, majors and captains of the different counties,
by the directions of an act of the General :Assembly of thisvoi i20,
State entitled "A supplement to an act entitled An act for
establishing the militia of this State," passed the ninth
day of February in the year of our Lord one thousand
seven hundred and ninety-six. And it shall be the duty
of every such captain, or commanding officer of a compa-ny,
at all times hereafter to enrol every, 'Such citizen as
aforesaid, and also those who shall from tittle to time arrive
at the age of eighteen years, and not excepted by this act,
that have or shall come to reside within the bounds of his
comptiny and shall notify such citiZen, by a proper Notification ot
commissioned officer of, his company; by whom such no-the enrolment.
tice may '1)e proven: and in all cases of doubt respecting
4. LAWS OF THE STATE
' CHAPTER the age of any p'ersoti enrolled, or intended to be enrolled,.
1. the party questioned shallTrove his age to the SatisfactioR
1827. of the commanding officerof the company within ;Whbse'
bounds he may reside': Provided however, that if the bri-changes
in di- gadier-general, with the lieutenant-colonels.and..majOrs, .
..vibions of the or a majority of them, in any of the counties of this State; °aunties shall at any time deem:it .necessary, tlley, or a majority ofc--
them 'feting together,.;are hereby, authorized to alter,
-change, or re-di vide' ,.their resp'eetive counties: and the
major and captains of-each battalion may, if they, or a.
and in battalions. majority of them, deem it necessary, alter, change, orre-di-vide
their respective battalions "agreeably to the:provi-sions
of,the first section of the: act entitled ".,A snpple-ment
to an act..-entitled An act for establishing,:-the mi-litia
Of this State," passed on the ninth clay of. February
in the year of ourLord onetifousand"Seven hundred and
ninety-sixmaking return of such alterations,,if any be
made, as is by that act ordered and prescribed.
SEC. 2. And be it enacted, That the vice-plisident of
the United States, the officers judicial and executive of
the governMenfof.the United States, the members of both
Houses of Congress, and their respective officers, the
members of both houses of the General Assembly of this
State, all custom-house officers,andtheir clerks, judges of
the supreme court and court of common pleas, chancellor
and attorney,general, auditor of accounts, secretary and
treasurer oUthis state, sheriffs, gaolers, and:,I,:eepers.of
work-houses,,a11`, post-Officers, and stage-driveis who arc
employed in the care and conreyance of the mail of the
post-office of the United States, all ferrymen employed
at any ferry on the post roads, all inspectors of exports,
all pilots, all mariners actually employed in the sea service
of any cietzen or merchant within the United States,
ministers of religion of every denomination, professors
and teachers in colleges, academies, latin schools, and
school-masters having twenty scholars, shall beexempt
from military duty, and no Other persons.
Arrangement SEC. 3. And be it enacted, That the militia of this
of the State shall form one division, and shall be arranged into
brigades, regiments, battalions and companies in manner
and form following: The State to make one division, and
each county to consist of one brigade, and each brigade
to consist of not less than two nor more than eight regi-ments,
each regiment to consist of two battalions, and each
battalion to consist of five crpanies, one of shall
be light infantry, grenadiers, or riflemen, to be formed of
volunteers from their respective regiments: each compa-
ny to consislofnet,rikore than siXty-four.privafes,norless ,CHAPTFR
than,fOrty,Or:is near aSrnay;:lie;'',having,regardltotheir;lo- L.
.1'0-Situation. ..:There'shall--be,tOeach brigade'. flait;One 1827.
.eordpany:,- artillery4.and4one,or, more troops of horse,
the .hrigad3ermay..deem proper, provided they de not eaxs-,
peed one company of each to a regiment,.ot.roore than an
....eleventh part, of itifantry44litCKahall,be?:..fOrtned by*
" volunteers -''* ,
EC 4. And be It :enacted, That in order, that the mi. 'How The mi.;
litia Imiteind.6 . - be well. armed, equipped and accOtttnred, (exceo t:11511 b ar
as hereitibefore excepted, and ad-Youngmenlitider-the age -
of.i'kentytone years enrolled, aireeablY;to the .iecOnd sec-tion
of this act, shall be exempted fronkifurnishitig,tihe ne-cessary
,arms accoutrements, and from all'rililitarydnties
ancrfines during sulh -ininerity;;except in 64,'' s'es"-of rebellion
or any actual invasionorthin.:State, provided .however
that) every. non-commissiOed 'officer and private Who
now possesses or who shall possess, before'the:'expiration
-of the (said) year, a musket or firelock,-shall'he;Obliged t`o
appear onduty. withsuch musket or., fire-lock, whether his
assessment be under or above five hutfared.d011ars, under
the penalty, for, neglect, of being. considered and returned .4
among the absentees ; andliffer the expiration. of the said
year, everynon,COmmissiOned officer or private ivho may
not have receivediny publicarms, andAvheie.-asiessment
shall not amount to fiVellundred dollars, but who shall
possess,a tnusket;- or fire-lock; shall;be oblig`ed to appear
on duty with such musket,or firt-lck,'Ior be considered
and returned as an. absentee. The commissioned officers How the otfi- of the infantry shall be armed with a .sword, or hanger,eeTball be at.;
and espontoon, and those of the artillery .with a sword, orm
hanger, a fusee, bayonet and,...helt, and cartridge-box' to
contain twelve cartridges; the commissioned officers of
the troops of horse, shall furnish themselves with good
horses, at least fourteen hands and an half high ; and shall
be ,armed with a sabre .and,pair of pistols, the holsters of
which shall be covered with bear-skineaps ; each light
horseman or dragoon, shalt furnish himself with a good
horse,. at least fourteen and an half hands high, a good
saddle, bridle, inail-pillion.and valise, holsters and a breast
plate and crupper, a pair of-boots and spurs, a pair of pis-
,tols, nsabre and cartottch-box-to contain twelve cartidges
for pistols.. The artillery, light infantry; grenadiers, and Artilicryosgb,
cavalry; shall be uniformly 'clothed in :regimentals at theirr"'-'7,4
own expense, the colour and fashion to he recommended 1. 78
by the-brigadier commanding the;brig'ade, to which they tiled.
may belong: But the officers, -non-commissioned officers
and privates of every troop of horse, Or .volunteer coMpa-
- :LAWS OF TIIE STATE
ny of militia be Obliged-to wear the uniform'recOnt,
mended -by the.brigadier,;afJbis brigade, orbeConSidered.
Alinjor-Oene-as not belonging to such'coMpany. And all officers shall
ral. t° dive° thelikewise uniform themselves in the manner directed bYthe unianm of MU- major-general. Every militia man shall appear so. armed
.0 and Accoutred, when called out to exercise or into,service,
(here.it. is understOodAhatthe- public :find. knapsacksonch..
Arms °T. ae.ammunitao,) and eirel'iem an aOieni011ed as aforesaid, and
coufrement nothaving provided hiinSelf wi th.nr6S:and accoutrements as
ltiiaobnl.eo r tod iesxtreecsns.- k em. bcfore ,directed shall hold same exeinpt from all
' Wits) , distrt*. executions, or sales for debt or payment
Colours, and of taxes:: Each battalion shall bC'' provided ivith ; Stand
by whom far-of colons by the commanding officer of the same, bearing
nished. the UnitedStaeec coat of aiins, which standard` Shall be
borne by. the:eldest ensigwpresent, and:each company .with
a drum and fifei or bugle-horn' by The-Commissioned offi-cers
of the company; each regiment shall have one drum-major.
and one fife-major,.'Whose business it shall be to
attend on-battalion and regimental reviews, under the di-rection
of the lieutenant-colonels and majors of each re-
Sehnols for giment: and it. shall be the duty of each' major of wbattal-b".!-
ion to cause to be 'established a school for music in the
4 central part of hiS, battalion, at which place and time, by
previous notice given, the drum and fife majors shall at-tend
to instruct any and every drummer and, fifer of the
several companies, the commanding .officers of which are
hereby authorized and required to ,send one or more
scholar or scholars. belonging to their respective-compa-nies
to be instruCteeMAhe principles of martial music:
The commanding'bificers of coMpanies are hereby enjoin-,
ed to send those,only whom they have good reason to be-lieve
will continue to reside in their companies, or districts:
If no suitable person can be found capable of teaching
music in the bounds of the seYeral regiments, the com-
TeacherA °mantling officers of the same may obtain them wherever
musii:4tow to by in their power, their board,' and expenses of teaching, to be paid. paid out of the fines of the respective battalions. Teach-ers
of music for the troops of cavalry, to be procured by
their respective commanding officers, which expense shall
also be paid out of the tines of the brigade to which such
troop shall belong:. Provided lowever, that if the brigadier
and a majority of the field officers of any brigade shallbenf
opinion that one school to a regiment or brigade belSuffi.
cient, they are hereby authorized and empowered to-di-rect
accordingly: And provided, further, .that nothing
herein contained shall be obligatory on the. commanding
officers of regiments in any brigade, unless the brigadier
and a majority of the field officers in such brigade shall
recommend the establishment of said schools.
OF., DELAWARE. 7
. Sc.'t ,-5. And be it enacted, That .thehinilitia Shall. be 1T4 the mill,
'officered- .aa- follows: ' a...diviSion, one -mai or. general teLt"lllie .Q11'
l'itia';'iMio!,aids-de-catnp to be out of the line. -of tcriptains
'With the 'rank' of majors,: Td each brigade, one brigadier:
gerrer`11,;,-with,;one.:brigade inspector; to.serve as brigade-
'-'major .and to be out of the :line of .captains witlntheyank , A
:,s , major: - To eaCh regithent, onskentenant-colonelcom-
Mandant: And to eifal.',Abattaliditi*e;:major: -To each
company of infantryg0ding,ifght`infantrY,grenadier
and ,riflemen,), one et:titan; one:. lieutenant, .one, ensign,
four \sergeants: four corperaIs, one drnmmenand one fifer
or bngler: ' There shall 'be a _regimental: staff 'th,..tonsist
of-due adjutant-and one;Airarter Amster to rank tis'lieute-nants,
'on e-pay m as ter, one surgeon an d.on urteon's in ate
and one sergeant-Major,: Eacbwompariy
consist of one captain;Jwo lieutenants, ;four,sergeants,
four corporals, six gunnerSix bombardiers, one drum-
. mer and one fifer, and fifty privates or matroSses,or as near
as may . be: Each troop of cavalry shall cOnsist of one cap-
Min, two lieutenants, one cornet, four sergeants, four cor-porals,
one sadler, one farrier, one trumpeter,"and not less
than thirty-two privates, or as near, as may-be : there shall
be one quarter-master generaffor..the State..
, SEC. 6. And bit enacted, That the governour shall Governnur to
appoint and commission all,,the officers of the militia ; tonat"tn ttl ice° ,2"
wit:. the .majortenv7a1 brigadier-generals, adjutant-gene...,
ral, quarter-master general, lieutenant,cOlonels, majors,
captains, lieutenants, ensigns and4fornets:tjhat the major-general
,shall appoint his own aids-de-camp : That the
field °Meet's of each regiment shall appoint their respec-tive
regimental staffs: The brigadiers shall appoint their
aids-de-camp, and each captain shall appoint his sergeants,
one of whom shall be clerk of-the company: That all of- Of their COM.
ficera appointed under this act shall be commissioned form"°""rank
seven years, their respective grades to be decided by the
dates of their commissions :'-and when two of the same
grade shall bear equal date, then their rank shall be de.
terMined by lot to be drawn by them before the comman-ding
officer of the brigade, regiment or battalion, compa-ny
or detachment; and if they neglect or refuse to draw,
the, commanding officer .shall draw for -them, which lot
shall be marked on each commission by the commanding
officer, in whose presence it shall be drawn - and forever
exclude the controversy of the parties: And whenever
the governour s!ull re-commission any officer, he shall
note upon the new commission the-date of the former
commission, if both be of the same rank: and in all mat-ters
relating to grade, the commission shall be considered
8 LAWS OF THE 'STATE
CHAPTER as bearing:the "Aaie of the former cornMission,,ProVided it
1. be as aforesaid 'kn. a neW'..office of'the saine-rarilE witlythe
, . , .
Companies, SEC. And be it enacted, That on the 'firseTueSday,,
bo"""d* in April next the captain or coMmandinwofficer Of ezieli':-
comptink'Shall call tlielsons belonging to the 'same
gether, giving :due notiee theredf,:.by setting up at least
three advertidements in the mOttliMblic places in his dis-trict,
ten days. before such day Of Meeting-: and shall di.,
vide thein'intdy.eight classes, as nearly equal in number
to each'otherdi'conveniently may be, allotting a 'sergeant,
or corporal- toeach class; and eight slips of paper, Mim.
beredrespeetiVely from one to eight, being prepared, eVe.
ry private shall determine', by drawing a ballot, what ciao
he is to serve in: And in case any of the persons belong-ing
to any company shall negteat to attend at the time
and place; appointed for classing the said company, or if
present shall refuse to draw as aforesaid, then the said
captain or corm-handing officer shall appoint one disinte-rested
freeholder to draw for the absentees, or persons so
loll' of each refusing: and when the classes shall be so settled, tlie cap. conlinuiy.
tam n or commanding officer of each company 'shall form
a roll consisting of eight classes, and the names and sur-names
of the men in each class, numbered according to
the order of balloting, which he shall keep for his own
use, transmittingforthwith a copy thereof, with a list of
his commissioned officers, and 'the 'dates of their respec.
tive commissionsand non-commissioned officers, prefix-ed,
to the colonel or commanding officer. of his regiment,
who shall enter the same in a book to be by him provided
for that purpose ; and the captain, or commanding officer
of each company of artillery, troop of horse, grenadiers,
light-infantry or riflemen shall in like manner return a
copy of his roll to the brigadier: and the captain or Com-manding
officer of every company shall on the first Tues-day
in April in every succeeding year, add to the roll the
names vnd surnames of all such male white citizens be-tween
the ages aforesaid, who on the preceeding twelve
months have removed to, and are then residing in, that
subdivision, or therein have attained the age of eighteen e"ti".' years, except as hereinbefore excepted: And every militia' .4- I , ,,,. man migrating or removing out of the bounds of one hi.
tnet tuaUuLI,e. talion or company to another, shall apply to the comman.
ding officer to which he did belong, who shall give him
a discharge, certifying the class to which he belongs, and
whether he has served his tour of duty or not, and the
time and date of said service ; which certificate the said
militia man shall produce to the captain or the camman,
OF DELAWARE. 9
dingliffieer.of the( compan'Y within whose bounds he-next CHAPTER
settleswithinten- days -.after his settlement,. 'and the Said a.
tifitain;or commanding officeria''hereby required to enrol 1827.
'binliti.;ithe'class4specified in the said certificate: Any Penalty.
eemthanding officer of a company who -.shall
neglect or refuse toperform all the ,duties enjoined-upon
him by the 'provisions of this section, shall be to a
. fine of 'fift'y dollars and.tOln forfeiture of his coinmission.
SEC. 8,,And be it enacted, That when there shall be Squadrons Of
two or orefuli troop's of horse in any brigade, they shall (1,'Lles,0"iTilitt:
befcirmecl.into a sqUadron,-er-battalion and shalt be entitled y, how formed.
to a.'major, adjutant anclquarterrmaster, and every Such
battalion Shall meet in squadron at least once in every year,.
at such time and-placer as . shall be ordered' hy the briga-dier
;and,when the artillery, in any brigade shall, form
two or,Morefull companiesi;they shall compose a battal-ion,-
and be entitled to a major; adjutantand quarter-mas-ter;
and-any company of artillery most convenient to the
place of regimentalreview appointed by this 'act,, may he
ordered to attend the same, at the direction, of. ' the-1)6ga-
SEC. 9. And be it enacted, That wh.enzit may be neces- Who may call
sary--to use any portion of the militia for -public defence, deirevienei.hel, into
it shall,be- in the power of the. commander-in-chief, the
major-general- Or,brigadier, according tothe emergency
and .-nature of the service, to.cali. out -an'y :.company or
companies of Artillery, troop of horse, light-infantry, in-fantry
or riflemen, or any part thereof: and the service
so performed by them shall be' deemed and taken as a
part of their tour of duty: And whenever any number of
battalion companies are drafted .for service, it shall be th,e
duty of the adjutant-general to call out, and proportion
the number of artillery-men, horsemen, light infantry or
riflemen necessary for the same, according to the military
SEC: 10., And be it enacted, That in case any company No volunteer
of artillery, light-infantry, riflemen or troop of horse, to be
raised under the provisions of this act, by voluntary en- privates.
reTtnents, shall not, in the course of one year from the ap-pointments
of their, officers, contain at least twenty pri-vates,
or shall be' reduced under that nurnber.and shall re-main
in that situation for six months thereafter;sah corps
shall be deemed disbanded, and the men which belonged
o such corps shall be enrolled in the battalion company
within the bounds of,which the individuals thereof shall
respectively reside; and if any non-commissioned officer 2.
LAWS OF THE STATE
Uniform. or private of any, ,.vol un teer corps - slialhneglectJor, the
tern) of six,months after having',enrolledin,":thejiante4:1to
provide himself with the uniform of the Compiinit6VhicW
he belongs, he shall, be considerecl.as dischargeil4ron
said corps; and shall be enrolled, in.the.battalierrnt4
ny within-the district where he resides-bythe eafitanyof ,,
Drafts. for ac- SEC. 11. And be it enaeted,'..That to the end...tbe
tual service. tin when called into service by classes,. shall be-properly'
officered, the following order is hereby4irectedand en,
joined to be observed that is to .say';. for, the first:Araft
the captains, lieutenants and ensigns holding the. oldest
commissions in each regiment ; for the second draft
the captains, lieutenants and, ensigns holding. commissions
of the next oldest dates : and so on until the whole,num
ber of classes shall have performed an equal.tour.ofduty-:
The field officers of the divisions and of .every brigade
in this State, shall be divided in like manner, provided that
not more than one commissioned officer be. drawn front
any one' company, nor a greater, number of field officers
from any regiment or brigade than the 'commander- in
chirf may limit, (respect being always had in Eke manner
to the seniority of the commissions of such field officers,)
and each class to, he considered as a detachment from the
different companies, liable to serve six months, and no
more, and to be relieved by the next class in. numerical
order; the relief to arrive at least two days before the ex-piration
of the term of the class relieved: but nothing
herein contained shall prevent the governour, -major-ge-neral
or brigadiers from calling out and,employing part
of any class or any company or companies, regiment Or
Drafts. in cc-regiments without respect to rule, whenever the exigen- " cv is too sudden to allow the assembling of the militia
which compose the particular classes; and the service of
those so called out, shall be a part of their tour of duty:
Pay, tnand the pay of the militia, when called into actual service,
""me"ce, 'shall commence two days before marching, and they shall
receive pay and rations at the rate of fifteen miles per,day
on their return home.
Pay, how fix- SEC. 12. And be it enacted, That when the, militia. or
any detachment thereof arc called into service, the pay
and rations of the officers, 'ton-commissioned officers and,
privates shall be the same as is or may be established by
the general government of the United States.
Rules of tlis- SEC. 13. And be itenacted, That the rules of disei=
eiplate. pline approved, and established, or which may hereafter bo
6F DELAWARE. . 11
approVedand:established, by congress; shall betherules of CHAPTER
di,seiplin06hierved by the militia of this'State, tl
wof every Commanding officer a every 181.1 7.
sterAiyiNithether..by brigade, regiment, battalion or
SinegleLeafhpany; to cause the militia to beexertised 'and
g.reetthly;to, the said rules offdiscipline, but the mlalyniLnlknegpmtu enn.
CaPtain.or'comnianding officers of COmpanies or troops, OE der arms.
company days; shall.not?keep the men under arms longer
than'five hours;' during Which.time it shall be the duty of
stichtomManding officers'to ,tiave as many of -the evolu-tions
in-the-said riles of discipline performed as the nature
of the .caSe will admit. 7
sEc. 14. And be it enacted, That if any person or Provision for
persons, whether officer or soldier, belonging to the militia (71;bi'els,1"11,,Vre_
of this,State, called out into the service of this State; be viee.
wounded or disabled while' in. said service, he shall be
taken-care of and ,provided for at the public expense: and
if-any:horse shall be taken into the service of the militia, M lien paid for.
either in troop, artillery or wagons or otherwise, such
horse or horses, shall, by. the brigade-inspector with two
freeholders, be appraised immediately before the -time of
going into actual service, and the said brigade.:inspector
shall enter the same-in a book,. and in case such horse or
horses shall be killed, disabled, die or taken-by. the ene-my;
the owner:or'owners shall be paid the full value of
such horse,- provided, the said loss has not happened in
consequence of the neglect or improper conduct of the
owner of-the 'said horse, or of his. servlint.,
SEC. 15. ' And be it enacted, That from and after the Militia, when
passing 'of this -act, the militia of this State shall be exer- ceo:::*pealstiei',!s;
cised in companies once in the month of April and No-vember.
in every year, at such time and place within the
district as the captain or commanding officer of each com-pany
shall appoint and direct; and in battalions in the when in battal-month
of May in every year within the bounds of each
battalion as the major thereof shall direct; and in regi- and when in re.
ments as follows; the -first regiment on. the first Monday giments
injune in every year; the second regiment on the Tues-day,
'following, and the third regiment on the Wednesday
following, and so on according.to their numerical rank, on
every. day-in the week (Saturdays and Sundays excepttd)
until theivhole number of ..regiments shall .have mustered
and exercised-in the aforesaidmatmer: 'Provided /owe- Notice of mus.,
ver, that it shall be -the duty of the major to grve fifteen Levi.
days' notice before-the meeting of-any battalion to the of-ficers
commanding companies within his battalion: and it
shall be the duty of the commanding officers of companies
- 12 LAWS' OF THE STATE
CHAPTER to give notice ten days before the days of musterhigiby'at
t. least three advertisements set up in the mot ptiblics;places
1.827. in their respective districts, giving information of the tjnie..
and place of muster either in companies,-
Penalty on of- SEC. 16. And be it enacted, That if any captaor
commanding officer of a company shall neglect' or MfuSe to call out their
companies; to call out his company agreeably to the directions.of this
act, he shall abide the decision of a court-martialoyho
nn privates not may cashier him if they deem it proper: and if any non&
doing dot). commissioned officer or private, not having a reasonable
excuse, shall neglect or refuse when the roll is called over
to answer to his name, or if any answering to his name
shall not go into the ranks and there perform.his duty; he
shall be noted on the roll with the absentees, and be tried
by a court-martial to be appointed for that purpose, who
may fine such person, as a looker-on, in any sum not ex-ceeding
ten dollars ;and as soon as the' duty of the day
is concluded, the captain or commanding officer shall'cause
the roll of his company to be called, and every member of
it at that time absent without leave shall be noted apd
returned as an absentee.
fin'As ctoc obuen kt epot;f SEC. 17. And be it enacted, That the captain or corn-and
o here to be manding officer of each of the companies or troops corn-sent.
posing the militia of this State, shall enter in a book to be
by him for that purpose provided, an exact account of all
fines imposed on the officers, non-commissioned officers
and privates of his company or troop; and shall cause to
be transmitted, in the month of January in every year, a
fair account of all such fines, with his name - subscribed
thereto, to the commissary of the brigade to which such
officer may belong, and a.duplicate thereof he shall trans-mit
at the same time to the brigadier-general ; and the
said commissary and brigadier, when they receive the
said lists, shall endorse on them the time when they re-cei
veil the same, and they shall both cause the amount of
each list of fines, with the dates when they were received,
to be recorded in the books for that purpose to be pro-vided
and in the month of November, in every year, the
brigadiers shall cause to be transmitted to the auditor of
Penalty. accounts all such lists of fines so by them received. And
every captain or commanding officer omitting, refusing or
neglecting to transmitthe said lists in manner aforesaid,
shall, for every such neglect or omission, be fined thirty
dollars, which. fine may be sued for and recovered by the
commissary of the county in which such neglect shall
happen, before any justice of the peace, with costs of suit,
OF -DELAWARE. 13
whuis heteby:.:enj oined and required -on ,preicif of 'such
neglecitWege,;:judgment foethe,shind.tt whercupciethe
,aminirits;WstiCh'jtidgment friar be ley ied;-and!C011edted- -by
any collectoi appointed by said commissary in -the:trian.
iientilat Other -fines are-directed bythis'Act- to be recoVeted.
SEC 18 And be it enacted, -Tharthe re shallibe i. corn- Commissaries,
Missary ofh.military stores in each of the counties- of this their duties'
State, whose duty-it shial'be.to-collect alFthèptiblic_arms
in theirrespective..cbunties-,wand,to-provide:somersate and
convenient place where They-'my be -ketitaird',sluilliCause
every' intisket.so. collected; received or: oti haria -tohe bran-ded
on--,the brit.of the stock- with the words '.State of
Delaware;" and the said commissaries shall-irot,giVe_otit
such public Arms except to the order:of the governour,
hereinafter provided; or to the order of the major-general
or-brigadier,'in case of emergency, insurrection- or actual'
invasion of- the State.
SEc:, 19. And be it enacted, That all sums Of-money Appropriation
* which. shall come into the hands of-any military-Commis- a fin"
sary in-pursuance of,this'act,- Shall by -hirit,be applied in
purchasing and paying for colours; drums and fifes, and
for the-hire of musicians, as the field officers or a majori-ty
of them may direct: -Provided, .that the paymehts made
on account of orders .drawn by the field officers of any
regiment, Shall not exceed' the amount of money recei-ved
for fines from any such :regiment; and-provided, that
no second order drawn shall -be paid-'-untilan exact ac-count-
of the disbursements of the money last paid,' with
proper vouchers, be rendered to the said commissary:
and the captains or commanding officers of all, ,:troops of
horse and companies of artillery, shall have power to
draw orders on.the said commissary for the payment of
their respective instruments of music and their musi-cians,
which orders shall in all cases be countersigned by
the brigadier-general of the brigade.
Sec. 20. And be it enacted, That the-captain or corn- if no fines,
manding officer of each of the companies or troops corn- teoel"ii,61to iie1:7!
posing the militia of this State shall, and is hereby enjoin- and brigadie'r!.1
ed and required, in' case no' lines shall be imposed on the
officers, non-commissioned officers or privates of his com-pany
or troop, to !flake report in writing, at the times
mentioned in the seventeenth section of this act, to the
commissary of the brigade to which said officer may be-long.
that no such fines have been imposed, and a dupli-cate
thereof he shall transmit, at the same' time, to the
brigadier-generall and the crmissary and ,brigadier
14 LAWS OF THE .,STATE
ghall endorse the said reports andrecord theniin the same
mariner tis is directed .to be ' thine. ,With,the-aeCtitints -of
Penalty. fines. transmitted according to the 'saidsection:'.andevery:
captain or:commanding officer omitting; refusiniOr,'neg4
lecting to make such reports, shall beliable-to:,the.sathe
fine,: for every such neglect or refusal,: to be 'reeovered
in the-same-Manner as, by this act is directed: 7 !
Cnmtnissaries gad. 21: And-he it enacted,, That every military com-b'
give ihd"1, missarv:Who shall be appointed,-beforethe enters upon the
duties' of . his' office, shall give 'bond in the name . of-the
State,-: With one or more sureties, to be approved-Of brthe
brigadier-general, in the sum of three thousand dollars;cori,
di timed for the faithful performance of the duties of his of-'
fice; which bond the brigadier shall immediately forWard
to, the auditor of accounts; and it shall be the:duty of the
commissary once inevery year, and not oftener, tolave the
fines collected which shall be imposed within the brigade
to which he belongs. and the accounts of which shall be
and to appoint transmitted, him-in the manner herein prescribed ;: and for
collectors of this purpose he: is hereby authorized and empowered to
fines. appoint such and as many collectors as he may think pro-per
and each collector shall be by him furnished with a
list of all lines to be collected within the district for which
such collector may be assigned, which list shall be sign-ed
by the ; and there shall be annexed tojeach
list a warrant from the said commissary, which he is
hereby authorized and empowered to issue, authorizing
such collector, after haying given ten days'.notice by at
least three advertisements set up in the most public places
in his collection district, to demand and receive from all
delinquents the several fines which they have been ad-judged
to pay, and in case of refusal or neglect to pay the
same, to levy and recover such fines, with constable's
costs, in the same summary mode and as fully and am-ply,
to all intents and purposes, as the collectors of the
county rates and levies may or can, by the lows of this
rehon- c,r State, collect such rates and levies: and if any collector
Inur, shall in any case, levy for or receive a larger sum than
dian is due. the amount of the fine or fines, actually due, and of con-stable's
costs, or in case of sale being made for the reco-very
thereof, shall not within ten days after such sale,
return the overplus. if any, to the person- whose proper-ty
may be sold, the party aggrieved 'is hereby authorized
and empowered to sue for and recover, before any justice
of the peace,. from the said commissary, or his collector,
ten dollars, with costs of suit, in addition to the sum
Ivhikli the said party may have paid over and above the
fines actually due.
' - . bit: i,nacted,L- That ;;the': attclitOi' to
counts WaiiiPhe, is hereby dire'ctedlant.VieiMratete-pro
book, in wlich he shall ak6.
the trai1sctions of the eveiil thry,-,CdtrititisSaries ;
and that he shall make:" a; ,t.'e'port ,uf7!the. Sinn tegeiher
.all fines irettirtted';:toAlie;ile'giSlattiret'attli`eir, annual
meeting in. January in eVery..year.,. ,,;
, , '
iythe cornmissuy'of çnherof thVbOtintieS,';'shall 11=eir
rieglect,unreasonably 'prJ,refuse..teriay Overthe'Money
which he May:have receiVed for ItneS, to inch, Coin ni ssa-ey-
i,: When thereto requi red otfter retain i reth aMn t: Of
thecOmmiSsions or'compendation hereinafter, Matitined-and,
alloWed to said collector, then'the:daid'commissary,
,is hereby- anthoriied. and- erripowerett to:sue-for and:t-et ce,
ver the costs,:before any justice. bf:the peace
in the,county Where such default' may-happen, ,,Who is
hereby -req utred to, eliecu thin; -WithOitt stayOtgainst
such delinquent colfector,'in favour.of the sai:cleommissa.
ry,-.,,empOwering and requiring any laWfUl 'constable to
levy, therefoi.. with costs, in likemanner -as' foedebts
Sac: 4. 'And be !itenacted,-. That itshall, and May be Collectors of
lawful for the military commissaryin each county"; to ap-point
any one or morumf the collectots..of. the county tor3 of
rates and levies; or any other person.' or'personSat his
election;': collectorior collectors of such 'fines as may be
imposed on the officers; non-commissioned officers and
privates ;. and-in case of the appointment of any Collector
of the county rates and levies, to be collector of such
fines, the same shall be made after the first Tuesday of
February and before the first Tuesday of March annual-ly:
and every such collector of county rates and levies,
so appointed, shall takeupon himself the duty of collect-ing
such fines, and -shalt; before he eaters on the duties to give bond:
of his ,.office, give bond, with one or more good and suf-ficient,
freeholders, jointly and severally, in the stun of
one thousand dollars, law.ful.money of the United States,
with a warrant of attorney thereto annexed for' confesSing
judgment for the said. penalty; in the name of the said
commissary,..to be-taken-and approved by the v
at their meeting in March annually, conditioned for the
faithful -discharge of his duty in collecting the fines in his
hundred, -ancithe payment over of the same to the com-missary,
according to the true intent and meanipg of this
act; and in case of their or any of. their refusal or nit.,
16 ; LAWS 9F 'Tfit'r-StATE'"
such bond an d wan mt of attorne hci or
not k' - e1, 'so neglecting or refusrng, sEalLpay to 090.
tolleCtOr,-.. under the hand aiiiiV,;`';'
se1ilof the cMinisary, atthe dm&of his ipp'bintmen,
CoUetoraal1 and every such collectQr of ountv rates and levies
ad e duly' ateditin tett - for, rat the liatef'.,of ...teh;dollaiii4-fOr'
:,` Which, toinniiiSfMiS; Shaltbe de-ofihe'conitiiissiOnttAcil`:
sh'tlbe1liged or r1u1Ied,ti.u,collect per-sons
residing:foik...,4',:hi;',1i.undred at the,tifrie::=.6frthe'..de;'
liveryi..,'af,)itili'Sf.tir Rao aliiirct: Warrant, of the,tOnriniiiiiaisy4
and Jrovided also, that;tlie:-.,reniedy.;gi*en,againit tcollect- ..,
orsof flues, b the"fWenty::firt iettio# of this atti: shall ' be
C°MiTtiRgirYSEö'.25A)i8bëft enacted;..that....the coin ssary !.,of
to settle imitate.
auditor. each -ciiiiirfty-:,'Slialt.:atins eaUditot,',Of4C-tourits';
1ft .`..tliiinntly of Deteniber,'";:WhiM.: he shall pro-duce
to b iM:the list of .fin ea ,.,fratismitted' him b' the re-turning
officers; -Mid a f ai r ac teat; of ;his ;transactions' *as
commissary': and the auditor:aka:if -.charge the :sal dk.tc Up
M issary' irith-Alie"-aniontit ófcach -list of fines, With. the .
fine Of eyerY::i Offit cr'w,holiai ;neglected-- to returubislists
as directed by Act Tta with all other. money, Which
he may h,ayerecel ed thaltOredit hini withall nio4,n.
nies expended by :hint` in .;putsuafite of: . the direttions
this net, if:Proper *outliers for 'Stich expenditure:, be .ext-li,
ibiteti, with the.atniiiint:'Ofi all 'oiklersii'4Tiilyilslipoii- and
.pflicr'b)i him, bythe:fiel(Yoffitei§ Pt ovided, 'tfiiit;thei.mo-ney
paid, to the orders:. Of the said field officers of
regiMbii:t.. doesnot eiceed.rthe-nett arno.untarisingrom
' fin es- with hi:the-A istri c t` of Sii regi n t and firovideckit.
shalt appear th it no secoid:order -WAS''pai4.6. lunlr until
the inonev'ptud updn: the former order had b regi,ilary
ac c ofinted for with ironclieis:,- and. th6duclit.OrsliAll. fOrt ,
i! stud " in the original,
OF DELAWARE. 17
they credit the said -commissary with the amotmt of all CHAPTER
hues on 'rettirning officers,, the payment: of which it shall - 1E17.
appear, from certificate of the field officers, have been ex-cused,
with the amount of all lists of delinquencies pas-sedkby
the:field .officers, or a'major part of them, of the
regiment wherein the said fines-have been imposed: Pro-vided
kozvever, that the'said field officers do declare, in
a.certificate to be attached to such list of delinquencies,
that they believe neither the commissary norAny of his
collectors have heen guilty of neglect with regard to such
delinquencies: and the auditor shall further credit the CormMsaary's
same commissary with the sum of twenty dollars for eve- compensation.
y hundred dollars which he shall collect, in compensa-tion
of the trouble of the said commissary and his collec-torsin
collecting the fines : and the said commissary shall
be responsible to the said collectors for their compensa-tions:
and if any of the said commissaries shall negleet Prnolty for not
or-refuse to appear and settle as aforesaid, or after set- rnugi onvger . " P"Y`
tlement shall neglect or refuse for the space of one month
after each settlement, to pay over to the state-treasurer
the balance due on such settlement, he not having there-for
a sufficient excuse in the opinion of the commander-in-
chief, he shall not be entitled to-the commissions allow-ed
by this act, and the auditor shall immediately give no-tice
to the governour of such neglect or refusal, in order
that he may remove, and commission some other person
to be commissary in his place: and the auditor shall
cause a suit forthwith to be instituted against such- delin-quent
commissary, upon his bond, in which suit there
shall be recovered, besides costs of suit, the whole amount
of the lists of fines which have been returned to the brig-adier,
and of such other lists as can be proven to have
been returned to the said commissary, as well as the a-mount
of all other monies received by hirp, and of the
fines incurred by officers neglecting to make regular re-turns.
deducting only therefrom the lists of delinquencies
attested in the manner directed by this act, and the a-mount
of such fines on the returning officers the payment
of which may have been excused in the manner herein be-fore
directed, and of such payments and expenditures as
he shall prove that he has made conformable to this act.
And the field officers who attest any list of delinquencies Duty of field
shall forthwith forward to the auditor the amount and
date of the list so passed, and the State-treasurer, whene- and Stute-trea,
ver any payments are made to him by the commissary, is surer.
hereby required immediately to transmit to the auditor
the amount of such payments and the time when made.
SAe, 26. And be it enacted, That when any class or how
18 LAWS OF THE STATE
notified when classes or parts of classes of militia shall be called to* per
called into Ser form any tour of duty, the adjutant-general shall,give the
orders to the brigade-major; which orders shalt be giVen
by the brigade-major to the captain or commanding offi-cers
of the several' companies in his ,brigade,--WhO :911,d1.1
immediately give notice to such non-commissioned offi'-
cers. and privates in their respective companies as shall be
obliged to perform the same ; and every non-commis-sioned
officer and iirivate so notified to perform any tour
of duty, shall either perform the same 'in person, or find
Substitute, an able-bodied substitute to perform the same in his stead;
Penalty for not or he shall pay a sum of money not exceeding thirty. dol-serving.
lars, which shall be applied by the captain or command-ing
officer of the company to which the person belongs,
so neglecting or refusing to perform his tour of duty, to-wards
procuring a substitute as aforesaid ; which sum
ehaltbe recovered in the same manner as fines and forfei-tures,
are recoverable by this act, unless he party be-ex-cused
by a court-martial.
Penalty in Sac. 27. And be it enacted, That if any commission-enaoste
seofl litinffgiee, rs ed officer shall refuse or neglect to perform his tour of
duty when called on, he shall forfeit and lose his -com-mission,
and shall additionally pay such fine as may be
imposed upon him by a court-martial, not exceeding five
hundred dollars: provided a forfeiture of commission
shall not happen if a court-martial, upon a full hearing of
or omitting any his case, shall otherwise determine. And for a neglect
military duty. or refusal to perform all or any other military duty re-quired
of such commissioned officer, by the requisitions
of this State, or of the executive of the United States, he
shall abide the sentence of a court-martial, according to
the articles of war established by congress.
IteviewB. SEC. 28. And be it enacted, That the governour
may review; the militia of the State at his pleasure ; the
major-general shall review at least one brigade once in
every year: and the brigadier-generals shall respectiVely
review the regiments in his brigade every year.
nerMali,uhtaisn t-dgue-- SEC. 29. And be it enacted, That there shall be an
ties. ' aujutant:general appointed for the State, whose duty it
shall be to distribute all orders from the commander-in-chief
of the State to the several corps, to attend all pub-lic
reviews when the commander-in-chief shall review the
militia or any part thereof, to obey all orders relative to
carrying into effect and for perfecting the system of mi-litary
discipline established by this act, to furnish blank
forms of different returns that may be required, and tq
. OF DELAWARE. 19 '-
explain the -principles on which they. should be made, to CHAPTER
receive., frafri:the .different officers of the several .corps
thrOughotthis State returns of the militia,,under their
comtnWi'eporting-the actual situation' of their arms and
accoutrements and every, other thing which relates to the
general advancement of: order and discipline ; all of
wkith.the several officers- of brigades, regiments, batta- Duties of the
lions, and companies are required and commanded towleers.
make agreeable to the forms and directions of the adju-tant-
general, so that he may be duly furnished therewith; -
from which returns,he shall make proper .extracts and lay
before the governour or commander-in-chief of the State,
to be by him laid before the -General Assembly of the
State, :the, number of effective men in each brigade, the
State-of the,militia, magazines and military stores ; and
the said adjutant-general hall transmit a duplicate of the
same to the President of the United States ; and every of- PennIty for o.
ficer,neglecting o,r refusing to make such returns in dueroattl'ilelgiullettinta
and.proper thne,.shall.forfeit his commission and be general. j
ble to a.fine not exceeding one hundred dollars nor less
than twenty dollars, to be determined by a court-martial:
and the said adjutant-general shall be allowed and paid Adjutant-ge.
the. sum of three hundred dollars, out of the treasury of onleatIn's compen.
this State, for each, and every year during which he shall
continue to do and perform well and faithfully all the du-ties
enjoined upon him by this act, to be paid half yearly
by an order drawn on the State-treasurer.
, SEC. 30. And be it enacted, That the Goyernour of Covernour to
this State, for the time being, be and he is hereby autho..dcilvtFir to flin
rized and required, on application as hereinafter direct-L igtiltea! ot.
ed, to deliver out tosthe militia of this State, a portion or
the whole of the arms belonging to the State :that is to
say ; to every private or non-commissioned officer enrol-led,
and fully equipped with the uniform of his' company,
in any company of infantry, light infantry or grenadiers,
one musket, with bayonet, belt and cartouch-box : Pro-vided'however,
that no such arms or accoutrements shall
be delivered by the governour, unless he shall-be fully
satisfied by the certificate of at least two majors and one
colonel or lieutenant-colonel of the brigade from which
such application may be made, that the company apply-ing
for the same does, at the time of making such appli-cation,
- contain a number not .less than, forty effective
members, exclusive of commissioned officers, all of whom
shall be fully and completely equipped with the 'uniform
of-such company ; and provided also, that before the dis-tribution
of any such arms as aforesaid, the commission-bond before re-cd'officers
of the company applyitg for the same, togeth-ceivingtheurnis.
20 LAWS OF THE STATE
CHAPTER er with at least two good and substantial- freeholders,"!.tO . be approved by the governour, shall give bOtql thelfe,
"27. nal sum of one thousand dollar* in the'nameofthe'Sfate
Of Delaware, with a condition annexed, that.thearinssci
delivered shall be kept in good order and'conditiOni'and
promptly returned to the military commissary residing
in .the county where such arms have been Used, ortostich
other receiving officer as May be designated by the go.
vernour, when by him so ordered, or that on failure to
make such delivery within twenty days after having been
required so to do, the sum of fifteen dollars to be paid to
the State-treasurer, for the use of the State, for eaclvand
every musket, with its bayonet, belt and cartouch-box,
Doty of the not so returned: and it shall be the daty of the military
comllussurips. commissaries of the respective counties; or such other.re-ceiving
officer as may for that purpose be designated by
the governour, when and'as often as any such arms or ac-coutrements
are presented for return, to examine careful-ly
all such arms and accoutrements, and if not in the order
required by this act, a reasonable allowance only being
made for wear and use, to refuse receiving the same, and
make report, forthwith, of his proceedings in the case, to
the Governour. All bonds taken in pursuance of the
provisions of this section, shall. be lodged in the office of
the Secretary of State.
Filws uno- SEC. 3t. And be it enacted, That if any officer, non.,
days of exe rcise."" commissioned officer or private shall neglect or'refuse to
appear, at the time and place appointed to exercise, either
in company, -battalion or regiment, such officer, non-coma
missioned officer or private, so neglecting or refusing, if
not excused by a 'court-martial, shall be fined,.if a colo-nel
or lieutenant-colonel, ten dollars,if a major, six dol- lars,if a captain, four dollars;if a subaltern, three dol.
lars,and if a non-commissioned officer or private, two
Return of fines. dollars ; and the return of all lines incurred on a battalion
or regimental dlv, by field officers, shall be made by the
highest officer in rank attending, to the commissary, in
the same months in every year as is prescribed by this act
for returning company fines, and under the same penalty
as is herein provided of irregular returns of company
fines, and to be sued for in like manner, and to be charge-able
to the commissary by the auditor, on settlement, as
herein before provided with regard to commanding 'offi-cers
Penalty for Sac. 32. And he if enacted, That any commissioned
cu"- officer. non-commissioned officer or private ohnilitia, duct, Sze.
- who shall be disordtrly*or disobedient, or guilty of tin-
niilitary:Coraltiet:- on-a 'muster pr tr.aining'day,' orntany
ether titne.--whe'n on a commissioned officer;
shall- tint:, under - arrest by the cotnrnnadingoffffi lcr, or
tried-by-a.cotirt--inartial, and may be ca'shierect,ifa nod-
Coitimissioned officer-or priyate, he shall be- confined du-rink
the-tilne of said muster or training; at the:discretion
of hisofficersi-and shall-be:fined net more than five dol-lars
nth less. than two dollars, at the 'discretion of a court-
Stc. 23.- And be it enacted, - That the Gov'ernour or 0/orb-morn-
Commander-in..chief shall appoint courts-martial-1ov the VI tw'rVai
trial of-all officers above the rank of captain,---that the of Accra.
major-general-or commandants of brigades shall 'appoint
otourts-martial.for the-trial.of captains and .all -'officers un-der
that rank, agreeable to the ,rules established by -che
coagress of the United States: and it shall be the duty of
everk officer_ who-shall appoint a court-martial to approve
or disapprove of ev'ery sentence 'of suCh court-martial
by theft appointed: and the 'officer Who shall appoint' a
eourt-mArtial shall, at the same time, appoint a judge ad- Jtuligp advo-vocap,
Whose duty it -shall- be, impartially to. stale the Cat; "9 "es'
evidence both for and against the officer or other person
under trial i take accurate minutes of the evidence and all
proceedings of the court ; all of which he shall transmit,
with the judgment of the court thereon, under seal, 'to the
officers whose duty it iS to approve or disapprove such
judgment; every officer put under arrat, or suspended
froth command, shall haven copy of the charges exhibi. copy of char-fed
against -him, ten days before the sitting-of said court; g" for accused.
and in case. any officer for 'the trial of whom a court-mar-tial
shall be appointed, shall neglect to appear, unless in
case of his sickness or. unavoidable accidents, which shall
be made appear to the satisfaction of the said court, and
make- his defence, he shall be deemed by said court guilty
of the charge or charges and sentenced according. All
courts.martial shall be' carried on in day time, 'and when
the members shall be -required -to vote on a question of
decision, they shall begin with' the youngest in commis-sion
-first. All persons shall be holden to appear and Witnesties.
give evidence before a court martial, under the penalties
for neglect, as are bylaw provided-for witnesses in other
cases; when summoned -by a 'justice of the peace: and if PermIty for
any subaltern or private 'shallrefuse or negleit to serve not s"""F
on a court-martial, when duly noticed thereof, he-shall be
fined, if a ubaltern, four dollars, and if a private two
dollars: to be returned and colleCted as other company
fines, unless excused by the commanding officer of the
22 LAWS OF THE STATE
Courts-meti- Sc. 34. Arid be it enacted, That all courts-martial
tald 1noti.for the trial of non-comrnissioned officers-'ancl.,privates,
privates, tse. shall be appointed by the captain or commandingoffieer
of the company, which shall consist.of one subaltern+ and
four privates, the subaltern to be:president thereof: and
at Buell courts6martial no person shall be excused, unless
it be made appear to the entire satisfaction of the court,
by the testimony of one or *[more] disinterested witnes-ses,
that he was prevented from attending and doing du-ty
by sickness of himself, family or other unavoidable
circumstances of such nature as to demand, his personal
Oath of mem- SEC. 35. And be it enacted, That every member of-a hers of 'me-m:
11.0M. court-martial for the trial of a commissioned,.
officer or private, shall, before he pronocn-ecoemmdisssi onetdo
discharge the duties of a member of such court, take the
following oath or affirmation ; to wit: that he will faith-fully
and impartially 'perform the duties of a member of
the said cburt-martial, without favour or partiality:
which said oath or affirmation may be administered by Any
commissioned officer or by the president of the said court.
"11,"'Ntn lie SEC. 36. And be it enacted, That- the commisshined
),..1.. officers of every regiment shall be called out twice in eve-ry
year; that is to say ; once in the month of May and
once in the month of September annually, by order of the
commanding officer of each regiment through the adjutant
of the same, to be by him trained and exercised, under
the inspection of the field officers of the regiment, the
time and place of exercise to be appointed by the corn-mantling
officer of the regiment: and if any commis-sioned
officer shall neglect or refuse to attend, 'or, if at-tending,
shall refuse to be exercised, he shall be fined
any sum not exceeding ten dollars, at the discretion of a
Arreq, or Sic. 37. And be it enacted, That the adjutant-general
tors and Adju- shall have power to arrest the brigade-inspector for neg-tant/
4. lect of duty, or disobedience of orders: that the brigade-inspector
shall in like manner have power to arrest adju-tants
of regiments, and that the returns of such arrests
shall he made,in case a brigade-inspector is arrested,
to the commanding officer of the brigade to which such
inspector shall belong,and in case of the arrest of an
adjutant, to the commanding officer of his regiment, who
shall respectively appoint the court-martial for the trial of
" More " omitted in the original.
OF DELAWARE.' - 23
ps. And be it enacted," That all- and every person Porsoili boa.
or persons,whatsoever; now h'oldin g any Muskets, colonrS,
drums, .6r:instruments- of martial, music, belonging to the liver them, &a,
ofthis- State,' shall fortWith deliver over the same
to the captain of th'e -district vherein they reside, under
the penaltyof twentY dollars, to be sued for and recover- Penalty.
ed in'-like manner as debts under forty shillings are by
the laws of the State recovered.
Sgc. 39.- And be it enacted, That the rules and articles Articles of
of *al, eitablishecl by the-General Government for the ar-my
of the United States, are enacted and declared to be the
rules and articles applicable toihe government of the mili-tia
of thiS.State, whenever the said militia, or any part or
detaament thereof, shall be called into actual service by
authority of this State or of-the United States.
- SEC. 40. And be it enacted, That with every commis- Copig lids
SIOn issued.under this act, the governour shall cause to- be "et °Mee";
deliveredior transmitted to the person receiving such ap-pointment,
one copy of this act ; and that the governour
may be-enabled to carry this part of the law into effect,
the Secretary of State is hereby required to have printed soo to be twin.
and published, forthwith, separate and a part from other ted*
laws that ap- oit may be passed at the present session,
three hundred copies of this act.
SEC 41. And be it enacted. That the act entitled "An Ilepeul of
act to establish an uniform-militia. throughout this State," former i ims. --
4, p. 1;i3 to passed on the 10th day of August, 1807. and the act enti-tled
" A supplement to the act entitled "An act to eSta. 158,7", 2)1171:
blish an uniform militia throughout this State," passed on
the second day of February, 1811, and the act entitled p. "A supplement to the act entitled ttn act to establish an1:119;:1,17,
uniform militia throughout this State," passed -on the P. ') "1'5".
25th day of May, 1.812, and the act entitled "An addi- .233, vt. A,
tional supplement to the act entitled An act to establish p. SO to 511.
an uniform. militia thruughout this State," passed on the
30 day. of January, 181v, and the act entitled "An act to Ch. 74
repeal fines for non-attendance on days'of parade, and for p. 1117:
other purposes," passed on the 2c1 day of February, 1816,
be, and every part of the said recited acts is, from and
after the passing of this act, declared to be repealed, made
null and void.
PASSED AT DOVER, }
24 ' ' LAWS:OF:T,H . E 'ST.A TE . S
- , CeIVTER : .i, .. ,. ',,;''. ,!;.:-.:'-..,!;i',.':Ii;,'- ::'',.1 '..:',.';`.1 .-;: A,;,',,,;.,, '. ', .
I'''Ir. ' ' '`:::: ..: ; .., li CHAPTER -IL; , , -:;4--?-4'.-,:!'A.'-i'ii--;,-,
iii\l. litT, to enable :Sarah; IC,'H' ids; tt, ,.of;H" S`ti S S e' x''''.e.-. o'i trij ' ' '`:'
'-- to bring lnio'ithis State,- front.thhtStateof,,:t1fargland;
"- a 'certain,negro 3lave..therein.nientioited.,,,,,:-1.,.- :.-;,,;;;
:' . - - ,';'--. ' ,- , . ' - ...1;1., ,;,..-,,-'...,....,.- . .; ,,
PASSED AT noVETU,' 1' : ., - : -',.,'''' -t",,,-,.:. t ,;:i ,o,-4,.:' YRIYATE :A.CT.' ' . ', i January 10,' 1827. .
AN ,ACT to dissolve the. bonds..Of Matrimon y...bettueen
Ann Clark and herhusbanil-Abraham:Clark; .
PASSED AT ,DOVER,
January .19, 1827.
CHAPTER IV.. : ..
AN ACT, to authorize .Curtis. Pr;.ncklel3e,i-tvick to remav,e
from the State of Maryland, into this Stcltei.axertain
male negro slave.
PASSED AT DOVER, I -
January 19; 1827.
' PRIVATE ACT.
, ATE.. ACT. , . .
CHAPTER. V, . i ,
A SUPPLEMENT (p the act entitled 4,11t-t act;to.tn,r.
corporate a company for making an artificial rOadfrotn
or near the :borough ,oprilmiligton, in ty.eortyJof
Newoastle,.on the east,side,ofthe Branclywinker4eh
in the rout through West-ohester, to tur npi.he
?wads in the great :valley, in the.State..ofRennsyltian
Toll Br IT ENACTED, by the Senate and' House.okRep4
resentativeff of the pate, of Delaware, in General iAs-sembh!
met, That any person ror,,persqns, whoahalt
hereafter travel on the said turnpike mad, pr
any space ordistanee hisa than one mile, shall be...charged
and required to pay toll or, tolls as.for one full or .entlyp
thilel:(and;Nlieb; hecorilhig" to the ..rite. -,darthR
ofto1lsstablihd the act /tor Which.rthigiS .a'-'suppldz
Merit,4aniount,.:tdr'any stim:jels'..thazi.one cent, the-. 014 1827;
.ccqupRitsWl.have:a,rtht;to.ctem'and:.'and receive for the
|CONTENTdm file name||3069.cpd|
|Title||Laws of the State of Delaware - Volume 7 - Part 1 - Page 1|
|Creator2||Delaware General Assembly|
|Full Text||lacgO OP THE-STA. TE OP DMIJAVTARM; PROM THE SECOND DAY OF JANUARY, ONE THOUSAND EIGHT HUNDRED AND TWENTY- SEVEN, TO THE SIXTEENTH DAY OF FEBRUARY, ONE THOUSAND EIGHT HUNDRED AND TWENTY- NINE. VOLUME VII. PUBLISHED BY AUTHORITY. DOVMS,. 1829.|
|CONTENTdm file name||48779.pdfpage|
Laws of the State of Delaware - Volume 7 - Part 1 - Page 1for