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15 times aforesaid, in all cases of absence or inability of 16 their adjutants, or of vacancies in the office.

SEC. 26. If any captain or commanding officer 2 shall neglect or refuse to make, or cause to be made, 3 a return of the state of his company, as it existed on

the day of the annual inspection in May, to the com5 manding officer of the regiment, on or before the first 6 day of June, annually, and shall so continue to neg7 lect, for fifteen days thereafter, being notified by the 8 adjutant of the regiment, to which such company be9 longs, that said return has not been received, he shall 10 forfeit and pay a fine of ten dollars, one half thereof 11 to the use of the State, and the remainder to the ad12 jutant of the same regiment, who shall be required to 13 collect said fine by an action of debt, in any court 14 proper to try the same.

SEC. 27. The commanding officer of each company 2 of artillery or cavalry, not attached to any regiment 3 or battalion, shall cause the clerk of his company to 4 make an abstact return of the state of his company on 5 the day of annual inspection, to the office of the ad6 jutant general, on or before the first day of June, an7 nually.

SEC. 23. The returns herein named shall be con2 veyed by mail, and the certificate of the post master 3 of the office where the same is deposited, that the 4 adjutant, or clerk, or other officer as aforesaid, did 5 deposit for transmission to the office of the adjutant 6 general, copies of returns as aforesaid, shall be con

7 clusive evidence of his performing the duties required & of him, in transmitting the returns aforesaid.

SEC. 29. The captain or commanding officer of 2 every company raised at large, shall annually in the 3 month of August, make out a list of the names of the 4 men belonging to his company, and deliver the same 5 to the commanding officer of the regiment, within 6 whose bounds such men reside.

SEC. 30. The adjutant general shall form and sign 2 correct abstracts of all the returns, as before herein 3 required, and transmit one of them to the command4 er-in-chief, and one to the president of the United 5 States, on or before the first day of January annually. 6 And it shall be the duty of the adjutant general to 7 furnish the oflicers, from whom returns are required, 8 with proper books, and, from time to time, with 9 blanks containing proper forms of the abstracts and 10 returns aforesaid, and for rendering military accounts 11 and other purposes, and the form shall be uniform 12 throughout the State.

SEC. 31. Every officer, non-commissioned officer 2 and private of infantry, cavalry, artillery and riflemen, 3 shall constantly keep himself furnished with arms and 4 equipments, required by the laws of the United States, 5 referred to in the first section, except such privates as 6 shall not be able so to provide themselves.

SEC. 32. The officers of the militia, chaplains and 2 surgeons excepted, while on duty or whenever or3 dered out for elections, drills or courts martial, by

4 their superiors, shall wear a uniform dress, to consist 5 of a blue coat with such trimmings, and other articles 6 of dress of such color and fashion, and with such 7 equipments as shall be prescribed by the commander8 in-chief, except where the same is regulated by the 9 laws of the United States.

SEC. 33. The arms, ammunition, accoutrements 2 and uniform of every officer, non-commissioned offi3 cer and private, and the uniform and musical instru4 ments of such musicians, as are mentioned in the 5 twenty second and twenty third sections of this chap6 ter, shall be exempted from attachment, execution and 7 distress.

SEC. 34. No private shall be considered as unable 2 to provide himself with the arms and equipments 3 required in the preceding section, unless he shall pro4 duce after the first day of April, and before the first 5 Tuesday of May, annually, to the commanding offi6 cer of the company to which he belongs, a certificate 7 of such inability from the overseers of the poor of 8 the town or plantation where he resides. And the 9 commanding officer of the company to which such 10 private belongs, shall forthwith lay such certificate 11 before the selectmen of the town, or assessors of the 12 plantation, where such private resides. And it shall 13 be the duty of such selectmen or assessors, forthwith, 14 at the expense of their respective towns or planta15 tions, to provide for every such private, the arms and 16 equipments required as aforesaid; and they shall de

17 posit the same in some safe and convenient place, 18 and shall permit the commanding officer of the com19 pany, to which such private, unable to provide himself 20 as aforesaid, belongs, to deliver such arms and equip21 ments to such private, whenever his company shall 22 be ordered out for any military duty. The said com23 manding officer shall be responsible for the safe return 24 of such arms and equipments to the place of deposit. 25 If any town or plantation shall neglect to furnish 26 arms and equipments to such privates as are unable 27 as aforesaid, to equip themselves, such town or plan28 tation shall forfeit and pay not less than twenty nor 29 more than fifty dollars, to be recovered by indictment 30 to the use of the State. But no person so furnished 31 with arms and equipments, shall, for that reason be 32 considered a pauper.

SEC. 35. All parents, masters or guardians shall 2 furnish all minors under their care, who shall be en3 rolled in the militia, with the arms and equipments 4 required by law; and if any parent, master or guar5 dian, having any minor under his care enrolled as 6 aforesaid, shall neglect to provide such minor with 7 the arms and equipments required by this act, the said 8 master, parent or guardian is hereby subjected to the 9 same forfeitures as such minor would be liable to for 10 a like deficiency if such minor were of age. Provi11 ded, however, that such parents, masters or guardians, 12 as shall produce on or before the first Tuesday of 13 May, annually, certificates from the overseers of the

14 poor of the town or plantation in which they reside, 15 of their inability to provide arms and equipments as 16 aforesaid, to the commanding officer of the company 17 in which the minor under his care is enrolled, shall be 18 exempted from the forfeitures aforesaid.

SEC. 36. No officer, non-commissioned officer or 2 private, shall be arrested on any civil process, during 3 the going unto, remaining at, or returning from any 4 place, at which he may be ordered to meet for the 5 election of any officer or officers, nor during his go6 ing unto, returning from, or his performance of mili7 tary duty. And no officer shall be arrested in any 8 civil process, while going to, serving upon, or return9 ing from any court martial, court of inquiry, or board 10 of officers, upon which it may be the duty of such 11 officer to attend.

SEC. 37. Each regiment of infantry, and each bat2 talion of cavalry and artillery, shall be furnished with 3 the State colors, and each company of infantry, 4 artillery, light infantry and riflemen, shall be furnished 5 with a drum and fife, or bugle horn; and each brig6 adier general is hereby authorized to draw orders 7 upon the quartermaster general, in favor of the com8 manding officers of regiments, battalions and com9 panies for the above purposes, whenever the several 10 regiments, battalions and companies, may not be 11 supplied as aforesaid. The commanding officers of 12 regiments and battalions shall be responsible for the 13 safe keeping of their colors; and the commanding

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