42 military companies, a list of all the members of said 43 engine companies, and such list so returned, shall 44 avail each member in the same manner, as though he 45 had personally returned his certificate of membership. 46 No person liable to the performance of military duty 47 who may be discharged from any engine company, 48 for being negligent or remiss in any of the duties 49 required of him as an engineman, shall be again ap50 pointed as an engineman, and be thereby exempted 51 from military duty, until one year from the time he 52 may be so discharged. 53 No mariner shall be required to perform military 54 duty, unless at the time of his being warned, he shall 55 have been discharged from some vessel three months. 56 No member of any company of artillery, cavalry, 57 light infantry or riflemen, shall be appointed an en58 gineman during the time for which he may have 59 enlisted into said company, and be thereby exempted 60 from military duty. 61 Any non-commissioned officer or private may be 62 exempted from military duty, on account of bodily 63 infirmity, provided he shall obtain a certificate 64 thereof, in the manner provided in this section, that 65 is to say. 66 It shall be the duty of the surgeon or surgeon's 67 mate, who shall in all cases be regular practising phy68 sicians and surgeons, upon application made to either 69 of them for a certificate of exemption from military 70 duty on account of bodily infirmities, to receive the 71 declaration of such applicant in writing, stating con72 cisely the nature of the disease or infirmity, made 73 under oath, which oath may be administered by such 74 surgeon or surgeon's mate, and make a critical exam75 ination into the degree of such infirmity, and if he 76 shall be of opinion, upon such examination, that the 77 person so applying, is unable to perform the duties 78 required by law of soldiers in the militia, they shall 79 give to the person so applying, a certificate thereof, 80 which, being recorded in the orderly book of the 81 company, in which such applicant would otherwise 82 be liable to do military duty, or presented by the per83 son holding the same to be recorded, shall exempt 84 him from the performance of military duty, for such 85 term as they may think such disability may continue, 86 not exceeding one year. Provided, that if such sur87 geon or surgeon's mate shall be of opinion, that the 88 infirmity of any person is incurable, and of such a 89 nature that he can never be able to perform military 90 duty, he may give to such person a certificate thereof, 91 which being recorded as aforesaid, shall absolutely 92 exempt such person from military duty until revoked 93 by the same authority. 94 It shall be the duty of the surgeon and surgeon's 95 mate, to file with the adjutant of the regiment, as 96 soon as practicable, all the original applications made 97 to either of them, with a minute thereon, whether a 98 certificate was granted or not, and if granted, for 99 what period; and it shall be the duty of the com100 manding officer of the regiment, as soon as may be 101 thereafter, to cause notice to be given to the com102 manding officer of the respective companies, of all 103 certificates of exemptions thus obtained, by persons 104 otherwise liable to do military duty in their compa105 nies. 106 If any surgeon or surgeon's mate shall demand or 107 receive of any non-commissioned officer or private, 108 any fee or reward for any certificate or examination, 109 he shall forfeit and pay a fine equal to four times 110 the amount of the fee so received or demanded, to 111 be recovered in an action of debt before any court 112 of competent jurisdiction, in the name of the com113 manding officer of the company, in which such 114 person so paying or causing to be paid such fee, 115 would be liable to do duty, to be appropriated in the 116 same manner as other military fines. 117 If there be no surgeon nor surgeon's mate in com118 mission in any regiment, any person otherwise liable 119 to do military duty therein, may be exempted there120 from on account of bodily infirmity, on obtaining a 121 certificate from some respectable physician, living 122 within the bounds of the regiment, that he is unable 123 to do duty by such infirmity, for such term, not 124 exceeding one year, as the officer commanding the 125 company shall judge reasonable. SEC. 4. Any staff officer, who, after having served 2 three years, has ceased to act as such, in conse3 quence of his own resignation, or of the resignation, 4 promotion or removal of the officer, who appointed 5 him, may be honorably discharged; and any such 6 officer who has ceased to act as such as aforesaid not 7 having served three years, may be exempted from 8 military duty, by paying two dollars per year to the 9 treasurer of the city, town or plantation, and deposit10 ing with the commandant of the company, within the 11 limits of which he resides, a receipt for the same, on 12 or before the first Tuesday of May, annually. SEC. 5. All persons liable by law to the perform2 ance of military duty, who are or may be, between 3 the ages of eighteen and twenty one years, and be4 tween thirty three and forty five years, and all persons 5 who have done or shall hereafter do duty for the term 6 of seven years in any company of artillery, cavalry, 7 light infantry or riflemen, shall be exempted from 8 all military duty, except that of being detached or 9 called forth to execute the laws of the United States, 10 or of this State, to suppress insurrections and repel 11 invasions, and of keeping themselves constantly furn12 ished with arms and equipments as required by the 13 laws of the United States, and the duty of carrying 14 or sending them, on the first Tuesday of May annu15 ally, to the place of inspection or view of arms of the 16 company within the bounds of which they may reside, 17 and in which they may be enrolled, and the duty of 18 attending the election of company officers: provided, 19 that nothing herein contained shall be construed as 20 affecting the liability of officers in commission or 21 hereafter to be commissioned, or members of volun22 teer companies who may be between the ages of eigh23 teen and twenty one, or thirty three and forty five 24 years of age. 25 All persons liable to do military duty, shall be allow26 ed six months after their first enrolment to procure 27 equipments, provided they are not more than twenty 23 one years of age and have not had an enrolment in 29 any military company in this State. SEC. 6. It shall be the duty of the clerk of every 2 company to assist the officer commanding the same, 3 in the enrolment, without partiality or favor, of all 4 persons, liable to do any military duty within the lim5 its thereof, so soon as their residence or their liability 6 to do such duty therein shall come to his knowledge. SEC. 7. In all cases of doubt respecting the age of 2 any person intended to be enrolled, the party ques3 tioned as to his age, shall prove the same, to the sat4 isfaction of the enrolling officer: and if any person, 5 liable to do military duty, upon application to him 6 personally by the commanding officer of the company 7 within the bounds of which such person resides, or 8 upon application by any person acting under such 9 commanding officer, shall either refuse to give his 10 name or age, or not give either truly, every such per11 son shall forfeit twelve dollars for such offence, to be 12 sued for by the clerk of the company in an action of 13 the case, before any justice of the peace of the county 14 where such offender resides. |