USA > Pennsylvania > Philadelphia County > Philadelphia > The Philadelphia Directory, 1803 > Part 22
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grieved by any thing done in pursuance of such call, and they are hereby authorised and required to grant such relief to such appli- cant as to them shall appear just and reasonable; and each of the said reputable citizens, before they enter on the said duties, shall take the following cath or affirmation, viz. That he will hear and impartially determine on the cases of appeal which may be laid before him, agreeably to law, and according to the best of his knowledge-which oath or affirmation the inspector is hereby em- powered to administer; and the justice and citizen shall have and receive from the said inspector, the sum of one dollar each for every day they shall sit on the said appeals ; and the said inspec- tor and justice of the peace shall each keep a separate record of the proceedings of such court of appeals; and the said inspector shall, within twenty days after such determination of appeals, make out and deliver, or cause to be delivered to the state trea- surer, to the register general, and to the commissioners of the pro- per county, each a list of all such delinquents, as well those who have not appealed as those whose appeals shall have been deter- mined against them, with the sums due from each respectively ; which sums shall be colleGed and paid, under the direction of the said commissioners, in the same manner and under the like penal- ties as fines from exempts are directed to be collected in and by the first section of this act; and that each inspector shall receive for his services the yearly salary of thirty dollars for each brigade be- longing to his brigade which he shall attend and inspect, and shall receive such reasonable allowance for expences as he may have incurred, or shall hereafter incur for providing and repairing drums, fifes, colours, artillery and carriages, as he shall make appear to the register and comptroller general to be really neces- sary; and before he enters upon the duties of his ofice, he shall give bond, with one or more sureties, in the penal sum of two thousand dollars, conditioned fot the due and faithful performance of his duties, and for the faithful accounting for and paying over all the monies which shall come to his hands by virtue of this act. And each of the said inspectors shall once in every twelve months make cut complete accoun's of all monies by him received, and cf his expenditures, and return the same to the register general, or in default thereof shall forfeit and pay the sum of 2000 dollars; and on the removal or resignation of any of the said inspectors, such îuspedor, or, in case of his death, his executors cr adminis- trators, shall deliver up to his successor in office, or some other per- son duly authorised by the governor to receive the same, all and singular, the books, papers and documents belonging to or in use in the said office, and on refusal thereof, he or they so offending chall forfeit the sum of two thousand dollars, to be recovered by action of debt in any court of record within this state, but from and after the passing of this act no allowance shall be made in the settlement of the accounts of any brigade inspector, for his at- tendance at the elections of any field or other officer, nor for pay to clerks, or any other person that he may employ to perform any part of bis du:y.
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Sett. XI. And be it further enacted by the authority aforesaid, That the elections of such officers as are by this act declared to be elec- tive, shall be made as follows: The several brigade inspectors shall, between the first day of May and the first day of August, in the year one thousand eight hundred and seven, and septenni- ally thereafter, give notice by advertisements at eight or more of the most public places of each regiment or battalion bounds or district, appointing a certain day for each district, not less than ten days after the said notice, and requiring all the enrolled inha- bitants, not being exempts, in the said regiment or battalion, and residing within the bounds thereof, to meet at a certain place, as near the centre of said district as may be, and then and there be- tween the hours of ten in the morning and five in the afternoon of the said day, to elect by ballot one lieutenant colonel ; and the en- rolled inhabitants as aforesaid, of each battalion bounds respec- tively, shall elest by ballot as aforesaid, on the same or some other day, and at such place as shall be most convenient, but with the least possible delay, one major ; and the enrolled inhabitants of each company bounds respectively, not being exempts, shall elect by ballot as aforesaid, on some other day, and at such place within the bounds of such company as shall be most convenient, but with the least possible delay, one captain, onc lieutenant, and one ensign, four serjeants, and four corporals ; previous to which said elegtion or elections respectively, the said enrolled inhabitants shall elect two respectable citizens, to be under oath or affirmation, which the officer superintending the election is hereby authorised to administer, to preside as judges thereof, who shall certify to the inspector the names of the persons so elected, and the said inspec- tor shall attend and superintend each and every of the said regi- ment or battalion elections, and after the officers are elected shall give notice thereof to the persons elected, and transmit to the go- vernor a proper return of the officers elected to be commissioned, mentioning the number of the regiment, the name of each person, and their respective rank, and thereupon commissions shall be granted, agreeably to the intent of this aft, and the majors shall attend and superintend all the ch&ions ofcommissioned company officers, within the bounds of their rest eftive battalions, and report the same, as aforesaid, to the brigade inspector; and elections for officers in the light horse and ar illery shall be held and conducted in like manner as elections for officers in the infantry, and in every case of future vacancy, whether occasioned by death, resignation, or otherwise, the commanding officer of the regiment, battalion, troop or company, as the case may be, shall give immediate infor- mation thereof to the brigade inspector, who shall with the least possible delay order elections to be held for filling such vacancies, agreeably to the manner herein before described; but if any regi- ment, battalion, troop or company, being duly noticed and required as aforesaid, shall neglect or refuse to elect their officers as afore- said, then it shall and may be lawful for the inspector of the bri- gade to which such regiment, battalion, trorp or company belongs. to nominate, if the said election was to have been held for a feld officer or officers, with the approbation if the brigadier general.
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and if for a commissioned company officer or officers, with the ap- probation of the field officers of the regiment, one suitable person to the governor in the room of each officer so neglected to be chosen, and the governor approving thereof shall commission the said per- son, which sha I be as effectual ro all intents and purposes as if the said oficers had been elected as before directed; and the said in- spector shall, as soon as may be, acquaint the parties so neglecting or refusing with the appointments that shall have been made as aforesaid, but no change shall take place other than that provided for by the fourth section of this act, either in the division, brigades or the numbers of the regiments of the city or the several counties of this commonwealth, until after the expiration of the seven years for which the officers were elected and commissioned under the directions of an act passed on the ninth day of April, one thou- sand seven hundred and ninety-nine, entitled " An act for the re- gulation of the militia of the commonwealth of Pennsylvania," but that all commissions which may have issued or shall issue to fill any vacancies subsequent to the first election held in conformity to the said aft, shall expire and cease to be of effect at the end of ' seven years from the 'i:ne of holding the said first general election, so that an entire and general election and appointment of all the officers of all and every of the divisions, brigades and regiments throughout the commonwealth shall take place according to the diregions and intent of this act at the completion and expiration of seven years from the time of holding the frsc election afore- mentioned, under the before recited ast, any term mentioned in any commission or commissions granted by the governor notwith- standing; but at least two months before such general election shall take place, the general officers of each division shall equalize the brigades ; and the brigadier, brigade inspector and field officers shall equalize the regimenis in the respective brigades, and the field officers shall also equalize the companies in their regiments respectively, so that no regiment shall consist of more than one thousand, nor less than five hundred men, and no company of more than one hundred. nor less than sixty-four privates; and im- mediately after such general election of mili-ia oficers shall take place, when the rank of officers is not already determined by the date of commissions, the rank of the lieutenant colonels shall be determined by a lot to be drawn in the presence of the brigadiers, and the rank of the majors and captains in the several regiments to be determined in line minner by a lot to be drawn in the pre- sence of the lieutenant colonel or commanding officers of the regi- ment.
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Seat. XII. And be it further enacted by the authority aforesai!, That if the election of any feld officer shall be contested, the bri- gade inspector shail, on application to him made by petition, sign- ed by at least sixty-four of the enr lled militia of the regiment, give notice in writing to the brigadier general and to two of the lieutenant colonels of the brigade wherein such contest shall arise, who, or any two of them, shall meet at some certain time and place within the regiment bounds, of which ten days previous no -. tice shall be given by the brigade inspector, by three advertisements
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to be put up at some of the public places within the bounds afore said, and it shall be the duty of them the said officers, so met, to hear the allegations and proofs of the parties, and thereupon shall either confirm the election and certify the same to the governor, or order a new election, as justice may require ; and if the election of a company officer shall be contested, a petition, signed by at least twenty of the enrolled militia of the company, wherein such con est shall happen, may be presented to the commanding officer of the regiment, who, together with the other field officers of the regiment, shall hear and determine the matter in controversy, they or one of them having first given the like notice by advertisement of the time and place of meeting, as is required in the case of a contest respecting the eleSion of a field officer.
Sea. XIII. And be it further enactel by the authority aforesaid, That in order to give respe Stability and permanency to the militia · arrangements of this state, the regiments shall be numbered and called as follows, viz. In the city of Philadelphia, the regiment commanded by lieutenant colonel Pancake shall be No. 24; by lieutenant colonel Willis, No. 25; by lieutenant colonel Bright, No. 28: by lieutenant colonel M'Lane, No. 50; by lieutenant colonel Barker, No. 84 ;- in the county of Philadelphia, the regi- inent commanded by lieutenant colonel Forepauch, shall be No. 42 ; by lieutenant colonel M'Mullen, No. 67 ; by lieutenant colonel Beck, No. 75 ; by lieutenant colonel Worrel, No. 80 ; and the re- giment commanded by lieutenant colonel Coats, No. 88 :- in the county of Montgomery, .the regiment commanded by lieutenant colonel Henderson, shall be No. 36 ; by lieutenant colonel Wentz, No. 51; by lieutenant colonel Hart, No. 56; and by lieutenant colonel Davis, No. 86 :- in the county of Bucks, the regiment commanded by lieutenant colonel Smith, shall be No. 15 ; by lieu- tenant colonel Piper, No. 31 ; by lieutenant colonel Clunn, No. 32 ; and by lieutenant colonel Vansant, No. 48 :- in the county of Chester, the regiment commanded by lieutenant colonel Grier shall be No. 27; by lieutenant colonel Armstrong, No. 47; by lieutenant colonel Taylor, No. 85 ; by lieutenant colonel Cochran, No. 97 ; by lieutenant colonel Harris, No. 44; and by lieutenant colonel Ralston, No. 92 :- in the county of Delaware, the regi- ment commanded by lieutenant colonel Smith shall be No. 65; and by lieutenant colonel Richards, No. 100 :- in the county of Lan- caster the regiment commanded by lieutenant colonel Wright shall be No. 5 ; by lieutenant colonel Ensminger, No. 7 ; by lieutenant colonel Kline, No. 120 ; by lieutenant colonel Thomas, No. 121 ; by lieutenant colonel Boyd, No. 34; by lieutenant colonel Boal, No. 60 ; by lieutenant colonel Whitehill, No. 98 ; and by lientenant colonel Long, No. 104 :- in the county of York, the regiment commanded by lieutenant colonel Black, shall be No. 40 ; by lieu- tenant colonel Kelly, No. 41 ; by lieutenant colonel Reisinger, No. 61 ; by lieutenant colonel Hendricks, No. 111; by lieutenant.col. Spangler, No. 113; by lieutenant col. Hinckel, No. 124 :- in the county of Adams the regiment commanded by lieut. col. Kuhn shall be No. 9; by lieutenant colonel Getty, No. 20; and by lieutenant colonel King, No. 93 : - in the counties of Berks and Dauphin the
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regiment commanded by lieutenant colonel Baum, shall be No. 37 ; by lieutenant colonel Frailey, No. 42 ; by lieutenant colonel Schreader, No. 69 ; by lieutenant colonel Epler, No. 79; and by lieut. colonel Kline, No. 114 : In the county of Dauphin, the re- giment commanded by lieut. colonel Weirich, shall be No. 3 ; by lieut. colonel Elder, No. 66 ; by lieut. colonel Toot, No. 78; by lieut. colonel Anspach, No. 95 ; and by lieut. col. Sebold No. 117 : In the county of Cumberland, the regiment commanded by lieutenant colonel Bovard, shall be No. 12 ; by lieutenant colonel Ewalt, No. 21 ; by lieutenant colonel Urie, No 49 ; by lieutenant colonel Roan, No. 59 ; by lieutenant colonel Martin, No. 87 ; and by lieutenant colonel Rupley, No. 116 ; In the county of Franklin, the regiment commanded by lieutenant colonel Find- lay, shall be No. 1 ; by lieutenant colonel Alexander, No. 64 ; by lieutenant colonel Statler, No. 68; by lieutenant colonel Rhca, No. 73 ; and by lieutenant colonel Scott, No. 96 : In the counties of Northampton and Wayne, the regiment commanded by lieute- nant colonel Wetzel, shall be No. 13 ; by lieutenant colonel Ohl, No. 38 ; by lieutenant colonel Rinker, No. 94 ; by lieutenant co- Ionel Kestler, No. 101 ; by lieutenant colonel M'Keen, No. 118 ; by lieutenant colonel M'Ferran, No. 8; by lieutenant colonel Horn, No. 71; by lieutenant colonel Dingman, No: 103 ; by ' lieutenant colonel Staunton, No. 110; and by lieutenant colonel SHoup, No. 115 ; In the counties of Northumberland, Lycoming and Luzerne, the regiment commanded by lieutenant colonel Ranson, shall be No. 35 ; by lieutenant colonel Faulkner, No. 45; by lieutenant colonel Spalding, No. 57; by lieutenant colonel Montgomery, No. 81 ; by lieutenant colonel Rupert, No. 112 ; by lieutenant colonel Giffin, No. 123 ; by lieutenant colonel Hyde ; No. 129 ; by lieutenant colonel Cumings, No. 4; by lieutenant colonel Abraham M'Kenney, No. 18 ; by lieutenant colonel Bal- dy, No. 39 ; by lieutenant colonel Drum No. 77 ; by lieutenant colonel John M'Kinney, No. 102 ; and by lieutenant colonel Ro- berts, No. 106 : In the county of Mifflin and parts of Centre, the regiment commanded by lieutenant colonel M'Dowel, shall be No. 11 ; by lieutenant colonel Beale, No. 52 ; by lieutenant colonel Bratton, No. 74 ; by lieutenant colonel Banks, No. 83 ; by lieute- nant colonel Craig, No. 89 ; and by lieutenant colonel Myers, No. 131 ; In the county of Huntingdon and part of Centre, the regi- ment commanded by lieutenant colonel Moore, shall be No. 14 ; by lieutenant colonel Fee, No. 33 ; by lieutenant colonel Crom- well, No. 46 ; by lieutenant colonel Holliday, No. 58; and by lieutenant colonel Entricken, No. 119. In the county of Fayette, the regiment commanded by lieutenant colonel Collins, shall be No. 72 ; by lieutenant colonel Oliphant, No. 90 ; by lieutenant co- lonel Brashiers, No. 91 ; and by lieutenant colonel Whaley, No. 108 ; In the counties of Bedford and Somerset the regiment commanded by lieutenant colonel Clarke, shall be No. 10; by lieutenant colonel Agnew, No. 55 ; by lieutenant colonel Bonnet, No. 105 ; by lieutenant colonel Kimmel, No. 109; by lieutenant colonel Moore, No. 127 ; and by lieutenant colonel Bayles, No. 128 : In the counties of Washington and Creene, the regiment
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commanded by lieutenant colonel Atcheson, shall be No. 22 ; by. lieutenant colonel Marshal, No. 23; by lieutenant colonel Hare, No. 53 ; by lieutenant colonel Stevenson, No. 82 ; by lieutenant colonel Heaton, No. 6 ; by lieutenant colonel Jenkins, No. 99 ; by lieutenant colonel M'Cleland, No. 122 ; and by lieutenant co- lonel Cather, No. 130 : In the county of Allegany, and in that part of Butler county, which is included in lieutenant colonel Gil- leland's regiment, and in that part of Beaver county which lies south of the river Ohio, the regiment commanded by lieutenant colonel Martin, shall be No. 16 ; by lieutenant colonel Gilliland, No. 29 ; by lieutenant colonel Cunningham, No. 62 ; by lieute- nant colonel Noble, No. 76 ; and by lieutenant M'Farland, No. 125 : In the county of Westmoreland, the regiment commanded by lieut .colonel Bonnet, shall be No. 2; by lieut colonel Wagle No. 19; by lieut. ccl. M'Combs, No. 30 ; by lieut. colonel Campbell, No. 54 ; by lieut colonel M'Dowell, No. 63 ; by lieutenant colonel Hunter, No. 70: In the counties of Armstrong, Erie, Butler, Crawford, Warren, Mercer, Verango and part of Beaver, the re- giment commanded by lieutenant colonel Fors er, shall be No. 17 ; by lieutenant colonel Sproat, No. 26; by lieutenant colonel Reed, No. 107 ; and by lieutenant colonel Sloan, No. 126 : and all regi- ments hereafter to be formed shall follow these in numerical order, but nothing contained in this section shall be construed as giving preference of rank to the officers, which shall at all times be de- termined by the dates of commissions, or the drawing of lots for that purpose.
Sect. XIV. And te it further enacted by the authority aforesaid, That every militia man removing out of the bounds of one com- pany into the bounds of another, shall apply to the commanding officer of the company to which he did belong, who shall - give him a discharge in writing certifying the class to which he be- longs, and whether he has served his tour of duty or not, and the time and date of his service, which certificate the said militia man shall produce to the captain or commanding officer of the company in whose bounds he next settles, within ten days after his settlement, under the penal y of two dollars, and the said cap- tain or commanding officer is hereby required to enrol him in the class specified in the said certificate.
SeSt. XV. And be it further enacted by the authority aforesaid, That the whole of the militia of this state (except as herein ex- cepted) shall be trained and exercised in companies, troops, bat- talions and regiments, by their respective officers in every year as follows, to wit, in companies, on the first Monday in the month of May, and on the first and second Mondays in the month of October, and the first regiment in each and every brigade on the third Monday in the month of May and October, the second regi- ment on Tuesday, and so on, according to such order as the bri- gade inspector shall prescribe, on every day of the week (Saturday and Sunday excepred) of which one months previous notice shall be given by the brigade inspectors respectively, until the whole .number of regiments shall have mustered and exercised in the afcresaid manner; end at such places as the field officers of each
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. regiment or a majority of them shall agree upon : Provided, they shall not enter into any person's inclosure without the consent of the owner first obtained, and no militia man shall, after the first day of October, in the year one thousand eight hundred and three, be admitted into the ranks of any company without a sufficient niusket, rifle or firelocl:, except those between the ages of eighteen and twenty-one years, and such others as the officers of the con- pany shall deem unable to procure arms at their own expence, such person shall be hable as for non-attendance on days of exer- cise, and if any militia man who shall not be admitted into the ranks without arms as aforesaid, shall be fined on any day of train- ing on account of not having such aims, and shall conceive hin- self aggrieved, he may appeal to the field officers of the regiment to which he belongs, who shall consider his circumstances, and grant such relief as to them cr a majority of them shall appear just and reasonable.
. Sect. XVI. And ve it further enacted by the authority aforesaid, That if any commissioned or staff officer shall, without a lawful excuse, neglect or refuse to attend on any of the days herein ap- pointed for exercise, such delinquent officer cr officers, shall be returned to the proper court of appeals, by the commanding offi- cer present-if a field officer he shall forfeit and pay the sum of four dollars, and every other commissioned or staff officer shall forfeit and pay the sum of two dollars, to be recovered as other fines for non-attendance, and subject to like appeals; and every non-commissioned officer cr private, so neglecting or refusing to attend, shall forfeit and pay the sum of one dollar, for every such neglect or refusal, except such officer or private shall be summoned and actually attending on any of the days of exercise afcresaid, a.s a juror or witness in any court within this commonwealth ; and the same fres shall be respeSively paid by every off.cer, non-con :- missioned officer or priva'e, who shall leave the parade, on any day of training, before the regiment or company is discharged, without leave first had and obtain.ed of the offcer commanding; and the master or mistress of any apprentice, and the father or mother of anv minor, liable to serve in the militia, who shall re- fuse or neglect to perform the several duties required of him by this af, such minor, being in the service of his father or mother, master or mistress, shall be respectively accountalle for the fre or fines so incurred by such minor or apprentice.
Sect. XVII. And te it further enacted by the authority aforesa ?? , That in order to ascertain these persons who, by their absence cn days of exercise, shall have incurred the fines before mentioned, a serjeant or the cluik of cach company on every such day, in the presence of the captain, (r commanding officer of the company, at the end of one hourafter the time appointed for the meeting of the company, battalion or regiment, and also after the exercise io over, and before the men are dismissed, shall call over the muster roll of the company , noting those who are absent ; and withintwo days after every company or regimen' al meeting, a rein shall Le made by him to .he captain, or commanding (ficer of each com- Vary, under the penal offved lars forevery time Le shall is.
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glect or refuse to make such return of all the absentees on the se- veral days of exercise, particularly designating the day on which each default was made ; and it shall be the duty of the command- ing officer of each regiment, annually in regimental orders, to be issued previous to the days appointed by this act for training the militia in the months of May and October, to appoint six commis- sioned officers, three to preside in each battalion for the current year, as a court to hear appeals, who, when sitting as such court, shall be under oath or affirmation, to be administered by any judge or justice of the peace; to perform their duty with fidelity and im- partiality, and who shall, in not less than ten nor more than fifteen days after the meeting of the regiment, in the months of May and October annually, hear the appeal of every person conceiving himself aggrieved and applying to be heard, and if it shall appear to the satisfaction of the court of his proper battalion, that, by lameness or sickness, or any unavoidable necessity, his attend- ance was rendered impracticable on the day or days for which he may stand charged, the said court shall remit the fine or fines in- curred for the reasons aforesaid only, but no excuse shall be re- ceived nor redress given by them at any other time or in any other manner than is before mentioned.
Seft. XVIII. And be it further enacted by the authority aforesaid, That no certiorari, or other writ, shall, in any case, issue from any court oflaw or equity of this commonwealth, to remove any proceedings that shall be had in any court of appeal or court mar- tial, held under and by virtue of this act, and that no court of law or equity of the said commonwealth shall, in any case, hear, sus- tain, determine. or in any manner take cognizance of appeals that may be offered or attempted from sentence or decree, passed or made by such court of appeal or court martial, any law, usage, or practice to the contrary in any wise notwithstanding.
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