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each year. He shall not be excused from his ordinary company duties by reason of performing the duties of company treasurer.

from service unless by fair trial, sentence of

13. No commissioned officer, except staff officers, shall No dismissal be dismissed from the service except by the sentence of a legally constituted court-martial, rendered after a fair trial, court-martial, and approved by the Governor of this Commonwealth.

ARTICLE VI.

Of the Military Fund.

§ 1. The military fund accruing from payments into the Treasury of money collected in lieu of military service, and from other sources authorized in this act, together with the militia fund now in the Treasury, shall be disbursed from time to time by the authority of the Governor, as is hereby appropriated for the following purposes only:

First-The administration, organization, construction, transportation, and supplying of the volunteer militia.

Second-The purchase or manufacture of camp equipage, arms, and military stores, and equipments of every kind necessary for the volunteer militia, and for the general defense of the State; and also in the purchase or publication of books of tactics, treatises on military law and courts-martial, and regulations of the United States army.

Third-In the construction of arsenals and other places of deposit for the public arms and military stores.

ARTICLE VII.

ernor.

ARTICLE VIII.

Courts-Martial.

how holden.

§ 1. Courts-martial of all classes shall be holden in the Courts-martialmanner, and under the forms and regulations in use by the United States army.

§ 2. Officers cashiered by sentence of court-martial shall be incompetent to hold any office in the military service of the State, except the sentence be remitted by the commander-in-chief.

a

&

Military fund

how disbursed, a

for what purposes

appropriated.

officers incompetent

Cashiered

to military ser

vice except in the

ranks.

Miscellaneous.

minister oaths.

§ 1. Any officer of any portion of the staff, or any sepa- Officers may adrate commander, shall have authority to administer oaths to military persons when such may be necessary under this act;

and the same penalties shall attach to false swearing in such cases as are now provided by law in cases of perjury.

§2. The rules and articles of war, and the general regu Rules and arti lations for the government of the army of the United States,

cles of war, and general regulations for government of United States army part of this chapter.

with such modifications and additions as the commander-inchief may prescribe, shall be regarded as part of this act; but no punishment under such rules and articles, which shall extend to the taking of life, shall in any case be inflicted, except in time of actual war, invasion, or insurrection declared by proclamation of the Governor to exist.

§ 3. Every company on its organization may adopt a distinctive name; but it shall be known by a particular letter in the battalion or regiment to which it belongs.

§ 4. No person shall be a member of two companies at the same time.

Each company may have a distinct name.

No person to be member of two companies.

§ 5. Any officer who removes beyond the limits of his from company, or other command, shall be considered as having resigned; and every member of a company who removes beyond the limits of the county shall be considered as having been discharged.

Removal
limits of com-
mand equal to
resignation or dis-
charge.

§ 6. Should there be no commissioned officer present with When officer to a company, the battalion or other commander shall have authority to assign an officer to command until some officer is elected to the place.

may

be assigned.

§ 7. No officer or soldier shall be holden to perform miliMilitary duty-tary duty except in case of invasion, insurrection, riot, or

to be performed.

tumult made or threatened, or in obedience to the orders of the Governor.

2 R. S., 180. Mills.

CHAPTER 77.

MILLS.

Who may establish, and herein of writ of ad quod damnum-Proceedings under writ-Effect of non-user-Tolls.

§ 1. A person owning land on a water-course, the bed whereof belongs to him or the Commonwealth, and desiring to build on such land a grist-mill or other mill or manufac

Proceedings

to

have site for mill tory, useful to the public, and needing a dam in or across

& dani condemned

the water-course, or the raising of an established dam, or the cutting or enlarging of a canal, above or below, may, by petition, in writing, filed in the county court of the county

in which is situate the principal part of the land asked to be condemned, obtain therefrom a writ of ad quod damnum, for the purpose of making the necessary condemnation, which shall embrace all the land demanded, whether lying in the same county or not.

cation.

§ 2. Ten days' notice of the intended application must be Notice of appligiven to every person whose right will be affected by the proposed taking or overflow of land, if known, and a resident of the State; but if unknown, or not a resident, written notice must be posted at the court-house door on the first county court day of the previous month, and published twice in a newspaper printed in the county, if any such there be.

§ 3. The writ shall be directed to the sheriff of the county, commanding him to summon and empannel a jury of twelve disinterested and discreet freeholders of the county, on or near the land to be condemned, and on a day to be named in the order and the writ. If the writ cannot be executed on the day appointed, the proceeding shall be adjourned by the sheriff from day to day till executed.

§ 4. The jury, after being sworn by the sheriff to make a true and impartial inquest, shall inquire, and report in writing over their signatures, what ought to be the height of the proposed dam, or how much the existing dam ought to be raised; whether, if the same be granted, the mansion house of any person, or the out-houses, yard, garden, or orchard thereto belonging, will be taken or overflowed; whether and in what degree ordinary navigation and the passage of fish will be obstructed, and if by any, by what means such obstruction may be obviated; and whether the health of the neighbors will be injured by the stagnation of water or otherwise. The jury shall also report, by metes and bounds, as much of the land, not exceeding one acre, which is not owned by the applicant, or covered by the bed of the stream, and which will be needed for the dam and abutment, and not exceeding one hundred feet in width, for what may be needed for the canal, and shall say what will be a just compensation to each owner therefor. They shall also report what lands will probably be overflowed or deprived of water, or otherwise injured by the dam or canal, and what will be a just compensation to the respective own

GEN. STAT.-43

To whom writ of directed.

adquod damnum

Jury to decide on height of dam; what injury to

house or by

an overflow; ob

to pasinjury to health,

age of fish; and

&c.

turned to court.

Inquest to be re-
May be contested

ers therefor; and whether the mill or manufactory is or will be useful to the public.

5. The inquest shall be handed to the sheriff and returned by him to the clerk of the court with the writ, for the inspection of all concerned. If it appear by the inquest that any person not notified of the proceeding, and not attending the inquest, will be injured by granting the leave, it shall not be granted until such person has had reasonable notice to show cause against the same. It shall stand for hearing on the first day of the term next after the return of the writ, if it be returned ten days before the commencement of the term; and if not, then on the first day of the next

term.

§ 6. If, from the inquest or other evidence, it shall appear

If the mansion to the court that, by granting such leave, the mansion house

house, yard, &c., of any one, or any mill affected

of any one other than the applicant, or the out-houses, or a by overflow, ap- part of the yard, garden, or orchard thereto belonging, will plication to be refused. be overflowed or taken, or that any other legally established mill will be materially injured thereby, or that the health of the neighbors will be annoyed, the leave shall not be granted. But if it shall not so appear, the court shall then grant or refuse the leave, as may seem to it proper. If it be granted, the court shall lay the applicant under such terms and conditions as may seem right, taking care that ordinary navigation and the passage of fish shall not be obstructed, nor the convenient passage of the water-course impeded.

§ 7. Whenever such leave is granted, the owner or person possession of the land through which any canal may be cut, may cross it with such fencing, water-gates, and bridging as are necessary, and will not prevent the flow of water through the canal.

Owner of land

may cross canal

in with fences, &c.

§ 8. No person shall, by reason of such leave, draw the Another mill water from the mill-pond of another existing at the time of

pond not to be drained.

amount assessed vests title.

the leave, or otherwise do anything injurious to a vested right in any water-works then existing on the water-course. 9. The applicant to whom such leave may be granted Payment of the shall, upon paying the several parties entitled thereto the compensation ascertained by the judgment of the court, or upon paying the same into court for their use, become vested with the fee-simple to the land so designated by the inquest and judgment, have a writ of possession therefor, and other wise proceed according to such leave.

Failure to com

mence in one or

finish in three

years forfeits the

right.

§ 10. If the applicant shall not, within one year after the leave obtained, commence in good faith the proposed work, and within three years so far finish it as to have the mill or manufactory in good condition for use, or if the same be destroyed and become unfit for use, and the rebuilding or repair thereof be not so commenced within a year, and finished within three years from the time of such destruction or getting out of repair, the title to the land so obtained under the condemnation shall revert to the former owner, his heirs or assigns, and all the privileges obtained under the leave granted shall cease, unless the owner of the mill and privileges shall at such time be an infant, feme covert, imprisoned, or of unsound mind, in which case he shall be allowed the same time after such disability is removed, if the time so excepted does not exceed, in the whole, the term of seven Exceptions. years.

other action.

§ II. No such inquest, or the judgment thereon, shall bar Inquest no bar tɔ any prosecution or action which could be maintained if this chapter were not enacted, except for an injury foreseen and estimated by the inquest.

§ 12. If the terms and conditions upon which the leave is Grant may be re granted are not fulfilled, and substantially complied with by the applicant, so that the public or any individual does or might receive detriment thereby, upon conviction thereof, under the presentment of a grand jury, the leave shall be revoked, and the dam ordered to be abated by the circuit court.

ties.

13. Every owner or occupier of a mill grinding for toll, Tolls and penal whether established by law or otherwise, shall keep therein and use sealed measures of half bushel and peck, and a toll dish sealed, and shall measure all grain by strike measure, under the penalty of two dollars and fifty cents for every such failure, recoverable, with costs, before a justice of the peace, for the use of the informer. Every miller shall well and sufficiently grind the grain brought to his mill for the consumption of the person bringing or sending, in due time, and in the order that the same shall be brought, giving the preference only to what may be necessary for his own family He may take for toll one eighth part, and no more, of all grain ground on a water-mill, of which the remaining part shall be ground into meal; and one sixteenth part, and no more, of that, the remainder of which shall be ground into

use.

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