proper costs and charges, furnish and provide every such apprentice or man servant liable to do military duty, during his servitude, with the arms and accoutrements directed by the *Act Con- aforesaid act* of Congress, and every master or other person as gress, May 8, 1792. See No. aforesaid, shall constantly keep such arms and accoutrements as aforesaid, for every such apprentice or servant, and shall compel him or them so completely armed and accoutred as aforesaid, to attend all musters, trainings and exercises, directed by this act; all musters. and in case such apprentice or servant shall not appear, or his arms and accoutrements shall be found deficient, the master or 14. To attend pay fine for his not at. tending mus ter. Master to other person as aforesaid, having the government of such apprentice or servant, shall, on default being made in any of the premises, be subject to the same forfeitures and penalties as are inflicted on other persons made liable by this act, to appear and bear arms at exercises, musters and trainings. Provided always, that if any such servant as aforesaid, who shall be duly furnished and provided as is before directed, and shall be sent to muster by the master or other person under whose government such servant shall be, shall of his own accord, and contrary to the will and without the consent of the master or such other person as aforesaid, neglect to appear at any muster, training or exercise, appointed by this act, the master or other person under. whose government such servant may be, shall be liable to the Apprentice penalties by this act inflicted for the default of such servant; and to pay penal- every such servant so offending, shall be obliged to serve his if he does not master two weeks for every penalty so paid by his said master or other person; and if a any person shall embezzle, sell or make away with the arms so to be provided for him, he shall be liable Penalty for to make his master or other person under whose government he may be, full satisfaction. ty to master, attend mus ter. embezzling arms. persons lia. ACT of May 10, 1794. 1 F. L. 321. 41. SEC. XXV. Whereas a doubt has arisen whether aliens and other transient persons who have resided or may reside in this state for a considerable length of time, and enjoy the benefit and advantage resulting from the organization of the militia of this state, are liable to perform militia duty; and whereas it is but just and reasonable that those whose property is secured by the care and watchfulness of the community in which they reside, should contribute to its protection: Be it enacted, &c. That all free white aliens or transient persons, above the age of 18, and under the age of 45 years, who Aliens and have resided or hereafter shall or may reside in this state for the transient term of six months, shall immediately thereafter be, and are ble to do mil- hereby declared to be subject and liable to do and perform all itia and pa- patrol and militia duty, which shall or may be required by the trol duty. commanding officer of the beat or district in which such alien or *See Nos transient person shall reside, and be subject and liable to all pains 151, 158, 155. and penalties inflicted by this act,* any law, usage or custom to Citizens of states at war the contrary thereof in any wise, notwithstanding: Provided always, that nothing contained in this act shall be construed to extend to or affect in any way or manner the native born citizen of any state or potentate, who shall be actually engaged in war with the United States; or to compel such alien or transient with the U. person, to serve on patrol or militia duty out of the particular duty. district of the regiment to which he shall or may be attached, nor to native born or bona fide French citizens (not being citizens of French citithe United States), who are by treaty exempt from all personal service.* *This treaty has expired; French citizens are now, therefore, liable to do militia duty. ARMS & ACCOUTREMENTS. ACT of May 10, 1694. 1 F. L. 318. S. not to do zens. Penalty for appearing at muster with out arms. 42. SEC. XXII. And be it enacted, &c That every free white man of this state liable to bear arms in any of the regiments, corps, companies or troops in this state, who shall appear at any regimental or battalion muster, or at any company muster ordered in pursuance of this act, not provided, accoutred and armed according to the act of congress entitled " an act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States," passed the 8th of May, 1792,* shall forfeit and pay for each and every such de- *See No. 14. fault, a sum not exceeding five shillings, or the sum of two shillings and four pence for each article of arms or accoutrements required by the last mentioned act. ACT of Dec. 17, 1803. 2 F. L. 492. distribute arms among the brigades. 43. SEC. XVII. And be it enacted, &c. That all the public arms Governor to which now are or hereafter may be purchased on behalf of this the public state, shall by order of his excellency the governor, be equally distributed among the several brigades of militia of this state, and that the several and respective brigadier generals may allow the said arms to be sold for costs and charges among the men of his and their brigades, and cause the money arising from such sale to be paid into the public treasury, to be appropriated for the purchase of other arms to be distributed in manner aforesaid. Provided nevertheless, that no one man shall be permitted to purchase more than what shall be sufficient to arm himself of the arms aforesaid. Act of Dec. 19, 1807. Pamphlet edit. 32. tion by the vide arms. 44. SEC. XII. And be it further enacted, &c. That the sum of Appropria sixty-five thousand dollars be and the same is hereby appropria- state to proted for the purchase of arms of an uniform calibre for the militia of this state, and that the comptroller general, the treasurer of the lower division, and John Blake, be, and they are hereby authorised and required to make the said purchases, preserving always, as near as possible, the proportion of one sabre and pair of pistols to ten muskets. 45. Sec. XIII. And be it further enacted, &c. That as soon as the said purchases are made, the said arms shall be distributed among the several regiments of the state, in the exact proportion to the number of effective men composing them; and the lieutenant colonel* of each regiment, on the receipt of said arms, Lieutenant shall give public notice of twenty days at least, in as many difsell arms at ferent places of the regiment as there are companies composing public sale. it, that on a certain day, and at a particular place, in the most Colonel to central part of the said regiment, the said arms will be exposed to sale for cash at ten dollars, to any person enrolled and liable to do militia duty in the said regiment, and shall continue the sale thereof until the whole be disposed of; and the several lieutenant colonels in the state, shall at least once in every year, render to the comptroller general on oath, a particular account of all the cash received by them on the sale of the said arms, and pay the amount into the treasury, which money when paid into the treasury, shall constitute a fund for further purchases of arms, to be made and be disposed of on the same terms as is hereby directed. 46. SEC. XIV. And be it enacted, &c. That as soon as the arms hereby directed to be purchased are received and exposed to sale by the lieutenant colonel of any regiment, any person enPenalty for titled to vote for members of the legislature of this state, and lia appearing without arms. ble to do militia duty in the said regiment, who shall attend any company, troop, battalion, squad or regimental muster without the arms required by law for him to have, shall forfeit and pay a fine of one dollar and a half for any such default, unless he shall is unable to swear or otherwise make it appear that all the arms allotted to that regiment have been sold, or swear that he is too poor to pay for such arms. To swear he provide arms. ⚫buted by ACT of Aug. 29, 1812. Pamphlet edit. 14. 47. SEC. IV. And be it enacted, &c. That the arms and equipments herein directed to be purchased, the arms and equipPublic arms ments now on hand, and any arms and equipments which may to be distri- at any time be appropriated by the general government for "the governor in use of this state, shall be distributed and disposed of by the govhe may ernor and commander in chief, in such manner and in such prodeem most portions among the several regiments of militia, as in his judg ment shall most conduce to the interest and better defence of this state. such manner as proper. 48. SEC. XIV. And be it enacted, &c. That the governor and Arms out of commander in chief be and he is hereby authorised to cause to be repair to be sold. sold such arms as on inspection shall be found incapable of repair, and to pass the amount of such sales to the credit of the quarter master general's department, to be applied to the repair and preservation of arms. *The commanders of regiments had no higher rank than lieutenant colonel, until the act of assembly 16th Dec, 1815, was passed, when they were made colonels. Whenever the word lieutenant colonel occurs previous to that time, it is to be read as colonel or commander of a regiment. See No. Citizens of states at war the contrary thereof in any wise, notwithstanding: Provided always, that nothing contained in this act shall be construed to extend to or affect in any way or manner the native born citizen of any state or potentate, who shall be actually engaged in war with the United States; or to compel such alien or transient with the U. person, to serve on patrol or militia duty out of the particular duty. district of the regiment to which he shall or may be attached, nor S. not to do zens. to native born or bona fide French citizens (not being citizens of French citíthe United States), who are by treaty exempt from all personal service.* *This treaty has expired; French citizens are now, therefore, liable to do militia duty. ARMS & ACCOUTREMENTS. ACT of May 10, 1694. 1 F. L. 318. Penalty for appearing at muster with 42. SEC. XXII. And be it enacted, &c That every free white man of this state liable to bear arms in any of the regiments, corps, companies or troops in this state, who shall appear at any regimental or battalion muster, or at any company muster ordered in pursuance of this act, not provided, accoutred and armed according to the act of congress entitled " an act more effectually to provide for the national defence, by establishing an uniform militia throughout the United States," passed the 8th of May, 1792,* shall forfeit and pay for each and every such de- *See No. 14. fault, a sum not exceeding five shillings, or the sum of two shillings and four pence for each article of arms or accoutrements required by the last mentioned act. ACT of Dec. 17, 1803. 2 F. L. 492. 43. SEC. XVII. And be it enacted, &c. That all the public arms which now are or hereafter may be purchased on behalf of this state, shall by order of his excellency the governor, be equally distributed among the several brigades of militia of this state, and that the several and respective brigadier generals may allow the said arms to be sold for costs and charges among the men of his and their brigades, and cause the money arising from such sale to be paid into the public treasury, to be appropriated for the purchase of other arms to be distributed in manner aforesaid. Provided nevertheless, that no one man shall be permitted to purchase more than what shall be sufficient to arm himself of the arms aforesaid. Act of Dec. 19, 1807. Pamphlet edit. 32. out arms. Governor to distribute tion by the state to pro vide arms. 44. SEC. XII. And be it further enacted, &c. That the sum of Appropria sixty-five thousand dollars be and the same is hereby appropriated for the purchase of arms of an uniform calibre for the militia of this state, and that the comptroller general, the treasurer of the lower division, and John Blake, be, and they are hereby authorised and required to make the said purchases, preserving always, as near as possible, the proportion of one sabre and pair of pistols to ten muskets. 45. SEC. XIII. And be it further enacted, &c. That as soon as the said purchases are made, the said arms shall be distributed among the several regiments of the state, in the exact proportion to the number of effective men composing them; and the lieutenant colonel* of each regiment, on the receipt of said arms, Lieutenant shall give public notice of twenty days at least, in as many difsell arms at ferent places of the regiment as there are companies composing public sale. it, that on a certain day, and at a particular place, in the most Colonel to central part of the said regiment, the said arms will be exposed to sale for cash at ten dollars, to any person enrolled and liable to do militia duty in the said regiment, and shall continue the sale thereof until the whole be disposed of; and the several lieutenant colonels in the state, shall at least once in every year, render to the comptroller general on oath, a particular account of all the cash received by them on the sale of the said arms, and pay the amount into the treasury, which money when paid into the treasury, shall constitute a fund for further purchases of arms, to be made and be disposed of on the same terms as is hereby directed. 46. SEC. XIV. And be it enacted, &c. That as soon as the arms hereby directed to be purchased are received and exposed to sale by the lieutenant colonel of any regiment, any person enPenalty for titled to vote for members of the legislature of this state, and liaappearing without arms. ble to do militia duty in the said regiment, who shall attend any company, troop, battalion, squad or regimental muster without the arms required by law for him to have, shall forfeit and pay a fine of one dollar and a half for any such default, unless he shall is unable to swear or otherwise make it appear that all the arms allotted to that regiment have been sold, or swear that he is too poor to pay for such arms. To swear he provide arms. to be distri ACT of Aug. 29, 1812. Pamphlet edit. 14. 47. SEC. IV. And be it enacted, &c. That the arms and equipments herein directed to be purchased, the arms and equipPublic arms ments now on hand, and any arms and equipments which may ⚫buted by at any time be appropriated by the general government for the governor in use of this state, shall be distributed and disposed of by the govas he may ernor and commander in chief, in such manner and in such proportions among the several regiments of militia, as in his judgment shall most conduce to the interest and better defence of this state. such manner deem most proper. 48. SEC. XIV. And be it enacted, &c. That the governor and Arms out of commander in chief be and he is hereby authorised to cause to be repair to be sold. sold such arms as on inspection shall be found incapable of repair, and to pass the amount of such sales to the credit of the quarter master general's department, to be applied to the repair and preservation of arms. * The commanders of regiments had no higher rank than lieutenant colonel, until the act of assembly 16th Dec, 1815, was passed, when they were made colonels. Whenever the word lieutenant colonel occurs previous to that time, it is to be read as colonel or commander of a regiment. See No. |