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22 or the assessors of a plantation, for rations in money 23 and powder, directed by law, they shall designate the 24 number and names of the members of such company, 25 belonging to such town, city or plantation, and certify 26 their performance of military duty.

SEC. 43. The commander-in-chief is hereby author2 ized to cause all necessary repairs to be made upon 3 all the carriages and apparatus of the artillery, and all 4 the gun houses belonging to the State; and also to 5 cause gun houses to be erected for the safe keeping 6 of the public property, as aforesaid, where such have 7 not been erected; good and sufficient deeds of land 8 being first given, free of expense to the State.

SEC. 44. Whenever either or any of the gun houses, 2 used for the protection and preservation of guns, gun 3 carriages, tumbrels, munitions of war, or any other 4 apparatus, provided for the use of the artillery of the 5 State, shall be so far injured or decayed, as that in 6 the opinion of the commanding officer of any division 7 of the militia, in which said gun houses are situated, 8 it is inexpedient to repair the same, such commanding 9 officer may authorize the captain of the artillery com10 pany having the immediate superintendence of the 11 gun house thus injured or decayed, to dispose of the 12 same, either at public or private sale, as he may judge 13 most advantageous, and deposit the proceeds thereof 14 in the treasury of the State for the use thereof.

SEC. 45. The commissioned officers of the militia, 2 named in the aforesaid laws of the United States,

3 shall be chosen in the manner following: the major 4 generals to be chosen by the senate and house of rep5 resentatives, each having a negative upon the other. 6 The secretary of State, as soon as may be after any 7 such election, shall notify the person clected thereof; 8 and if such person shall not signify his acceptance of 9 the office within thirty days after such notice, he shall 10 be considered as declining.

11 The adjutant general and quartermaster general, to 12 be appointed by the governor, with advice of the 13 council, with the rank of brigadier general. 14 The division inspectors, to be appointed by the ma15 jor generals of their respective divisions, with the rank 16 of lieutenant colonel.

17 The aids-de-camp of the major generals, to be ap18 pointed by their respective major generals, with the 19 rank of major.

20 The division quartermasters, to be appointed by the 21 major generals of their respective divisions, with the 22 rank of major.

23 The brigadier generals, to be chosen by the written 24 votes of the field officers of their respective brigades. 25 The brigade majors, quartermasters of brigades, and 26 aids-de-camp to the brigadier generals, to be appoint27 ed by their respective brigades, the first with the rank 28 of major and the two last with the rank of captain. 29 The field officers of regiments and battalions, to be 30 chosen by the written votes of the captains and sub31 alterns of their respective regiments and battalions.

32 The captains and subalterns of companies, to be 33 chosen by the written votes of the members of their 31 respective companies, and no person shall be eligible 35 to either of said offices unless he be a member of said

36 company.

37 The adjutants, the quartermasters, and the paymas38 ters of regiments to be appointed by the colonels of 39 their respective regiments, with the rank of lieutenant. 40 The chaplains, the surgeons and the surgeons' mates 41 of regiments, to be appointed by the colonels of their 42 respective regiments.

43 The aforenamed officers shall be commissioned by

44 the governor.

SEC. 46. The non-commissioned officers, named in 2 the aforesaid laws of the United States, shall be ap3 pointed in the manner following: the sergeants of 4 companies to be appointed by the captains of their 5 respective companies, who shall forthwith make return 6 thereof to the commanding officer of their respective 7 regiments or battalions; and they shall grant them 8 warrants accordingly. If there be but one company 9 of cavalry or artillery in any brigade, the warrant shall 10 be granted by the captain of such company; corpo11 rals shall be appointed by, and receive warrants from 12 the captains of their respective companies.

SEC. 47. In addition to the officers specified in the 2 laws of the United States, there shall be the following, 3 who shall receive commissions from the governor,

5 Aids-de-camp to the commander-in-chief, not to ex6 ceed four in number, with the rank of lieutenant.col7 onel, to be appointed by the governor.

8 One or more hospital surgeons, to be appointed by 9 the governor; and said surgeons, while in actual ser10 vice, shall be at the head of the medical department, 11 within the district assigned them by the commander12 in-chief, with advice of the council.

13 A division advocate for each division, to be appoint14 ed by the commander-in-chief.

15 An adjutant and quartermaster to each battalion of 16 artillery and cavalry, to be appointed by the com17 manding officers of their respective battalions, with 18 the rank of lieutenant.

19 And the following non-commissioned officers, viz: 20 To each regiment a quartermaster sergeant and a 21 sergeant major, a drum and fife major, master, deputy 22 master and musicians of the regimental bands, to be 23 appointed by the colonels of their respective regi 24 ments, who shall grant them warrants accordingly. 25 A quartermaster sergeant to each separate battalion 26 of artillery and cavalry, to be appointed by the com27 manding officers of their respective battalions, who 28 shall grant them warrants accordingly.

SEC. 48. Each major general is authorized, and it 2 shall be his duty, from time to time, to give all such 3 orders, as may be necessary for filling, by election, 4 any vacancy of brigadier general, field officer, captain 5 or subaltern, existing within his division. Previously

6 to any such election, the electors shall have ten days 7 notice thereof, at least, and no election for the choice 8 of brigadier general or field officer, shall be valid, 9 until a majority of all the electors, qualified by law to 10 vote in such choice, counting all the existing vacan11 cies in the offices of such electors, shall be present at 12 such election.

13 Every person, who shall have been elected to any 14 office as aforesaid, and shall not within one hour after 15 he shall be declared so elected, signify his acceptance 16 to the presiding officer thereof in person, or in writ17 ing, shall be considered as declining to serve, and a 18 new election shall be had.

SEC. 49. All returns of elections, or of neglects or 2 refusals to elect, shall be made to the commander-in3 chief by the major generals, in whose divisions such 4 elections shall have been ordered; and all commis5 sions shall be transmitted to the major generals, to be 6 regularly passed down to the persons entitled to re7 ceive them.

SEC. 50. Whenever from any cause a company 2 shall neglect or fail, to fill any existing vacancy that 3 may have occurred by the death, removal, promotion 4 or discharge of the captain or any subaltern thereof, 5 after two separate meetings of said company duly or6 dered for that purpose, it shall be the duty of the 7 commanding officer of the regiment to which such 8 company belongs, to communicate said neglect or 9 failure forthwith to the commander-in-chief and at the

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