shall, annually, in the month of July, make out duplicate returns of his brigade, giving its strength and equipment, one of which he shall transmit to the Major General of the division to which he belongs, and the other to the Adjutant and Inspector General. SEC. 13. It shall be the duty of the Surgeon General to perform such duties within his department as shall be prescribed by the Commander-in-Chief. SEC. 14. It shall be the duty of all general, field, staff and company commissioned officers, to obey all orders which shall be received from their superior officers, to attend all drills, parades, inspections and reviews, which are prescribed or authorized by this act, to make all returns, at such time and times, and in such form and manner, as shall be directed by the Commander-in-Chief, and under such rules and regulations as he shall prescribe, and to perform all other duties incident to their several positions under the constitution and laws of this State and of the United States, and such regulations as may be prescribed by the Commander-in-Chief. And all non-commissioned officers, musicians and privates, shall obey all orders by them received from their officers to attend all drills, parades, inspections and reviews, directed or authorized by this act, prescribed for them to attend and to perform all the duties incident to their respective positions, subject to any rules and regulations which the Commanderin-Chief may prescribe. TITLE IV.-] SEC. 15. Each regimental, field and staff officer and commissioned company officer, who shall neglect to attend any officers' drill, or any company, regimental, brigade, or division parade, inspection or review, when ordered by the regimental commander, or required under any of the provisions of this act, and every commissioned officer who shall neglect or refuse to make any return or report, which may be required under the rules and regulations provided for by this act, or who shall be guilty of any unofficer-like conduct, shall be liable to be tried by court martial; and each non-commissioned officer or private who shall refuse or neglect to give notice or warning when ordered, or to make return thereof, shall forfeit and pay a fine of not less than two nor more than fifteen dollars. SEC. 16. Any non-commissioned officer who shall unnecessarily fail to attend any officers drill, when duly ordered, and any non-commissioned officer, musician, or private, who shall unnecessarily fail to attend any division, brigade, regimental or company parade, inspection or review, shall forfeit and pay the sum of four dollars; and any non-commissioned officer, who shall at any officer's drill, be guilty of any unsoldier-like conduct, shall forfieit and pay the sum of four dollars, and shall be liable to be arrested and tried by court martial, by order of the commanding officer. SEC. 17. All cost incurred by virtue of any proceeding instituted for the collection of any fine imposed by this act, shall, if the proceeding fail, be paid by the State; and all fines and forfeitures imposed by this act, shall, when collected, be paid into the Treasury of the State. SEC. 18. The fines imposed upon non-commissioned officers, musicians and privates, by this act, except for nonattendance and unsoldier-like conduct at any officers' drill, shall be collected as follows: The first sergeant of each company, (or, in case the penalty has been incurred by the first sergeant, a sergeant to be detailed by the commanding officer of the company,) within five days after any penalty shall have been incurred, shall make complaint, in writing, against all delinquents, to the commanding officer of the company, stating the name and residence of the delinquent, and the act or neglect for which a fine or penalty has been incurred. The delinquent shall be allowed twelve days from the time of incurring such finé or penalty, to make his excuse to such commanding officer; but if he shall neglect to make such excuse within the time allowed, or if such commanding officer shall consider his excuse insufficient, it shall be the duty of such commanding officer to issue a notification in the following form: To any sheriff or constable in the State, Greeting: By the authority of the State of Vermont, you are hereby commanded to notify dollars and of that he cents for de is amerced in a fine of linquency of military duty in this, (state the delinquency,) and unless he shall produce to me a certificate in writing, from under the hand of one of the field officers of the regiment to which he belongs, certifying that said fine is remitted, that execution will issue against him for the same. Hereof fail not, but make service and return according to law. Dated at this day of A. D. Commanding officer of the company. Which notification shall be served by being read in the hearing of such delinquent, or by leaving a copy thereof at his last and usual place of abode. And it shall be the duty of the officer serving the same to make return of such notification, with his doings thereon, within six days from the time of receiving the same. The person upon whom the notification shall be served, may within six days from the service of the same, apply to one of the field officers of the regiment for a discharge of the fine; and such field officer shall thereupon notify the commandant of the company of the time and place when and where he will hear the excuse of such delinquent, which shall be six days from the time when application shall be first made, and direct the commandant of the company to appear and show cause, if any he have, why such delinquent should not be discharged; and the person applying shall give the notice in such manner as such field officer shall direct, and such field officer may or may not remit such fine, as circumstances may require. If such field officer shall not remit the fine of such delinquent, and deliver him a certificate thereof as aforesaid to the commanding officer of the company, such commanding officer shall issue his execution substantially in the form following, viz: STATE OF VERMONT. To any sheriff or constable in the State, Whereas, in the county of a company of militia, in the day of County, ss. Greeting: regiment of Vermont milA. D. 18 by itia, was on the Commanding officer of said company, amerced in the sum of dollars and cents, for delinquencies of military duty, a notification whereof was duly served upon the said on the day of A. D. 18 ; hath not procured the and whereas the said amercement to be remitted by one of the field officers of the said regiment: Therefore, By the authority of the State of Vermont, you are hereby commanded, that of the money of the said or of his goods or chattels within your precinct, you cause to be levied and collected, the aforesaid sum of with more, for the cost of said notification, and with twenty-five cents more for this writ, and thereof also satisfy yourself for your own fees; and for want of such money, goods, or chattels, to be shown to you, or found within your precinct, to satisfy the sum aforesaid, you are hereby commanded to take the body of the said and him commit to the keeper of the jail in the county of within the said jail, who is hereby commanded to receive the body of the said and him safely keep until he pay the full sums above mentioned, with your fees, or that he be discharged by order of law. Fail not, and make due return of this writ, with your doings hereon, within sixty days from this date. Dated at this day of And the officer to whom the same is directed and delivered, shall execute the same, and pay the amount collected into the State Treasury, under such rules and regulations as the Commander-in-Chief shall prescribe. TITLE V.-COURTS OF INQUIRY AND COURTS MARTIAL. SEC. 19. All general, field, staff and company commissioned officers shall, for disobedience of orders, unofficer-like conduct while on duty, or during any day appointed for military exercise or parade, or neglect of any duty imposed by or under this act, or as officers of the militia, be subject to arrest, and be tried by court martial, according to the rules and regulations of the army of the United States, and the same forms shall be adopted and oaths administered as therein prescribed; and such court martial may sentence the accused, if found guilty, to pay a fine not exceeding one hundred dollars, or to be reprimanded in orders, or to be cashiered, or to be cashiered with inability to hold any mili-tary office in the State; and any sentence imposing a fine shall be deemed a judgment, and the amount of the fine shall be collected by execution, signed by the president of the court martial, substantially in the form, as near as the nature of the case will admit, as hereinbefore prescribed; and the officer to whom the same is directed and delivered shall execute the same, and pay the amount collected into the State Treasury. SEC. 20. Courts of inquiry, to consist of three members, may be ordered by the Commander-in-Chief, and shall be conducted according to the forms prescribed by the rules and regulations of the army of the United States. SEC. 21. Courts martial shall consist of not more than seven members, nor less than five,-and if for the trial of any officer of the rank of captain, or below, shall be ordered by the general of the brigade to which he belongs-and if above the rank of captain, by the Commander-in-Chief; and the judgment of court martial shall be submitted for approval to the officer ordering the same; and if approved he shall so certify, and in case the sentence be a fine, shall return the same to the president of the court martial, for him to issue execution thereon. SEC. 22. The same power to summon witnesses before any court martial, or court of inquiry, and bring them before the same, shall be vested in the Judge Advocate thereof, or recording officer, as is vested in the courts of law having criminal jurisdiction; and all subpoenas and other process, to procure the attendance of witnesses, shall be signed by the Judge Advocate. TITLE VI.—IN CASE OF RIOT, INSURRECTION, ETC. SEC. 23. The Commander-in-Chief, or in his absence the Lieutenant Governor, (or in the absence of both, the Major General,) may in case of riot, rebellion or insurrection, within this State, or in case of invasion, or imminent danger thereof, call out the organized militia, or such regiments or other organized bodies thereof as he shall deem necessary for the public safety, and is authorized to order such force into camp, or camps, for instruction and drill; and until discharged by order of the Commander-in-Chief, the militia, so called into active service, shall be subject to the order of the Commander-in-Chief, and shall be governed by the same rules and regulations as are prescribed for the army of the United States. And the Commander-in-Chief may order the same into camp for instruction and drill, whenever, in his judgment, the interests of the State shall require it. And in case of riot, rebellion, or insurrection within this State, or in case of invasion or imminent danger thereof, the Commander-in-Chief is hereby authorized to raise from the enrolled militia, by draft or otherwise, such additional force of infantry, cavalry, or artillery, as he shall deem necessary; and such additional force, while continued in service, shall be subject to all the provisions of this act. And whenever the militia, or any part thereof, shall be ordered out under the provisions of this section, the State shall furnish such arms and equipments as may be necessary for each non-commissioned officer and private; and they shall be entitled to the same pay and rations as the army of the United States, and to be paid un |