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2 join, or do duty together, the senior officer present, 3 according to rank, shall command without regard to
SEC. 85. When a company destitute of commis2 sioned officers, shall parade with other troops, the 3 commanding officer present shall assign some com4 missioned officer or officers to such destitute com5 pany, to command the same while on parade.
SEC. 86. Every commanding officer, when on duty, 2 is hereby authorized to ascertain and fix necessary 3 limits and bounds to his parade, no road in which the 4 people usually travel, to be included; within which 5 no spectator shall have a right to enter, without liberty 6 from such commanding officer; and in case any per7 son shall intrude upon the limits of the parade, after 8 once being forbidden, he shall be subject to be put 9 under guard, during the time of parade, or a shorter 10 time at the discretion of the officer.
SEC. 87. It shall be the duty of each commanding 2 officer, drawing cartridges in pursuance of the forty3 second section of this act, to cause them to be dis4 tributed equally among his men on the parade, and 5 to be used in teaching his men precision in firing.
SEC. 88. Any non-commissioned officer or private, 2 who shall, while under arms or when on duty, behave 3 himself with contempt to an officer, or shall conduct 4 in a disorderly manner, or excite or join in any tumult 5 or riot, or be guilty of any other unmilitary conduct, 6 may be put under guard, and so kept for a longer or
7 shorter time, at the discretion of the commanding off8 cer of the company, not beyond the time, when the 9 company to which he belongs is dismissed, and shall 10 moreover forfeit a sum not less than five, nor more 11 than twenty dollars for each offence, according to the 12 degree and aggravation thereof.
SEC. 89. All companies raised at large by volunta2 ry enlistment, may establish by-laws and regulations. 3 not repugnant to the laws of the State, for perfecting 4 themselves in military knowledge and discipline, in 5 which they may determine what number of company 6 trainings they will have in each year, and may estab7 lish penalties and forfeitures to enforce the observance 8 thereof, to be recovered by action of debt in any 9 court of competent jurisdiction; for assessing and 10 collecting funds and for any other purposes necessary 11 for the good order and government of such compa12 nies; which by-laws and regulations shall be binding 13 on such of the members thereof, as subscribe their 14 names to the same.
SEC. 90. No private shall be compelled to perform 2 any other military [duty] in one year, than is herein 3 provided, except in time of war, or public danger, 4 and for choice of officers, nor after sunset. But on
5 the approach of any public danger, when in the opin6 ion of the commander-in-chief, any of the exigencies 7 are likely to happen, upon which the militia could by 8 the constitution of the United States, be called into 9 actual service, he shall have power to order such oth
10 er and further trainings and disciplining of the militia, 11 or any part thereof, as he may deem necessary.
SEC. 91. Whenever the commanding officer of a 2 company shall order out his company for inspection 3 or training, or for any battalion, regimental, brigade 4 or division review, or inspection, he shall issue orders 5 to some one or more of the non-commissioned officers 6 or privates of his company, requiring him or them to 7 notify the men belonging to his company, whose 8 names shall be contained therein or annexed thereto, 9 to appear at the time and place appointed; and it 10 shall be the duty of the non-commissioned officer or 11 officers, private or privates, so ordered as aforesaid, 12 to give notice of the time and place appointed for 13 the parade of said company, to each and every man, 14 he or they shall have been ordered to notify, either 15 verbally, or by delivering to each man in person, or 16 by leaving at his usual place of abode, a written or 17 printed order; but no private shall be obliged thus to 18 notify more than once in the same year.
SEC. 92. No notice shall be legal for any company 2 inspection or training, or for any battalion, regimen- ̈ 3 tal, brigade or division inspection or review, unless 4 the same shall be given four days at least previous to 5 the time appointed therefor; and ten days previous 6 notice shall be given if the meeting be ordered for the 7 election of officers. Provided always, that in case of 8 invasion, insurrection or other emergency, any notice, 9 however short, shall be legal and binding. And
10 whenever any company shall be paraded, the com11 manding officer thereof may verbally notify the men, 12 so paraded, to appear on some future day, not exceed13 ing thirty days from the time of such notification, for 14 any military duty required by law, and such notice 15 shall be legal as respects the men present.
SEC. 93. When any non-commissioned officer or 2 private in any company shall receive orders from the 3 commanding officer of such company, to notify and 4 warn such company, or any part thereof, to meet for 5 the purpose of choosing any officer or officers, it shall 6 be the duty of such non-commissioned officer or pri7 vate, to give every person he is so ordered to warn, 8 verbal notice, or leave a written or printed notification 9 at his usual place of abode, specifying the time, place 10 and purpose of said meeting.
SEC. 94. All excuses for non-appearance of non2 commissioned officers and privates, must be made 3 within twenty days after any training, view of arms 4 or other military duty, to the commanding officers of 5 their respective companies; and on the delinquents 6 producing, or causing to be produced, satisfactory 7 evidence of his inability to appear, his commanding 8 officer may excuse him; but all commanding officers 9 of companies are hereby forbidden from receiving 10 any excuse for non-appearance, under any pretence 11 whatever, after the expiration of the twenty days 12 allowed. Any such non-commissioned officer or pri13 vate, who shall neglect to give, or cause to be given,
14 to his commanding officer, such satisfactory evidence 15 of his inability to appear, provided he is not prevent16 ed therefrom by severe sickness, or other inevitable 17 accident, within said twenty days, shall forfeit and 18 pay the penalty by law provided for such non-appear19 ance. And if a warrant be issued to an individual, 20 who may have held a commission in this State, or 21 any other of the United States, which may not be 22 within the knowledge of the commanding officer of 23 the company in which he is so warned, it shall be his 24 duty to give notice thereof, in manner above provi25 ded, or such commission shall not exempt him from 26 such fine as would otherwise be imposed upon him 27 for non-appearance. All commanding officers of 28 companies shall inform, or cause the clerk to be in29 formed, of all excuses for non-appearances, which 30 they may allow as good and sufficient.
SEC. 95. Every non-commissioned officer, musi2 cian or private, who being duly ordered to appear at 3 any time and place, appointed for military duty, ac4 cording to law, shall unnecessarily neglect to appear 5 at such time and place, shall forfeit for every such 6 neglect the sums hereinafter mentioned.
7 For unnecessarily neglecting to appear at the com8 pany inspection and view of arms on the first Tues9 day of May, five dollars; unless permitted by law to 10 send his arms and equipments on that day for inspec11 tion.
12 At any company training, four dollars.