An Act authorizing a Lottery for the benefit of the navigation of the Buttahache river.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall and may be lawful for Anthony Winston, William Wilson, Jesse Vanhoose, James Davis, Robert Gillespie, Isaac Anderson, James Moore, William Metcalf, Jabez Fitzgerald, Lemuel Bean, J. S. Fulton, Richard Ellis and John D. Terrell, or a majority of them who may take upon them the duties enjoined by this act, to raise by lottery in one or more classes as to them may seem necessary any sum not exceeding thirty thousand dollars, to be appropriated, exclusively to the navigation of the said Buttahache river: Provided always, that the navigation of said river, shall in nowise effect private property, without just compensation being made therefor, which compensation shall always be ascertained by a jury, according to the existing laws regulating the erection of mill dams.
Sec. 2. And be it further enacted, That the said Anthony Winston Wm. Wilson, Jesse Vanhoose, James Davis, Robert Gillespie, Isaac Anderson, James Moore, Wm. Metcalf, Jabez Fitzgerald, Lem. Bean, J. S. Fulton, Richard Ellis and John D. Terrell, or such majority of them as may choose to serve, shall, before they enter upon the duties to them assigned in this act, enter into bond with sufficient security, payable to the Governor for the time being, or his successors in office, before some one of the Judges of the Circuit Court of this state, conditioned for the faithful performance of all the duties of them required by this act: which bond, by the Judge taking the same, shall be placed in the Clerk's office of the Circuit Court for Marion or Franklin county in this state, and may be put in suit in the name of the Governor of the state of Alabama for the time being, by any person or persons who may be injured by a breach of any of the provisions of this act.
Sec. 3. And be it further enacted, That it shall be the duty of the said person, or such of them as may choose to act under this law, within ninety days after the completion of the drawing of the lottery aforesaid, to pay to the fortunate drawers in said lottery, or to his, her or their legal representatives; such prize as may be due agreeably to the scheme they may have determined upon and published.
Sec. 4. And be it further enacted, That the said lottery shall be drawn at Franklin court house or Marion court house in this state, as may be agreed on by the acting managers aforesaid, who shall in some printed newspaper within the state give due notice, of the time and place of such drawing; which shall be conducted in such manner and under such regulations, and responsibilities as to the aforesaid persons may seem most expedient: Provided, that each clerk or other person concerned in the drawing of said lottery shall take an oath be-
fore some Justice of the Peace, faithfully and impartially to discharge their respective duties.
Sec. 5. And be it further enacted, That should the said lottery, or any class thereof, not be drawn within four years after the scheme thereof shall have been published the same shall cease and the purchasers of tickets may demand and recover of the managers, named in the first section of this act, any money disbursed for tickets in said lottery.
Sec. 6. And be it further enacted, That within a convenient and reasonable time after the lottery shall have been drawn the commissioners acting under this act shall give public notice in some newspaper, that the navigation of the said river Buttahache at a certain place will be let to the lowest bidder, which lowest bidder shall be the undertaker of the said river; Provided he shall give to the said managers good and sufficient security to their satisfaction: for the faithful performance of his undertaking. And the said managers shall be authorized to make to the said undertaker such disbursements and at such times as they may think proper.
An Act to incorporate the town of Selma in the county of Dallas.
Section 1. BE it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all that tract of land included within fraction thirty-six in township seventeen, range ten, and fraction thirty one, in township seventeen range eleven west of Alabama river, including the river adjoining said fraction, to the middle of the same in the county of Dallas, shall be called and known by the name of the town of Selma.
Sec. 2. And be it further enacted, That on the first Monday in April next and annually thereafter, between the hours of ten o'clock in the forenoon and three o'clock in the afternoon, an election by ballot shall be held for five councillors at some convenient public place in said town. And that all free white male persons of the age of twenty-one years and upwards who shall be land holders or house holders within the same, or shall have resided therein three months, next preceding such election, shall be entitled to vote for said councillors; and when the election shall be closed, the managers thereof shall proclaim the result and give notice to the persons elected, who shall on the following day at the hour of eleven o'clock in the forenoon, meet at the place where said election was held, and there proceed to elect by ballot from the own body, an Intendant whose duty it shall be to preside and preserve order at all meetings of the Council, and the persons so elected shall continue in office until their successors are duly qualified.
Sec. 3. And be it further enacted, That the first election shall be held and conducted by Gilbert Shearer, William Johnston, Benjamin L. Saunders, Nathaniel G. Brown, and William Read, or any three of them who shall give ten days previous notice of the time and place of holding said election by advertising in three or more public places in said town. And all future elections shall be managed by such persons, not exceeding three in number, as the Intendant and Council shall annually appoint, who shall give the like notice of the time and place of holding the same. And the Intendant and Council respectively shall before entering on the duties of his or their office take the following oath before some Justice of the Peace of Dallas county, to
wit: I _______ do solemnly swear, that I will equally and impartially perform all the duties required of me by the act incorporating the town of Selma, so help me God.
Sec. 4. And be it further enacted, That the Intendant and Council are hereby declared to be a body corporate by the name of the Town Council of Selma and by that name, they and their successors, shall be capable of suing and being sued, pleading and being impleaded in all manner of suits, either in law or equity, to have a common seal, and the same to alter at pleasure, and may purchase, have, hold, possess, receive, enjoy, and retain in perpetuity, or for any term of years, any estate, real or personal, not exceeding in value ten thousand dollars, and may sell or lease the same.
Sec. 5. And be it further enacted, That if the Intendant die, resign, be removed from office, or absent the Council shall fill such vacancy by an appointment pro tempore or otherwise, and vacancies in the Council shall be filled by the Intendant and remaining Councillors; a majority of whom shall be a quorum to transact business.
Sec. 6. And be it further enacted, That the Council shall have power to pass all such orders bye-laws and ordinances respecting the streets, markets buildings, pleasure carriages, wagons, carts, drays, and police of said town, that shall be necessary for the security and welfare of the inhabitants thereof; and for preserving health, peace, order and good government within the same, and to assess a tax on the inhabitants thereof not exceeding one third part of the amount of the State tax which is paid for property of the same kind, they shall have power to prevent and remove nuisances, to appoint patrols and define their duties to affix fines for offences against their bye-laws and ordinances, not exceeding fifty dollars for every offence, to be recovered before the Intendant, or any member of the Council for the use and benefit of the town, to assess a tax on licenses to retailers of spirituous and other liquors and billiard tables kept for use in said town, not exceeding on the former the sum of ten dollars, and on the latter the sum of fifty dollars in any one year ; they shall have power to appoint a Clerk and Treasurer, an assessor and collector of taxes and constable for said town, to affix the salaries and fees of such officers respectively and define their duties, to confine any person or persons for a time not exceeding two hours, who shall incur any penalty or forfeiture inflicted by any of the ordinances of said corporation, passed conformably to the powers vested in them by this at.
Sec. 7. And be it further enacted, That the Intendant and each and every of the Council , shall be vested with all the powers and authorities that justices of the peace are vested with by the laws of this State, and shall and may exercise the same within the limits of said town, but in matters of debt, only where the Town Council shall be a party; subject nevertheless to an appeal to the Circuit Court of the county in which such town shall be, as in cases of appeals from the decisions of justices of the peace.
Sec. 8. And be it further enacted, That the Intendant and Council shall have no power to assess a tax on lands which shall not have been laid off and sold, or any property of the United States or this State, or property belonging to any seminary of learning, church or religious society, they shall have no power to tax the improvements on any lot for the term of three years, or to make any bye-laws or ordinances repugnant to the laws of this State, and this act and all the bye-laws and ordinances shall be subject to revision or repeal by the General Assembly.
Sec. 9. And be it further enacted, That if the Intendant or any member of the Council shall be guilty of any wilful neglect of duty, or malpractice in office, he shall forfeit and pay a sum not exceeding two hundred dollars for every such wilful neglect or malpractice to be recovered by any person suing for the same, in any court having cognizance thereof, and paid into the Treasury of the county, in which said town shall be.
Sec. 10. And be it further enacted, That if an election shall not be held according to this act, the Intendant and Council for the time being shall order an election to be held within twenty days thereafter, and the Councillors thus elected shall continue in office until the next annual election.
An Act to authorize Jeremiah Austill to dispose of the lands of the late David Files.
Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Jeremiah Austill be, and he is hereby authorised so soon as he shall have obtained letters of administration on the estate of the late David Files to sell at private sale, the lands purchased by the said Files of the United States and to transfer to the purchaser the certificates for the same.
An Act to organize the Militia of this state.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all free white men and indented servants between the age of eighteen and forty five years, shall compose the militia of this state : Judges of the Supreme, Chancery, Circuit and County courts and their respective clerks, Secretary of state, Treasurer, Comptroller, Attorney General, Solicitors to the different Circuits, licensed Ministers of the Gospel of every denomination, Public Ferrymen, Justices of the Peace, Postmasters, and Post- riders, shall be exempt from militia duty, except in case of imminent danger, insurrection or invasion.
Sec. 2. And be it further enacted, That the militia of this state shall compose four Divisions; the first of which shall consist of the counties of Jackson, Madison, Limestone and Lauderdale; the second Division shall be composed of the counties of Cotaco, Blount St. Clair, Lawrence, Franklin, Marion, Tuscaloosa, Shelby and Jefferson; the third Division shall be composed of the counties of Greene, Marengo, Perry, Cahawba, Autauga, Montgomery, Dallas and Wilcox; the fourth Division shall be composed of the counties of Monroe, Conecuh Henry, Butler, Clarke, Washington, Baldwin, and Mobile : which Divisions shall form nine Brigades; the first of which shall be composed of the counties of Jackson and Madison; the second, of Limestone and Lauderdale; the third, of the counties of Cotaco, Blount, and St. Clair; the fourth, of the counties of Lawrence, Franklin, and Marion; the fifth, of the counties of Tuscaloosa, Jefferson and Shelby; the sixth of the counties of Greene, Marengo, Perry and Cahawba; the seventh of the counties of Autauga, Montgomery, Dallas and Wilcox; the eighth, of the counties of Monroe, Conecuh, Henry and Butler; the ninth, of the counties of Clarke, Washington, Baldwin and Mobile, each of which shall be commanded by a Brigadier General: Each Brigade shall consist of not less than two, nor more than five Regi-
ments; each Regiment to be commanded by a Colonel commandant and to be composed of two Battalions, the first of which shall be commanded by a Lieutenant Colonel; the second Battalion by a Major; Each Battalion shall consist of not less than two, nor more than five companies; each company shall consist of not less than forty privates and shall be commanded by a Captain, Lieutenant and Ensign four Sergeants, four Corporals and two Musicians.
Sec. 3. The Regiments shall be designated and numbered as follows viz: The county of Jackson, number one; the county of Madison number two and three; the county of Limestone, number four and five; the county of Cotaco, six; the county of Lawrence, seven and eight; the county of Franklin, nine; that part of Lauderdale county lying east of Shoal creek, shall compose regiment number ten; and that part lying west of Shoal creek, shall compose regiment eleven, St. Clair, twelve; Shelby, thirteen; Blount fourteen; Jefferson, fifteen; Marion, sixteen; Tuscaloosa, seventeen and eighteen; Greene, nineteen, Marengo, twenty; Cahawba, twenty-one; Dallas, twenty-two; Autauga twenty-three; Montgomery, twenty-four: Henry, twenty five; that part of Monroe lying east of the Alabama river, shall compose the twenty sixth regiment, and that part lying west of the Alabama, shall compose the twenty seventh regiment; Conecuh, twenty eight; Butler twenty nine: Clarke, thirty; Washington, thirty one; Perry thirty two. The northern regiment of Madison shall be the second regiment; the southern regiment of said county shall be the third regiment; the eastern regiment of Limestone, shall be the fourth regiment and the western regiment of the said county shall be the fifth regiment; the northern regiment of Lawrence shall be the seventh regiment; and the southern regiment of said county shall be the eighth regiment: and the line between the fifth and sixth townships shall be the dividing line of said regiments.
Sec. 4. Major Generals shall be elected by all the commissioned officers in the Division; Brigadier Generals shall be elected by all the commissioned officers in their respective Brigades: Field officers shall be elected by all free white males over the age of eighteen years in their respective regiments: captains and subalterns by all free white males over the age of eighteen years in their respective companies. All malitia officers may hold their commissions during good behaviour: none shall resign under two years, unless permitted to do so by a court martial; the President of which shall be of equal rank with the officer wishing to resign, under the penalty of being inelligible to any military appointment for the next succeeding two years. And in case any military officer may become a candidate at any election for a superior office and not be elected his place shall not be vacated thereby.
Sec. 5. From and after the passage of this act, when any election shall be holden for a Major General or a Brigadier General, it shall be the duty of the Executive to appoint the time of holding the same, giving not less than sixty days, nor more than eighty days notice for the election of a Major General; and not less than forty days, nor more than sixty days notice for the election of a Brigadier General.
Sec. 6. The Governor, upon issuing a writ of election for Major General, or Brigadier General, to the Sheriffs residing in said division or brigade, shall determine on one of the said Sheriffs to whom the other Sheriffs of the said division or brigade shall immediately upon the close of the polls, make their returns; and the Sheriff receiving the said returns shall within four days, transmit to the Secretary of the State, a correct poll of said election.
Sec. 7. The officers of the regiment in the division, or brigade shall vote at their respective court houses or places of holding court in each county.
Sec. 8. In elections for Major General, or Brigadier General , if any candidate be dissatisfied, he may notify the Governor, and the contending candidate, that he intends to contest said election; and shall file his reasons therefor, in the office of the Secretary of State, within twenty days after said election; whereupon the Governor shall, forthwith issue his order to the Adjutant General, directing a general court martial to be holden, to consist of not less than seven, nor more than thirteen officers of the divisions or brigades, which shall have power to decide; the President of which shall be of equal grade with the office for which the candidate may contest the election.
Sec. 9. The Adjutant and Quarter-master Generals shall be elected by joint vote of both houses of the General Assembly, and shall hold their offices for the term of four years: Provided, That the Governor shall have power to fill any vacancy that may occur in the recess of the General Assembly, by appointments to expire at the end of the next session of the General Assembly : Provided also, That at the first election for general officers under this act, the officers elected shall be commissioned under the same date, and draw for rank; and at all elections thereafter, the officers shall take rank from the dates of their commissions.
Sec. 10. The Major Generals shall have power to appoint an Assist ant Adjutant General to their respective divisions, whose duty it shall be to receive returns of the strength and condition of the militia from the Brigade Major, consolidate the same, and make out three fair copies thereof, lay them before the Major General for his inspection and transmit annually two copies thereof to the Adjutant General of the State, and retain the other copy in his own office. It shall also be his duty to make all details (in pursuance to orders from the Major General) on the different brigades of their respective divisions and keep a fair register of all the general orders and official acts of the Major General, and lay the same when required, before any tribunal, before which a Major General may be tried on any charges exhibited against him. The Major General shall appoint two Aids-de-Camp who shall have the rank of Major, and perform such duties as are performed by Aids of Major Generals in the army of the United States.
Sec. 11. Brigadier Generals shall appoint their brigade staff, which shall consist of a Brigade Major with the rank of Major an Aid-de Camp with the rank of Captain, and a Brigade Quarter Master with the rank of Captain. It shall be the duty of the Brigade Major to attend regimental drills when ordered by the Brigadier General, and drill the officers in conformity with the rules and regulations of the infantry of the United States, to receive from the Adjutants of regiments, returns of their strength and condition, consolidate the same and make three fair copies, which shall be submitted to the Brigadier General for his examination; two of which copies he shall annually transmit to the Adjutant General of the division to which his brigade may belong, retaining the other in his office. It shall also be his duty to make all details (in pursuance of orders from the brigadier general) on the respective regiments of his brigade and keep a fair register of all general orders, and official acts of the Brigadier General and lay the same before any tribunal, before which the Brigadier General may be tried on any charges alleged, when required to do so. It shall be the duty of the
Aids-de-Camp to perform such duties as are performed by Aids of Brigadier Generals in the army of the United States. Brigade Quarter Masters shall take charge of all public stores committed to their care; and perform all other duties required of Assistant Quarter Masters General in the service of the United States.
Sec. 12. The Assistant Adjutant Generals and Brigade Majors shall receive the sum of five dollars for each day they may be engaged in the discharge of their respective duties, to be paid out of any money in the Treasury, not otherwise appropriated on the certificate of the commanding officer.
Sec. 13. Major Generals may review any corps of their division, when they may think proper: Provided, they shall not convene by special order any troops for that purpose. Brigadier Generals shall review the different regiments of their brigades, once in each and every year. Major Generals, or officers commanding divisions, shall receive and execute all orders from the Governor, Brigadier Generals, or officers commanding brigades, shall receive and execute all orders from the Major General, or officers commanding divisions. Colonels or officers commanding regiments, shall receive and execute all orders from Brigadier Generals, or officers commanding brigades: and officers commanding battalions and companies shall receive and execute all orders from commanding officers of regiments.
Sec. 14. It shall be the duty of the Brigadier Generals to cause the commissioner officers of each regiment, to meet at their usual muster ground, and have them drilled two days previous to the regimental muster, giving at least thirty days notice thereof; and each battalion shall hold one muster annually, at such time and place near the centre of the bounds of the battalion as may be directed by the commanding officer of the regiment, he giving the commanding officer of the battallion twenty days notice of such muster, transmitting at the same time a copy of the order to the Major General of the division, whose duty it shall be to transmit to the Governor a copy of the same; and any officer failing or refusing to attend the aforesaid drills, may be arrested and cashiered, in addition to the fines contained in the twenty-ninth section of this act; Provided, That all reasonable excuses shall be taken.
Sec. 15. No sentence of a court martial affecting the life of an officer, shall be executed, until approved by the Governor, and four fifths of both houses of the General Assembly.
Sec. 16. It shall be the duty of a Major General to arrest a Brigadier General for neglect of any duties enumerated in this act, and order a court martial for his trial; and Brigadier Generals shall have power to arrest any officer in his brigade for neglect of duty.
Sec. 17. Any officer of the militia of this State, who shall be found guilty of conduct unbecoming an officer and a gentleman, shall be cashiered.
Sec. 18. Whenever any of the courts martial (regimental courts martial excepted) provided for in this act; shall have been detailed and convened, the senior or superior officer, shall be the President, and the court shall choose a Judge Advocate, who shall be sworn by the President to a faithful and impartial performance of his duty, and to keep the proceedings of the court secret until divulged by the officer ordering the same; the Judge Advocate shall then administer a similar oath to the President and members of the court.
Sec. 19. The Governor shall have power to appoint four suitable
persons as Aids-de-Camp, who shall have the rank of Lieutenant Colonel and serve the Governor in the same manner as the Aids of General officers do.
Sec. 20. The Adjutant General shall rank as Colonel of calvary: he shall receive from the Assistant Adjutant General of divisions all returns of the strength and condition of the militia of this state, and make out four fair copies thereof, annually, lay one copy of the same before each branch of the General Assembly, and retain one copy in his own office, for the information of the Governor. He shall transmit all orders from the Governor, and in pursuance of his orders make details in the several divisions of this State. He shall annually transmit to the Secretary of the War Department of the United States, a return of the strength and condition of the militia of this state. He shall obey and execute all orders of the Governor, and receive a compensation therefor, the sum of two hundred dollars.
Sec. 21. The Quarter Master General shall be charged with the care of all Public Stores of Arms, Ammunition, tents, camp-equipage &c. And whenever any part of the militia of this state shall be called into actual service, he shall on the requisition of the Governor furnish such article of arms, ammunition and camp equipage as may be in his possession or power to procure: He shall perform all such duties (when in the field) as are performed by Quarter Masters General in the army of the United States; And shall have the rank of Colonel of Infantry: He shall keep a register of all arms, accoutrements, and military stores belonging to the state; He shall also take care that the public arms and stores as may be returned by any part of the militia of this state who may have been in actual service; he shall at all times give to the Governor, when required, an account of the quantity, state, and condition of all arms, camp equipage and public stores that may belong to the state. He shall give security in the sum of two thousand dollars, for the faithful performance of his duty, and receive for his services, annually two hundred dollars.
Sec. 22. The Commander in chief for the time being may at his discretion, aid and assist the citizens of any portion of the State, in erecting temporary works and means of protection, and build such redoubts and establish such military posts as he shall deem necessary and best calculated to promote the common defence.
Sec. 23. The commander in chief for the time being, shall have authority to remove to some temporary place of safety and deposit such portion of the arms, ammunition and military stores at any time deposited in the Arsenal of the state, as circumstances may appear to require and when necessary in his opinion, to provide and furnish sufficient guards to protect the Public Arsenals, until it be found expedient to call out into public service, detachments of the militia on whom this duty may in part devolve; and it shall also be his duty from time to time, to examine or cause to be examined by some proper officer, the situation of the several arsenals throughout the state, to require security from the Arsenal keepers and to remove them for negligence, or other improper conduct, or for incapacity for performing the duties devolving on them as such, and to appoint in case of removal, other persons to supply the vacancy thereby occasioned.
Sec. 24. It shall be the duty of Adjutants of regiments to attend all regimental and battalion musters and assist in preparing for review or evolution. He shall keep a register of the officers of the regiment, with their grades, and the strength and condition of each company.
He shall obey all orders from the field officers of his regiment serve all notices or process directed to him, on the officers of his regiment. He shall make within ten days, after such muster, a complete return of the strength and condition of his regiment, and transmit the same to the Brigade Major of his brigade. He shall keep a record of all regimental or battalion orders, and the proceedings of regimental and battalion courts martial. He shall keep a register of every officer and private drafted or detailed for the service of the State, or the United States; muster inspect and march to the place of rendezvous every detachment of detailed militia, and forward a complete return of them to the Brigade Major. He shall distribute to the Captains or commanding officers of his regiments such forms of returns as the Brigade Major may furnish him with: and each Adjutant shall receive such compensation as the regimental court martial shall think proper for his services, to be paid by the Paymaster out of the fines collected on order from the President of such court.
Sec. 25. It shall be the duty of the Quarter Master to attend all regimental and battalion musters and under the direction of the commanding officer, choose a place of parade, and with a guard prevent disturbances from spectators. He shall, on order from the commanding officer of the regiment, purchase instruments of music, colours &c. and draw on the Paymaster for the same.
Sec. 26. It shall be the duty of the Paymaster to attend regimental and battalion musters, and aid in the execution of the orders of the commanding officers. He shall receive all monies collected for fines, by the Sheriff or Constable, and receipt for the same. He shall account to the regimental court martial at every annual Session, to the amount of fines received, and how expended: he shall, on order from the President of regimental court martial, pay the Quarter-master and Adjutant for expences and services. The regimental Paymaster shall retain six per centum out of the monies received, as compensation.
Sec. 27. The Adjutant Quarter Master and Paymaster shall rank as first Lieutenants: and the regimental Staff in addition to them, shall consist of a regimental Surgeon; two Surgeon's Mates, a Serjeant major a Quartermaster Serjeant a Drum-major and Fife-major.
Sec. 28. It shall be the duty of company officers to hold company musters once in every two months, except the months of November, December, January and February; to give ten days notice of every company, battalion or regimental muster, and advertising at the usual muster ground and six other places in the bounds of his company or in any newspaper circulating within the same, or notice given at one muster of the next company, battalion or regimental muster, shall be deemed sufficient notice of the same, and the commanding officer shall not down all delinquencies at company musters, and make a return on honour thereof, to the company court martial; and in like manner make returns of delinquents at battalion, or regimental musters, to battalion or regimental courts martial. He shall cause the company to be drilled in conformity to the instructions governing the infantry of the United States.
Sec. 29. The following fines shall be assessed join officers and privates failing to perform any of the duties required by this act. On a Major or Brigadier General, not less than fifty nor more than one thousand dollars. On a Colonel, not less than fifteen, nor more than five hundred dollars; on a Lieutenant Colonel or Major not less than ten nor more than four hundred dollars: on a Captain, not less than five
nor more than two hundred and fifty dollars; on a lieutenant or ensign, not less than four, nor more than one hundred and fifty dollars; on any of the regimental Staff, not less than five, nor more than two hundred dollars; on non-commissioned officers not less than two, nor more than fifty dollars; on privates, not less than one, nor more than four dollars.
Sec. 30. Any officer commanding a company shall have power to appoint the non-commissioned officers of his company; and any non-commissioned officer so appointed and refusing to act shall be fined five dollars.
Sec. 31. The Colonel or officer commanding a regiment, shall have power to appoint his regimental Staff which shall consist of one Adjutant, one Quarter-master, each with the rank of Lieutenant and a Paymaster, who shall perform such duties as are performed by Paymasters in the army of the United States; and who shall give bond with security for the faithful performance of his duty, in the sum of one thousand dollars to the Governor; and it shall be the duty of the Colonel, or officer taking such bond to transmit the same to the office of the Secretary of State. The said Paymaster shall rank as Lieutenant. The Colonel or officer commanding a regiment, shall also have power to appoint one Surgeon and two Mates. The Adjutant Quarter-master and Paymaster shall be commissioned by the Governor. but shall not be entitled to vote in elections for general officers.
Sec. 32. Any non commissioned officer or private of the Militia, who shall refuse to turn out on the order of his proper officer, in case of insurrection, invasion, or alarm, shall be fined in any sum not less than twenty nor more than one hundred dollars.
Sec. 33. Any non-commissioned officer or private of the Militia when drafted and ordered to repair to the place of rendezvous, shall suffer death, or such other punishment as a court martial, may inflict.
Sec. 34. All fines incurred by authority of this act, shall be returned by the President of the court martial before whom such fines may be assessed, to the constable of the company in whose limits the offender may reside, for collection. The certificate of the President shall be a sufficient warrant to the constable for collection of the same; and the constable shall be further required to collect and pay over to the regimental paymaster all such times within forty days after receiving the authority for collection of the same: If no property be found the defaulter may be seized and committed to jail, until the fine be paid: Provided, however that all reasonable excuses shall be heard by the court, when the party accused shall appear to give the same and Provided, also if the said defaulter will swear before any justice of the peace, that he is not worth the amount of the fine, he shall be released.
Sec. 35. The commanding officers of regiments and battalions shall, within twenty days after their respective regimental and battalion musters, detail a regimental or battalion court martial as the case may be, for the trial of such persons as may be brought before it, giving at least five days notice to each defaulter; it shall be the duty of the officer ordering the court to appoint the Adjutant or such person as he may think proper who shall act as Judge Advocate to said court: No officer shall be a member of a court martial while he is a defaulter.
Sec. 36. No officer or private shall be arrested by any civil process while going to, continuing at or returning from any muster or court martial or other military meeting; and any arrest, process or execution on the person, at such time, is hereby declared void. All per-
sons liable to do militia duty, going to, or returning from any muster or court martial, shall pass all ferries, bridges and turnpikes, free of expence.
Sec. 37. Any officer may put into confinement for the day any bystander that may interrupt the muster, drill or court martial; and any person enrolled appearing at any muster, or drill, shall be ordered into ranks; and if he refuses shall be put into confinement for the day, and fined as a defaulter; and no person shall be exempt from Military duty, unless in the opinion of a regimental court marital, he shall be wholly unfit for service; and if the court have doubts, they may require, the opinion of the regimental surgeon; as soon however as such inability may be removed, he shall be again ordered to duty.
Sec. 38. All militia called into actual service shall be paid, provisioned, and governed as the United States' troops are, and be subject to the rules and articles for the government of the armies of the United States, whether such militia be accepted in the service of the United States or this state.
Sec. 39. In case of a second draft before the tour of duty expires for which a substitute has been hired, the substitute shall stand his draft; and if drafted be liable to join the second detachment as soon as his former tour may expire; and in case of drafts, the requisition shall call for officers, none commissioned officers and privates Provided always, that any person furnishing a substitute shall be exempt from serving himself; but shall notwithstanding be compelled to attend company, battalion and regimental musters and perform patrol duty; and in the event of a second draft, should his substitute be drafted before the former tour is performed the person furnishing said substitute shall perform his tour of duty, until the former has been performed and the said substitute join the second detachment.
Sec. 40. All persons liable to do militia duty, moving into the bounds of a company, shall within thirty days or at the next muster after his arrival in said bounds, report himself to the commanding officer of said company, who shall immediately enroll him. Every person between the ages of eighteen and forty-five years shall be compelled to do militia duty by the commanding officers of the company in whose bounds he may reside, until such person shall produce a certificate from the captain of some volunteer company that he is legally enrolled in such corps and is equipped as the corps requires
Sec. 41. There may be one company of volunteer Light Infantry or Riflemen in each regiment to consist of not less than forty eight, nor more than eighty privates to be officered in the same manner as other companies of the regiment are; the non commissioned officers and privates of the said companies shall be liable to do patrole duty, with in the limits of the militia companies in which they may reside; they may choose their own uniform; and no volunteer company shall be raised for a shorter period than two years.
Sec. 42. There may be one troop of cavalry, and one company of artillery in each regiment, organized in the same manner and liable to perform the same duties as volunteer companies.
Sec. 43. When any vacancy occurs in a regiment it shall be filled in the following manner: When in the office of Colonel, the Brigadier General shall issue a writ of election to the sheriff, giving thirty days notice of said election; appointing the place of holding such election; and the said sheriff shall make his return thereof in the same manner as is made in elections of general officers. The colonel commandants
shall in like manner provide for the election of Lieutenant Colonels and Majors shall in like manner, provide for the election of company officers.
Sec. 44. When any officer shall be elected in the mode point out by this act, the opposing candidate after such election has been held, and before return has been made thereof, if he thinks himself aggrieved, and shall think proper to contest the election, he shall notify the officer ordering the same, in writing, within ten days after said election; and the officer ordering said election, shall order a regimental or battalion court martial, as the case may be, which shall decide the contest. The President of the court shall transmit the decision of the court to the Secretary of State: but if the election shall be set aside by the decision of the said court, the President thereof shall transmit the said decision to the officer ordering the said election, who shall forthwith order a new election.
Sec. 45. All arms and accoutrements of the militia of this State shall be exempted from distress either by attachment, execution, or other legal process.
Sec. 46. Company courts martial shall be holden on the next regular muster day of each company, at the usual muster ground, for the trial of delinquents. The company court martial shall consist of one or more commissioned officers; from whose decision an appeal may lie to the battalion court martial: the delinquent shall notify the court of his intention to appeal from their decision to the said battalion court martial; and the officer or officers holding the said company court martial, shall furnish the said battalion court martial with the proceedings in the case: and if the decision shall be confirmed against the delinquent, he shall be fined in double the amount of the judgment of the company court martial.
Sec. 47. Should any person who has been fined according to the provisions of this act, remove out of the county in which said fine was assessed, the amount of said fine shall be forwarded to the Sheriff of the county into which the delinquent has removed, by the Constable of the company to which the delinquent belongs, and the Sheriff to whom such return is made, shall proceed forthwith to make money within thirty days, cause the money to be paid over to the Paymaster of the regiment from which said delinquent removed, after retaining such commissions as are granted for the collection of such sums in other cases.
Sec. 48. The southern or third regiment of Madison county militia shall be divided into two regiments, each battalion forming a regiment. The second battalion of the late third regiment, shall be numbered the thirty third regiment. All vacancies occurring by reason of said division, shall be filled in the manner heretofore prescribed by this act.
Sec. 49. Regiments and battalions may be changed by a general court martial, or regimental court martial as the case may be, for the internal regulation of either.
Sec. 50. The uniform of the officers of the militia of this State, shall be in future as follows:
The General, Field and Staff Officers, shall be the same as the uniform of officers of the same grade of the army of the United States. The uniform of the company officers, to be the same as that of officers of the same grade in the regular army, with the following exceptions: The uniform costs of the captains and subalterns shall be what is
termed a coatee or short coat, with standing collar, and single breast; in lieu of the chapeau de bras the Captains and subalterns shall wear a citizen's black hat, which shall be complete with a cockade and white plume. The officers are at liberty, by paying due regard to the colour of the uniform to determine on the quality.
Sec. 51. It shall be the duty of the Adjutant General to ascertain the uniform of the regular army as early as practicable and furnish without delay to the Brigade Majors of each brigade, a statement regulating the uniform of the militia of this State agreeably to this act, identifying the different articles of the same.
Sec. 52. The Quarter-master General or person who shall have the care of the public arms in the town of Cahawba, shall be authorised and required to deliver any number of the same on every muster day, to the commandant of the volunteer company, in the county of Dallas, known by the name of the Cahawba Guards: Provided, that it shall be the duty of the commandment of said company to have sad arms well cleaned and returned to the arsenal or place of deposit on the same day on which they shall be delivered out; and in default thereof, the officer commanding said company shall be liable in double the amount of the price of any article of arms which he shall have received and not returned, or which shall be damaged. And the keeper of the said arms shall be authorised and required to sue in the name of the Governor of the State of Alabama before any justice of the peace for Dallas county, for double the price of any article of arms which shall not be returned agreeably to the receipt of the commandant of said company which he shall give to the person delivering the same to him; and also for any damage which may be done to any of the arms received, which price and damage shall be ascertained by the justice trying the same.
Sec. 53. In all cases where returns have been or shall hereafter be made to the Secretary of State, the Governor shall commission accordingly.
Sec. 54. And be it further enacted, That all commissioned officers shall uniform themselves within six months after the passage of this act, or six months after they shall have been commissioned.
Sec. 55. All acts and parts of acts passed at Huntsville, the seventeenth December, eighteenth hundred and nineteen repugnant to this act be, and the same are hereby repealed.