USA > Pennsylvania > Philadelphia County > Philadelphia > The Philadelphia Directory, 1803 > Part 24
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Art. 15. That if any commissioned officer shall, at any time or upon any occasion, behave in an unofficer-like, ungentlemanly or disgraceful manner, the commander in chief, (ifthe person accused be a major general) the major general of the division (if a briga- d'er) the brigadier (if a field officer) or the lieutenant colonel (if an inferior officer) as the case may be, upon the application of any commissioned officer, shall appoint a board of three officers, to enquire into the matter of complaint ; and if upon their report it shall appear to him deserving of trial, then, and in such case, he shall dircet a court martial, whose proceedings herein shall have the same elect as if the offence had been committed when on ac- tual duty.
Art. 16. The militia on the days of training shall be detained under arms on duty, in the field, any time not exceeding six hours. Provided, they are not kept above three hours under arms at any one time, without allowing a proper time to refresh themselves.
Art. 17. All fines that shall be imposed by a general division or brigade court martial for every breach of these ru'es, shall be paid into the hands of the inspectors of the brigades to which the of- fenders belong, or to such person or persons as he shall appoint and make known in brigade orders as his agents or attornies, to receive the same within three weeks after they become due, but in case of neglect or refusal to pay ary of the said fines, the said inspector shall cause the same to be levied and collected in the manner herein after mentioned.
Art. 18. The rules of discipline approved and established by Congress in their resolution on the twenty-ninth day of March, one thousand seven hundred and ninety-nine, shall be the rules of discipline to be observed by the militia throughout this state, except such deviations from said rules as may be rendered neces- sary by the regulations of the acts of Congress, or of this state, or some other unavoidable circumstances ; and it shall be the duty of the commandling officer, at every training, whether by regiment, battalion or ! ingle company, to cause the militia to be excercised and traincd, agrezabh- to the said niles of discipline and the in- structions laid down by the baron Steuben, ard annexed to the said rules of discipline, pointing out the respective duties of the officers, non-commissioned officers and privates, are recommend- el ard enjoined upon the militia of this state, as particularly and filly as if the said instructions were repeated and expressed in this act at length
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Art 19. The militia of this state v. hilst in the actual service thereof, cr of the United States, shall be subject to the same rules and regulations as the federal army. Provided, that umnon any transgression or offence of a milicia man, whether officer or pri- vate, against the rules and regulations of the federal army, the cause shall be tried and determined by a court martial of the mi- litia of this state, and that it shall be in the power of the governor, or, in case of his absence, the commanding officer of the militia, to mitigate, suspend or pardon any punishment to which any mili- tia man may be sentenced by a general court martial, and it shall be the duty of the captain or commanding cfficer cf each company, under the penalty off.ve dollars for every neglect, to read or cause to be read, the foregoing articles at least once in every year, on some company day of training.
SeG. Y.XXII. And be is further enacted by the authority aforesaid, That no civil process shall be served on any commissioned officer, non-commissioned officer cr private, at any regimental or battalion review, or training of any company, or while going to or return- ing from the place of such review or training.
Sect. XXXIII. And be it further eratcted by the authority ofcresaid, That all and every of the fines and forfeitures by this act made payable, for the recovery of which no mode is herein before point- ed out, shall be recovered by the inspectors of the several brigades, in the name and for the use of the commonwealth, by aftion of debt before any justice of the peace, or in any court of record with- in this commonwealth, as from the amount thereof they shall be more properly cognizable, and the said inspector shall render his accounts for all monies by him received and disbursed by virtue of thisa a, to the register general for settlement every twelve months, and in case of the refusal or neglect of any brigade inspector to render his accounts as aforesaid, the register general and the comptroller general are hereby empowered and directed to pro- ceed against him, in like manner as they are or may be authorised and empowered to proceed against delinquent county treasurers, to compel the settlement of their accounts and the payment of monies due the commonwealth thereon into the state treasury.
Se&. XXXIV. And le it further enacted by the authority of resaid!, That all monies paid into the treasury by virtue of this act, shall be appropriated for the purpose of equipping and furnishing the militia with arms and every necessary apparatus, for the defence and security of the state, and the treasurer of the commonwealth shall keep separate accounts of the same.
Sect. XXXV. And Le it further enacted by the authority aforesaid, That the brigade inispefter and two reputable ci-ivens shall ap- praise the horse of each cEcer, who is entitled b. the rules of war to keep a horse, and the horse of each person serving as a light horse man, immediately before every time of going into actual service, and enter such appraisement in a book, and in case such horse shall be killed, or die in actual service, or be taken by the enemy, otherwise than by negled of the owner, on his pro- ducing to the department of account, a certifcate of the loss of" said horse, signed by the commanding cffcer of the detachment
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to which he belonged whilst in actual service, together with a certif. cate of the valuation so as aforesaid directed to be made, he shall thereupon be paid the full amount of such appraisement, by an order to be drawn in the usual manner on the state treasurer, to be paid out of the militia funds.
Sect. XXY.VI. And be it further enacted by the authority aforesaid, That if any person or persons shall knowingly sell, buy or ex- change, conceal, or otherwise fraudulently- or unlawfully receive, hold, or detain, or shall refuse to deliver up to the proper brigade inspector, after he shall give public notice thereof, any arms, ac- coutrements, colors or drums, belonging to this state or to the United States, on any account or pretence whatsoever ; the per- son so offending, being convicted thereof, before any justice of the peace, or alderman of the city or county where such offence shall be committed, shall forfeit and pay, for every such offence, treble the value of such arms and accourrements, to be ascertain- ed by such justice or aldermen, and levied at the suit of the said brigade inspector by distress and sale of the offender's goods and chattels, by the justice or alderman before whom such offender shall be convicted, returning the overplus, if any, on demand to such offender ; and for want of such distress, shall commit such offender to the common jail of the county, there to remain, with- out bail or mainprize, for any term not exceeding one month, un- less such money be sooner paid.
SeS. XXXVII. And be it further enacted by the authority afore- said, That the adjutant general shall issue his orders to the res- pective brigade inspectors, requiring them to collect all the arms that were the property of this commonwealth, on or before the twenty-eighth day of March, one thousand seven hundred and ninety-seven, within their respective brigades, and within three months after the receipt of such orders, to make report to him of the number so collected, and the condition they are in, and whe- the" such arms were in the hands of public officers or private per- sons ; whereupon, the adjutant general shall cause all such arms to be cqually distributed to the respective brigade inspectors, in proportion to the number of enrolled militia in each brigade, who shall employ a suitable person to repair such arms (if necessary) and when repaired, on producing the account by the person re- pairing the same, to the brigade inspector, he shall (if he approve thereof ) endorse his warrant cn the same, directed to the treasu- rer of the county in favour of such person, for the amount there- of; which warrant, if countersigned by the commissioners of taxes, or a majority of them, shall be a voucher to the treasurer in settling his accounts with the register and comptroller generals, who are hereby authorised and directed to investigate and adjust the same in like manner as other accounts are settled, and the re- spestive brigade inspectors shall distribute them to the command- ing officers of the respective regiments within such brigade, in due proportion to the number of men in each regiment, taking an accountable receipt therefor ; and the commanding officers of the respective regiments shall cause all such arms to be distributed amongst the different captains or commanding officers of each
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company within their respective regiments, taking receipts there- for as aforesaid, and it shall be the duty of such officers to dispose of said arms in the manner herein after provided.
Sect. XXXVIII. And be it further enacted by the authority afore- said, That if any suit or suits shall be brought or commenced against any person or persons, for any thing done in pursuance of this act, the action shall be laid in the county where the cause of such action did arise, and not elsewhere; and the defendant or defendants in such action or actions to be brought, may plead the general issue, and give this act, and the special matter in evidence, and if the jury shall find for the defendant or defendants in such action or actions, or if the plaintiff or plaintiff's shall be non-suited or discontinue his or their action or actions after the defendant or defendants shall have appeared, or if upon demurrer judgment shall be given against the plaintiff or plaintiff's, the defendants shall have treble costs, and have the like remedy for the same as any defendant or defendants hath or have in other cases to reco- ver costs by law.
Se&. XXXIX. Whereas, in and by " An act to provide arms for the use of the commonwealth," passed the twenty-cighth day of March, one thousand seven hundred and rinety-seven, it is directed, that a due proportion of said arms shall be delivered to the colonel or commanding officer of each regiment and lodged in a suitable place or places of deposit, under the care of the field officers : And whereas, it becomes necessary that some further provision be made for the use and disposal of the said arms, and of such other arms as shall hereaf.or be purchased and procured for the use of the militia of this commonwealth, therefore, be it fur- ther enacted by the authority aforesaid, That when any number of arms shall be delivered to the commanding officer of a regiment or battalion, he shall as soon as may be, divide such arms among the companies, having due regard to the number of men in each, and taking a responsible receip: from each captain for the arms delivered to him for the use of his company, and the arms so de- livered shall be marked with the number of the regiment and com- pany, and numbered from one progressively, and it shall be the duty of each captain or commanding officer of the respective companies to appoint a suitable person near the place where the company usually meets for training, in whose custody such arms shall be put to be cleaned and kept in repair for the use of such mil tia men as the officers of the company shall decm unable to procure their own arms agreeably to this act, and the said arms shall not be taken from the places of their deposit, except on the days appointed by this act for the exercise and discipline of the militia, or when they shall be called into actual service, and the person so appointed shall receive such compensation for his ser- vices as a majority of the field officers of the regimert shall deem just and reasonable, to be paid out of the regimental fund.
Sell. XL. Andbe it further enacted by the authority aforesaid, That if any you'h of the age of twelve years, and not exceeding the age of eighteen years, shall with the consent and approbation of his parents, attach himself to any company of militia, for the
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purpose of learning to beat the drum, play on the fife, blow the bugle-horn or trumpet ; Provided, the number shall not exceed one person for the drum, and one for the fife, or one for the bugle- horn, in each company, and one for the trumpet for each troop of horse; every such person or persons shall be put under the in- structions of the drum and fife major, the bugler or trumpeter, as the case may be, whose duty it shall be to teach such person or persons in the best manner in his power, and as soon as such person or persons shall be able to perform field duty to the satis- faction of the commanding officer of the regiment, he shall draw his warrant on the paymaster of the regiment, in favour of the drum or fife major, the bugler or trumpeter, who may have taught such person or persons as aforesaid, for the sum of ten dollars for every person so taught, and the person so taught shall be fur- nished with a suit of regimentals, to be paid for out of the funds of the regiment, and the father of every youth who shall have been instru Sted as aforesaid, shall be exempted and excused from every kind of militia duty so long as his son shall continue to perform the duties of a drummer, fifer, bugler or trumpeter in any militia company.
Sect. XLI. And be it further enacted by the authority aforesaid, That the fourth Monday in the month of April, and the fourth Monday in the month of September, annually, be, and they are hereby appointed for the commissioned and staff officers of the respective regiments to meet together at the most convenient place to be fixed by the field officers of each regiment, for the purpose of perfecting and improving themselves in the military arc; and the officers aforesaid shall appear with proper arms and uniform, under the same penalty for each neglect as on days of training, and the commanding officer of each regiment shall with- in three days after the appeal appointed by this act, direct his warrant for collecting the fines, in this section mentioned, to the quartermaster of the regiment, or other fit person, who shall with- in one month after the receipt of such warrant collect and pay the amount of the said fines to the paymaster of the regiment, and shall receive for his services the same compensation as is al- lowed for collecting fines by the nineteenth section of this act, which fines shall be recovered in like manner, and the persons entitled to like appeal as those for non-attendance are entitled to by this act, and the fines accruing by virtue of this section shall be appropriated in such manner as a majority of the officers at- tending on such days of training may direct.
SeSt. XLII. And be it further enacted by the authority aforesaid, That a majority of any light infantry, grenadier, r fle or artillery company, or of any troop of horse, shall have power at their first meeting in cach year, to fix upon, declare and settle what, and how many days of training they will have throughout the year, over and above the days herein before appointed, for the training and mustering of the militia, for the purpose of improving them- selves in military discipline ; and it shall be lawful for each aud every commanding officer of each and every such company to notify his respective company of such stated days of meeting, and
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to inflict and levy such fines and penalties on any member whe shall refuse or neglect to attend such days of exercise as may be agreed upon by a majority of the company convened for that pur- pose, which fines shall be collected by a sergeant of each company by virtue of a warrant under the hands and seals of the commis- sioned officers of the same, and shall be appropriated for the pay- ment of the music, and other contingent expences of the company, and paid on warrants to be drawn by the commanding oficer ; and the accounts of each company shall be examined and settled once in every year, by a committee of three persons, members thereof, to be chosen by ballot at a meeting of the company, con- vened for that purpose, which the commanding officer is hereby enjoined to do some time in the month of May, annually.
Sect. XLIII. Lind be it further enacted by the authorit, cforesaid, That the regiment of artillery now commanded by lieutenant ecl- onel John Connelly, formed prior to the passing of this act, within the bounds of the first division, composed of the militia of the city and county of Philadelphia, shall continue as heretofore, and it shall and may be lawful for the governor to cause each company of said regiment (not already supplied) to be furnished with one piece of brass or iron field ordnance, at the expence of the state ; and field and other officers of said regiment shall be elected in like manner as is directed by this act, for the election of officers in the infantry; and the individuals composing said regiment shall be subject to the same fines and penalties, and be en itled to similar relief as the rest of the militia of this state is entitled to by this act. And the companies composing the said regiment shall be called into actual service in rotation by companies, and not by classes, according to the number in rank which each company bears in said regiment, commencing with the company whose turn it may next be to perform a tour of duty, agreeably to former arrangements of said regiment ; provided each company shall not be less than for y-four non-commissioned ofEcers and privates.
Sec. XLIV. And be it furiker enicted by the authority aforesaid, That if any officer, non-commissioned officer or private militia man, or volunteer afting with he mulitia, residing in this state, having a family, shall be slain in battle, or shall die of wounds received in the service of this state, his widow, child or children, shall be entitled to similar relief and under the same regulations and restrictions as near as were provided by the ad, entitled, " An act to provide for the more effectual rel.ef of the widows and chil- dren of the officers and privates of the militia who have lost their lives in the service of their country," passed the twenty-seventh day of March, one thousand seven hundred and ninety ; and if any officer, non-commissioned oficer or private militia man, or volunteer acting wrh the militia, residing in this state, shall be wounded or otherwise disabled in cke service of this state, he shall be entitled to relief, and under the same regulations and re- 'strictions as have been provided by an aft entitled " An act for the relief of officers, soldiers and seamen who in the course of the late war have been wounded or otherwise disabled in the ser- vice of this state or of the United States," passed the tenth day of
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March, one thousand seven hundred and eighty-seven, which last aforesaid act, so far as relates to the purposes of this ac., is hereby revived and continued in full force.
Sect. X.LV. And be it further enacted by the authority aforesaid !. That the secretary of the commonwealth is hereby authorised to receive proposals for printing, and under the direction of the co- vernor shall cause to be printed and bound in leather a sufficient number of copies of this aft, together with the rules and regura- tions for the discipline of the troops of the United States, by the baron Steuben, which laws the adjutant general shall, on or be- fore the second Monday in August next, cause to be distributed in the manner following, viz. toevery general and field officer, and brigade inspector, each one copy ; to every captain, for the use of his company, one copy ; and to every adjutant one copy ; and shall also, under the direction of the governor, cause to be printed and bound in leather, a sufficient number of the articles of war, and cause the same to be distributed in such manner that each general officer, field oficer, and brigade inspector, may have one copy, and the expence of printing, binding and distributing the same, shall be allowed in the set.lement of his accounts with the register general. And it shall be the duty of any officer having such copy or copies, on his going out of office, on demand made to cleliver, or in case of death, his executors or administrators, shall deliver, under the penalty of five dollars, to the successer in office of the person so going out of office or dying, the aforesaid copy or copies.
Se&. XLVI. And beit further enacted ty the authority afuresaid, That in any county within this commonwealth, where there is reasen to presume from the accounts which have been, or which shall be rendered by the brigade inspectors to the officers of ac- counts, or from other evidence, that the returns of militia fines incurred under the aft, entitled " An aft for the regulation of the militia of the commonwealth of Pennsylvania," passed the ele- venth day of April, one thousand seven hundred and ninety-three, and the act entitled " An act for the regulation of the militia of the commonwealth of Pennsylvania," passed the ninth day of April, one thousand seven hundred and ninety-nine, have not been fully and justly made, or that the said fines or some part thereof have been unjustly withheld by any of the said brigade inspectors, or collectors, it shall be the duty of the comptroller general and re- gister general, and they are hereby enjoined and required to nom- inate an agent skilled in accounts, to be approved cf by the gover- nor, whose duty it shall be to inves igate and ascertain the accu- racy of the said returns and accounts made by such brigade inspec- tor, and for this purpose the said agent shall have power to call upon those militia officers whose duty it was under the recited act, to make return of the delinquent militia men, and also of all co !- lectors of the tines of such delinquents, and to demand from them the said inspectors, collectors, and officers, severally, all the returns of delinquents, and their papers and documents relative to the said fines in their possession respectively, or copies thereof; and every brigade inspestor, collector or other person, who shall refuse to
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comply with such demand, shall forfeit and pay for every such offence the sum of one hundred dollars; and the said agent shall have power to examine the said brigade inspectors, officers, and collectors, on oath or affirmation, touching the same, and shall re- port his proceedings to the comptroller general and register gen- eral once in every three months ; and upon such report being made they shall proceed to recover all such balances as shall be found remaining in the hands of the brigade inspectors, collectors and militia men, as the laws direct ; and the said agent shall receive as a compensation for his services such daily pay, while employed as aforesaid, as the comptroller general and register general shall deem just and reasonable, which shall be paid out of the funds for the support of government, by warrant drawn for that purpose, in the usual manner.
Se&t. XLVII. And be is further enacted by the authority aforesaid, That this act shall not have effet until the first day of August next, and that the act entitled " An aft for the regulation of the militia of the commonwealth of Pennsylvania, passed the ninth day of April, one thousand seven hundred and ninety-nine, shall from and after the said first day of August next, be and the same is accordingly hereby repealed nnd made null and void : Provided always, That nothing herein contained shall be construed, so as to revive any former law cr laws, which in and by the said recited alt is or are repealed, and made void, or to prevent the recovery of any fines or forfeitures incurred under the same.
ISAAC WEAVER, jun. Speaker of the House of Representatives. SAMUEL MACLAY, Speaker of the Senate.
Approved the sixth day of April, in the year of our Lord one thou- sand eight hundred and two.
THOMAS M'KEAN,
Governor of the commonwealth of Pennsylvania.
MAIL ESTABLISHMENT.
ROBERT PATTON, Postmaster-OFFICE, 27 South Third street.
Eastern Mail-Closed every day (Sundays excepted) at 12 o'clock at noon, and arrive at Philadelphia every day (Sundays excepted) a+ 8 o'clock, A. M.
Southern Mail-Closed every day (Sundays excepted) at half past 7 o'clock A. M. and arrive at Philadelphia every day (Sun- days excepted) at half past 9 o'clock, A. M.
Mail for Downings-town & Lancaster, Pennsylvania -- Closed every Tuesday, Friday & Saturday, at half an hour before sun- set, and arrive at Philadelphia every Monday, Thursday and Sa- turday, a+ 4 o'clock, P. M.
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